Licenciamiento ambiental, ¿Una Muestra de codificación o decodificación en el derecho administrativo Colombiano?

Abstract

The present research allows us to determine if the Codification (or decoding) of legal rules effectively protect the due administrative process in the special environmental licensing procedure, to guarantee the rights to a healthy environment in a social state of law This research becomes relevant because it contributes to the compression of administrative law from a systemic point of view in which the two forms of legislative production studied are present. This in turn allows to visualize the application of theories to the correlation of codification and decoding and their usefulness with respect to the production of norms in Colombian administrative law, in a specific case. It also clarifies the concept of due administrative process, tracing its content in the norms that guide one or another form of production. This makes it possible to corroborate that the principle is effectively applied, in its two components, in the general actions and in the specific action under study; that is, the issuance of environmental licenses. Likewise, this research will allow us to explore and reframe theories that nourish its legal framework, delving into issues of normative production phenomena (codification and decoding) applied from academia to administrative law which is an area in which these phenomena. In that sense, a conceptual approach to the due administrative process and its specific characteristics and to the environmental licensing in its complex administrative process will also be made