La competencia judicial frente a sanciones disciplinarias consistentes en retiro del servicio
The purpose of this research was to determine the competent court to hear complaints against administrative acts imposing disciplinary sanctions of suspension or dismissal issued by other than the Attorney General’s Office authorities. The methodology was descriptive, theoretical reflection and crit...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6331304 |
| Source: | Derecho Público, ISSN 1909-7778, Nº. 37, 2016 |
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| Summary: |
The purpose of this research was to determine the competent court to hear complaints against administrative acts imposing disciplinary sanctions of suspension or dismissal issued by other than the Attorney General’s Office authorities. The methodology was descriptive, theoretical reflection and critical analysis, a process of historical background check for a universal frame of reference was made. It was noted that before the Legislative Omission of the law 1437 of 2011, the Second Section of the State Council implied powers granted by analogy, extension and assimilation to the Administrative Courts in the first instance to hear these matters. It was concluded that the allocation of powers is constitutional and legal reserve and that the position of the State Council set up an organic defect due to lack of functional competence that violates the right to be heard by a judge. |
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