La revisión de actos administrativos municipales por el Gobernador: análisis del desarrollo jurisprudencial del Tribunal Administrativo de Boyacá 2016 a 2018

Abstract

In Colombia, the multiple functions entrusted to the municipalities since 1991 generate more formal decisions of their will, and even more so in their administrative acts as a form of action. Administrative acts at the municipal level can be issued by the mayor or by the Municipal Council due to their constitutional and legal powers. However, the multiple tasks entrusted to the government and the local public corporation, in addition sometimes with the lack of experience of its members, the administrative acts emanating from them violate the Colombian legal system. In consequence the constituent grants the power to the governors to exercise the revision of the acts of the municipal councils and the mayors, not to decide directly on the constitutionality or legality of the same, but to carry out a study and send it to the Competent court to rule on its validity (art. 305, No. 10). For that reason the constitutional function at the head of the governors to exercise the review of municipal administrative acts becomes a guardianship control for the due compliance with the legal and constitutional provisions, especially for the guarantee of the principle of legality.

The Governor of Boyacá in observance of the powers granted by number 10 of article 305 of the Political Constitution, has ensured respect the principle of legality, complying with the review of municipal administrative acts in time. In accordance, during the years 2016, 2017 and 2018, it reviewed 9371 municipal administrative acts, suing to the Administrative Court of Boyacá 457 because there are not finding them compliant with the superior norm and / or other legal provisions.

It is concluded that the guardianship control carried out by the Governor of Boyacá was timely and effective, taking into account that the declaration of invalid and partially invalid agreements occurred in a large percentage, allowing the effects of said provisions to cease and in that way it guarantee the principle.of legality.