La Superintendencia de Servicios Públicos Domiciliarios de Colombia y la Separación de Ggerentes o Administradores de Empresas Prestadoras

Abstract

The Superintendency of Public Services ensures compliance with the legal regime applicable to those who provide these services and their complementary activities, through instruments granted mainly by Law 142 of 1994, among which is its sanctioning power (#4 and 7 art. 81) and administrative measures (art. 58 et seq.) to take possession and separate managers or administrators of service providers, however in the history of that entity, this separation has not been ordered as a sanction, but rather more expeditious mechanisms have been used so that, by virtue of a taking possession, managers or administrators are preventively separated from their position. All of this is analyzed based on the legal nature and purpose of this superintendence, followed by some considerations on the disuse of the sanctions in numerals 4 and 7 of article 81, with a case study for companies on the Caribbean coast on administrative measures of takeover that illustrates the way in which the separation of managers or administrators of companies providing these services in Colombia has been handled during the last decade.