La efectividad de la conciliación extrajudicial ante los procuradores delegados en lo contencioso administrativo

Abstract

The present investigation is directed to answer if the legislative change present in the Law 1285 of 2009, Article 13 and the Decree 1716 of 2009 has turned the conciliations in to a mechanism more effective for the solution of conflicts between individuals and the state in this area of the right in, without having to resort to judicial proceedings. Based on the information collected and the statistics obtained, it could be concluded that the conciliation in this area of the right has not been effective, a conclusion that is based on the low percentage of conciliation requests with an agreement, compared to the large number of requests that are issued; It can also be concluded that in most cases this conciliatory attempt is not only due to the lack of courage of the called party, that is, of the state entities and their conciliation committees that in most cases never present a proposal or formula of conciliation, but by the inaction of the agent who is displaying his qualities of conciliator.