La extensión de la Jurisprudencia, un propósito incumplido.

Abstract

The extension of the jurisprudence was presented as a novel mechanism in Law 1437 of 2011, so that, in the first place, it enforced the precedent of the Council of State established in the unification sentences, by subjecting the decisions made by the public administration to its observance; and, secondly, to provide the administration and third parties with a tool to resolve disputes without the need to resort to the ordinary action provided for in the contentious-administrative jurisdiction, and thereby save time and effort for the parties involved. (Council of State, Reports of Law 1437 of 2011, 2014). When the Constitutional Court studied the constitutionality of the regulations creating the extension of the jurisprudence, in judgment C-816 of 2011, it indicated that this figure is nothing other than the very materialization of the right to equality provided for in article 13 of the Political Constitution of 1991; particularly, in what has to do with equal treatment or equality before the law, which constitutes an imperative for public authorities derived from the obligation to respect the Constitution and the law within the Social State of Law, as well as adherence to it in all its actions. In other words, it is a right of the people to receive an identical solution to a factual and legal situation of the same contours. A different situation would constitute discrimination that would not find justification from the constitutional point of view (Sentence C816 of 2011, November 1, Constitutional Court, MAURICIO GONZALEZ CUERVO, MP, 2011). Thus, in this work it is necessary to define the mechanism, establish its generalities, analyze the changes it had since the reform introduced by Law 2080 of 2021, express a criticism of it and finally reach some conclusions on the subject, in relation to the fulfillment of the objectives for which the figure was created, through the analysis of the number of cases resolved by the Council of State during the time of its validity.