Alcance y procedencia de la acción de nulidad y restablecimiento del derecho y la reparación directa en actos administrativos de carácter particular revocados directamente por la administración

Abstract

We find a great difference between the means of control presented by the jurisdiction of the administrative litigation to place the entire judicial apparatus in order to guarantee the repair of a damage caused by the direct revocation of an administrative act, it is the feasibility of filing the Action for Annulment and Restoration of the right and on the other hand the Direct Reparation. The Direct Revocation of the administrative act, although it carries out a control of legality and constitutionality, may at any given time cause damage and / or loss, in that order of ideas, the injured party may go to the administrative contentious jurisdiction, not to question the legality of the act, but whether to obtain compensation for the damages suffered. The methodology of this line starts with a legal and doctrinal approach on the revocation of administrative acts and the origin of actions to claim the repair of damages caused by the Revocation of the Administrative, after establishing and identifying the legal problem. Through the study of the present situation we find arguments of the Council of State, which has ruled several times in this regard, however, there is no unanimity regarding the means of control to be used, either that of Nullity and Restoration of the right or Direct Repair.