Responsabilidad patrimonial de los alcaldes municipales como ordenador del gasto frente a la acción de repetición

Abstract

The legislators, the readers and those who dispense justice, as well as those who wrote this document, recognize in the action of repetition the great possibility that the State will demand from the officials or former officials the reimbursement of the resources that have had to leave the coffers of the municipalities, departments, districts or nation, because of the fault or fraud that generated some damage to a third party who has won in court and has The right is not affected by the dominant position of the State, which should serve, be a guarantor and protector of the fellow citizens who go to the different entities, but it is seen that there is still political contamination, procedural inefficiency, the lack of updating and improvement of the tools to prevent and collect. Regardless of the regulations that exist, the action for repetition faces serious difficulties, such as the lack of political will, the scarcity of resources to carry out judicial processes and the negative perception of the responsibility of the State. It is concluded that it is necessary to reform the regulatory framework and promote a culture of responsibility within the public administration to guarantee greater effectiveness in the recovery of public resources