Acercamiento a la Constitucionalización del Derecho Administrativo en Colombia con la Reforma que Introdujo la Ley 2080 de 2021

Abstract

Colombia has the Contentious-Administrative Jurisdiction (hereinafter JCA) which presents difficulties in materializing the purpose of the Social State of Law that was enshrined in the 1991 Constitution (art. 1), namely, there are large congestions in judicial offices and this has prevented a true approach of this justice to each of the citizens who expect prompt and fulfilled justice. However, the JCA has been strengthened by the functioning of the Administrative Courts, an action that took ten years, since their creation took place in 1996 with the issuance of Law 270 (1996), thus completing almost hundred years, after the creation of the Administrative Courts. Scenario that led largely to judicial congestion. In addition to the above, with the entry into force of the courts, the JCA had its first difficulties, such as the application of the Contentious Administrative Code (hereinafter CCA), through Decree 01 (1984) that had not been designed for a jurisdiction of three levels (art. 89) and, rather, developed the Constitution of 1986 (art. 164), therefore, this norm fell short for purposes of fulfilling the purpose of the Social State of Law instituted with the pact of coexistence of 1991 (art. 1). This is how the new Code of Administrative Procedure and Administrative Litigation (hereinafter CPACA) is consigned through Law 1437 of 2011 that came into force as of July 2, 2012 (art. 308), with a different philosophy, by incorporating a series of principles that manage to make effective the fundamental rights of the administered. However, some needs arose that needed to be addressed, which were generated with the application of the aforementioned Law 1437 (2011) and, this, originated the presentation of the bill, whose result was Law 2080 that came into force from the “January 25, 2021” (art. 86). Among the great purposes of this last regulation is the reassignment of powers in order to strengthen the unifying function headed by the JCA and the Council of State (n.d., para. 1); reduce paperwork and procedures in search of a decongestion within judicial offices; and seek to make the State more efficient and agile, in addition to consolidating a more proactive and innovative citizenry in an environment of digital trust.