Derecho comparado: El acto administrativo entre Colombia e Italia

Abstract

This article addresses the concept and development of the administrative act from a qualitative comparative approach, based on a doctrinal and normative analysis of the administrative act between the Colombian and Italian legal systems. It will seek to identify not only the normative differences, but also the practical and theoretical implications that arise from them. In addition, aspects such as the historical and legal conception of the administrative act, its essential elements and its classification will be deepened. The perception of the administrative act will be understood always guided to the unilateral manifestation of the will of the Public Administration or of an individual in the exercise of public functions, highlighting its capacity to generate legal effects by creating, modifying or extinguishing rights and obligations. Taking into account the essential elements that constitute it and the different ways of understanding the administrative act according to its classifications. The lack of a single legal definition and the diversity of doctrinal approaches that complicate the unification of the concept will be indicated, which will be a fundamental part of the discussion. Within this analysis, the regulations governing the administrative act in both countries will be studied. First, in Colombia, Law 1437 of 2011 (Code of Administrative Procedure and Administrative Disputes) regulates the process of the administrative act, from its formation to its judicial control. On the other hand, in Italy, Law 241 of 1990 and Legislative Decree No. 104 of 2010 regulate the formation, motivation and control of the administrative act, incorporating important principles for its development.