Régimen jurídico aplicable a los miembros del nivel ejecutivo de la Policía Nacional para el reconocimiento de la asignación de retiro: análisis jurisprudencial de sentencias de los Juzgados y el Tribunal Administrativos de Bolívar
This article deals with the legal problem that arises in the application of two norms for the recognition of the retirement assignment of the Executive Level of the National Police and thus contribute to a better understanding of an object of study that deserves special attention. The minimum time o...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8107353 |
| Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 13, Nº. 26, 2021, pags. 318-336 |
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| Summary: |
This article deals with the legal problem that arises in the application of two norms for the recognition of the retirement assignment of the Executive Level of the National Police and thus contribute to a better understanding of an object of study that deserves special attention. The minimum time of service required to achieve the financial, monthly and life benefit after the administrative employment relationship with the State has been terminated has been subject to modifications by the national government through laws and regulatory decrees. These norms have successively been declared null or void by the Council of State, a situation that has led them to go before the jurisdictional instances in search of the protection of the rights that they consider have been violated. From the normative and jurisprudential analysis carried out on the rulings issued in the years 2015, 2016, 2017 and 2018 by the Administrative Courts of Cartagena in the first instance to recognize the retirement allocation two theses emerged. The first applied Decree 1212/1990 and the second was Decree 1858/2012 and when the second instance was unleashed, the Administrative Court of Bolívar adopted an intermediate position, evidencing an exegetical interpretation in application of a normative integration when using the two statutes.
From the study of the exegetical interpretation method in the application of the law, the results of the investigation indicate that Decree 1858/2012 becomes sufficient to solve the legal problem raised, as it contains all the elements and guarantees necessary to access the recognition of the periodic provision and not incurring in the legal phenomenon of the inescapability of the norm when bringing elements of two statutes for the same solution. |
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