El precedente en el consejo de estado

Abstract

With the Judgment C-836 of 2001, the Constitutional Court, who had been doing extensive elaboration on the issue of mandatory their judgments, extended the mandatory nature of the court decision to the other -ordinary jurisdictions and contentious administratively. The State Council, gradually adopted the issue of judicial precedent, however were the Laws of 2010, currently derogate- 1395, 1437 and 2011 -Code of Administrative Procedure and Contentious Administrative-, which gave him this corporation procedural tools to establish a jurisprudential discipline in the administrative jurisdict io n. Thus, the figure of the unification sentence in Article 270 of Law 1437 of 2011, was consecrated as a mandatory standard jurisprudential character. Notwithstanding the foregoing, the installation of jurisprudence as a source of law in the State Council has been a difficult process due to the shortcomings endilgadas to decisions of the Corporation, including the lack of consistency in the line of jurisprudence developed on certain themes, confrontation with the Constitutional Court when they address similar issues, and ignorance of the sections of the judgments of unification, which has generated a contentious administrative precedent weak, unstable and often disobeyed. To correct the critical aspects, interpretation of the State Council, should provide answers to legal problems inform the judge of a lower rank, so that it can adopt as a legal rule applicable to the case; this implies that those legal rules must be constant, unchanging and solid; and can only be changed or updated after a consistent process and controlled according to the social dynamic that seeks to regulate.