La Extensión de Jurisprudencia del Consejo de Estado en Colombia: un Análisis Crítico de sus Deficiencias con La Ley 1437 de 2011 y los Desafíos de la Ley 2080 de 2021

Abstract

With the creation of the Code of Administrative Procedure and Administrative Litigation (Law 1437 of 2011), the legislator introduced the figure of the extension of the jurisprudence of the Council of State to third parties, with the aim of having justice more accessible to citizens and help with the decongestion of the contentious-administrative jurisdiction. However, the mechanism, as it was created, has shown certain deficiencies, which have not allowed it to fully satisfy the initially proposed objectives. For this reason, a decade later Law 2080 of 2021 emerged, which modified Law 1437 and aims to make the Colombian judicial system more efficient and effective in administrative matters. Therefore, to have a comprehensive vision of the topic, this article will explain the nature and purpose of the extension of jurisprudence, the procedure and the characteristics of the mechanism, which emerged with Law 1437 of 2011. Also, the deficiencies that it has presented and the challenges that the extension of jurisprudence must continue to face with its modification in Law 2080 of 2021.