Mediante qué criterios jurídicos se puede superar el vacío normativo existente en el procedimiento administrativo de las empresas comunitarias en Colombia

Abstract

This article analyzes, based on the legal figure of the Community companies, and the administrative procedure that has been established for the business operation, defined in Decree 561 of 1989. Once the established procedure is analyzed, it will be determined the Gaps that exist in the normativity to give effective applicability. The article addresses two legal criteria, as alternatives to overcome such regulatory gaps, among which will be developed such concepts, later the way they are absent in the administrative procedure established to the program of Community companies. The legal criteria that will be analyzed will have a constitutional, jurisprudential and doctrinal development. The Community Enterprise program, having the great importance of land, economic development, community and environmental conservation, it will be understood that such elements must be regulated in the procedure, with a look at the criteria of sustainable development and function Ecological property, for the purpose of conserving natural resources.