La prestación de servicios públicos en el nivel municipal : ¿Una aproximación a una autonomía plena o precaria?

Abstract

The autonomy can be considered to be one of the notions that re-dresses innovation and simultaneously it turns out to be of the complex matters that the Political Constitution of Colombia has introduced. For it, his study can imply deep repercussions to juridical level, and receives relevancy when the paper is analyzed that him compete, for constitutional mandate, to take up office to some of the territorial entities that the Letter has foreseen, corresponding in this occasion the analysis of the municipality.

In this respect, the investigation that we present on this occasion takes into account pronouncements of jurisprudential, constitutional, legal and doctrinal order in the area of autonomy in charge of the municipality in the provision of public services, which, as a territorial entity, enjoys various degrees that , in practice, it is contradictory with what is emanated from the political Constitution itself. For this reason, a re-centralizing trend in this matter is proposed, which ignores figures such as the same decentralization that has been proclaimed since the beginning of the Charter, evidencing a possible disarticulation of municipal territorial autonomy, problematizing the configuration of state power and, putting in question the very model of the social state of law

Consequently, and in order to respond to this approach, it is necessary to identify the current state of autonomy recognized by the constituent of 1991 to the territorial entities in terms of home public services, considering the jurisprudential development that has been advanced up to now, to finally determine if it conforms to the constitutional tasks or has been blurred over time.