La conciliación extrajudicial en relación con los actos administrativos

Abstract

The principle of autonomy of the parties, to be introduced at the upper legal system allowed individuals succeed in repairing their differences through alternative mechanisms for conflict resolution in its various forms (conciliation, transaction, mediation, arbitration and amicable). Against that legal background, the jurisdiction of the administrative dispute, was not a stranger, allowing entratándose conflict this is not a problem but an advantage to manage the solution, because although the ritual of the forms involved a review of legality for the guarantee of human rights, respect for the law and the protection of public property, those cases in which economic interests of particular character and content were aired, could be reconciled between public entities and private persons play typical of the various state bodies functions, ie under the authority of the Constitution of 1886 and the Administrative Code, it was not a procedural requirement; position, remained in the new charter and its related laws Act 446 of 1998 and 640 of 2001. Only the enactment of Law 1285 of 2009, a new article of the Law 270 of 1996, section 42A, on the understanding that it was the court settlement a procedural requirement of the actions foreseen in Articles 85, 86 was adopted and 87 of the CCA, as long as the issues are reconcilable. Disposition legislation was developed in Decree 1716 of 2009 and is currently contained in the Single Regulatory Decree Sector Justice and Law No. 1069 of 2015, in response to the recent reform of the law 1437 of 2011. Provisions of those regulations, provides that the reconciliation constitute procedural requirement in the control means currently invalid with restoring law and contractual disputes Direct Repair, because what is sought is not only relieve the judicial apparatus, but the immediate satisfaction of rights violated by public activity. Under this last step, the issue of reconciliation against administrative acts arise, if it is true can only be subject to annulment by the subjective contentious, is so broad figure for reconciling economic effects in story the recognition and payment.