Utility and Legal Mutations of the Special Administrative Procedure on Case Law Extension of the Council of State to Third Parties by Colombian Authorities from July 4th, 1991 to December 31st, 2013: Over Two Decades of Case Law Study

Abstract

In Colombia, the creation of the Special Administrative Procedure on Case Law Extension of the Council of State to Third Parties by the Authorities have set a landmark for the effectiveness of the administrative protection, because the public administrations are also responsible for protecting and guaranteeing rights based on the enforcement of the law. In this procedure, it’s quite necessary the existence of a type of special ruling, the unification of case law issued by the Council of State. Moreover, after almost ten years since its design and application, it’s relevant to describe the main mutations that have been incorporated by the law, and case law through different rulings before some sub-rules in the law’s reform of 2021, and many others, aiming the achievement of the utility under a structural parameter in terms of preserving on the procedural design its competence over the decision of case law extension in the public administration field.

In that sense, the current research looks for showing the utility of the legal procedure in its enforceable moments, it means, from July 4^th of 1991 (effective date of the Colombian Constitution of 1991) by going through July 1^st of 2012 (effective date of the Act 1437 of 2011) until December 31^st of 2013, with that in mind, it would be possible to characterize the most relevant mutations of the administrative procedure, from its critical aspects and possible proposals to enact future law reforms in this field.