Alcance del control judicial de los actos administrativos del regulador del sector eléctrico en Colombia

The scope of judicial review of the acts of regulatory agencies conveys significant conflicting points of view. This research aims to explain how control oscillates between full review and judicial deference to administrative agencies, and how in this scenario the asymmetry in the information of the...

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Bibliographic Details
Main Author: Rey Ortiz, Andrés Eduardo
Format: Article
Language:Spanish
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8474390
Source:Revista Digital de Derecho Administrativo, ISSN 2145-2946, Nº. 28, 2022, pags. 89-127
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Summary: The scope of judicial review of the acts of regulatory agencies conveys significant conflicting points of view. This research aims to explain how control oscillates between full review and judicial deference to administrative agencies, and how in this scenario the asymmetry in the information of the regulator and that of the judge plays a significant role. Regulatory quality, as a qualified standard in the rulemaking process, can reduce this asymmetry and have important consequences in the judicial approach to disputes regarding agency rules. The respect of regulatory quality requirements during the issuance of the final rule by the energy sector regulator, allows the judge to have more information, and thus facilities judicial review of its acts