El estado como administrador del sistema pensional: desafíos jurídicos y perspectiva comparada frente a la reforma colombiana

Abstract

This research article critically examines pension recognition as an administrative act within the Colombian pension system, particularly in light of the proposed reform that grants Colpensiones exclusive control over the pay-as-you-go component. The study begins with a doctrinal and jurisprudential analysis of the legal nature of pension resolutions, which are understood as individual administrative acts that directly affect the legal status of affiliates. These acts must comply with principles of legality, motivation, due process, and publicity, as established by the Colombian Administrative Procedure and Contentious Administrative Code (Law 1437 of 2011), and may implicate fundamental rights, especially for vulnerable populations. The article also explores the judicial review mechanisms available in Colombian administrative law to challenge pension decisions, including the action for annulment and reparation, the writ of protection (tutela), and the action for compliance. It anticipates a high level of litigation under the new pension model due to increased administrative activity, normative complexity, and growing legal awareness among citizens. A comparative law section analyzes public pension administration models in Japan, aiming to identify best practices, shared challenges, and lessons that may inform Colombia’s transition. This work contributes to the legal understanding of pension recognition as an administrative act and reflects on the institutional and regulatory challenges facing Colombia’s pension system as it moves toward a new public management framework.