El Principio de la Buena Administración en el Procedimiento Administrativo Colombiano

Abstract

The initiative of good management was created since ancient times, however with the revolutionary processes in France, Bonnin Charles appears - Jean Baptiste called the father of public administration creating an entire administrative theory for the proper functioning of the administration founded on the creation of a administrative code regulated by administrative laws. Later, the role of the State changes, being more active to achieve the fulfillment of its social objectives, then management is considered as the means to achieve it and in turn an essential component of administrative law, there is a correlation according to Professor Enterria Eduardo & Ramón Tomás (1995) "The structural relationship between the reality constituted by the Public Administration and the legal system is not made by considering it as a set of bodies, but through its consideration as a person subject to Law" (p. 28) Administrative law has evolved leaving behind its concern for the execution of the law, the rationalization of power in the face of abuses and arbitrariness of the rulers, current administrative law is concerned about citizens tending to their well-being, directing all their activity towards satisfaction of general interest, that is, new trends call for greater citizen participation, for the protection and guarantee of their rights, demanding effective, efficient and good administrations. It is from this current guaranteeing and promoting protection where the word of good administration arises linked to the concept of good governance according to Sánchez (2016) “negotiation, coordination, cooperation between sectors of society is practiced and emphasis is placed on in the social dimension in the protection of fundamental rights and democracy ”(p.376), the recognition of the expressions“ good government ”or“ good administration ”is a constant in comparative administrative law for decades. the reason for existence for both the State and its public administration. That is why there are two international documents that specifically mention it: the European Charter of Fundamental Rights in its (art. 41) and the Ibero-American Charter of the Rights and Duties of the Citizen in Relation to Public Administration, emerging new forms of government where the Communities become protagonists of state activity seeking to achieve participatory, democratic and guarantee administrations.