La Responsabilidad de los Jueces en la Toma de Decisiones al Inhibirse, Dejando al Arbitrio a las Entidades del Orden Distrital el Derecho de la Propiedad Privada

Abstract

The discussion of the arbitrariness in taking or cutting off private property by the District administration, without paying its owner the value that corresponds to said action, leaves as the only way to go to the Administrative Litigation Jurisdiction to resolve the dispute, however, once the administration of justice is reached, due to the simple negligence of the lack of will on the part of the Contentious Judge of First Instance in not ruling on the merits, the difference is once again resolved by the entity that was primarily required.

Readers will learn that within society there will be divergences between the administration and those administered and more so in the case of a society as complex as ours, private property will be a subject with very delicate nuances; however, there are entities that settle these conflicts as guarantors, we call them administrative judges, which are entities in charge of safeguarding said rights; However, there are factors that cloud the task of these legal operators, such as the aspiration for a better job within the same judicial branch, and they do not fail in law so as not to see their salary aspirations harmed by pure bureaucracy; the overload of processes for judges and their collaborators within the offices, can also be a determining reason when they rule outside the context of justice; Lastly, it may be the work overload that does not allow them to take the time to study the case and make an in-depth decision.