Extensión de la jurisprudencia en sede administrativa, un dispositivo jurídico con vacíos, o instrumento normativo que requiere mayor desarrollo legislativo

Abstract

In Colombia, the Council of State jurisprudence Extension mechanism to thirds by the Authorities, as is named by the article 102 of the Law 1437/2011, whereby the Code of Administrative Procedure and the Administrative Disputed is issued, and 17 of the Law 2080/2021, wherewith this Code was reformed and other provisions in the relieving congestion field in the proceedings which are handled before the jurisdiction were dictated, aims precisely to relieve the jurisdiction from the Administrative Disputed which establishes the duty for the Administrative Authorities of extending the effects of a jurisprudence unification judgment dictated by the Council of State at its headquarters, in which a right had been recognized, to those who request it and accredit the same factual and legal assumptions, and therewith to optimize the administration of justice service in light of the public function guiding principles which are enshrined in article 209 of the Political Constitution, article 3 of the Law 1437/2011 and in the special laws. Although this is a long history mechanism in other countries such as Spain and Costa Rica, as well as offering high and promising benefits for any legal system, In Colombia the jurisprudence according to Decree 01 of 1984 had an auxiliary character and the judges were autonomous in their decisions, but as a tool only it was incorporated in the Colombian legislation until the year 2011, and it was put in force from 2 July 2012, date from which a series of obstacles have been encountered which have prevented to the present day that fulfills the purpose for which has been created, different causes attributable to this situation, perhaps the most important thing is the lack of special legislation that remedies the gaps that are encountered in bringing this into effect and this is regulated, the truth is that is necessary to recover the value of this implement studying it deeply.

By means of this monograph it is intended to carry out a detail analysis where the international and national background information of the mechanism are described, Administrative Authorities which are called upon to implement it as well as the principles, aims and procedural step, to define the aspects not covered by the mechanism procedure in the administrative headquarters, which prevent effective application, and by this to hand over a research which is going to offer a proposal to complement the existing regulation of the jurisprudence extension legal instrument in the administrative headquarters device.