Importancia de los Municipios en Colombia y las Dificultades de No Serlo

Abstract

The Municipality is the fundamental entity of the Colombian legal system. In its functional orbit is the important task of providing public services, building works that demand localprogress, ordering the development of its territory, promoting community participation, social improvement And culture of its inhabitants, among others, which have been created through a historical and theoretical construction. The main function of the Municipality is the provision of public services, which by their nature can not be presumed to be provided, but rather the municipality should strive to provide them efficiently. There can not be a single portion of the Colombian Territory that is outside a municipality, as this would imply the annulment of the provision of public services, as well as other municipal functions. Nevertheless in the Colombian territory 20 territories are identified that have been denominated Departmental corregimientos or non-municipalized areas that do not comprise of any municipality, in spite of the constitutional obligation and of the pronouncements of the Constitutional Court in this respect. Given the previous legal problem, different solutions could be proposed, so it may consider making a constitutional amendment, make use of the figure of the exception of Unconstitutionality or judicially extend the primary obligation of the municipalities to the Departments