Accion De Cumplimiento De Norma Legal

10. Article 200(6) of the Constitution provides that, without prejudice to legal competence, enforcement proceedings are to be directed against any authority or official who refuses to comply with a rule of law or an administrative act. As we explained above, compliance with a legal norm or administrative act has its most important expression in the level of its effectiveness. Just as the primary purpose of data processing is the protection of privacy rights, access to public information and informational self-determination, the compliance process aims to protect the constitutional right to defend the effectiveness of legal norms and administrative acts. (h) If the complaint is submitted after the expiry of the period of sixty days counted from the date of receipt of the written request addressed to the authority© reluctant to comply with the omitted legal or administrative mandate. “Any person may request the judicial authority to enforce a law or administrative act.” (g) If the authority or authority has not been previously invited by a document of a certain date to comply with the obligation omitted by the official or public authority. Summary: 1. Constitutional context and regulation, 2. Concept and characteristics, 3. Purpose of protection: rights protected by the compliance process, 4. Purpose of control: adverse actions in the compliance process, 5. Conduct of the compliance process. It is clarified that the challenge to the decision given in the context of the implementing act cannot always have suspensive effect, since the suspension of the enforcement of the decision may cause irreparable damage to the applicant, it is necessary to comply with it, irrespective of whether the appeal lodged must be dealt with in accordance with the provisions of Article 26, paragraph 2 of Law 393 of 1997.

A recent judgment of the Fifth Section of the Council of State recalls that the implementing measure aims to implement the mandates contained in the norms of legal rank and in administrative acts. (Read: Unifying case law on appeal against refusal of enforcement measures). “In order to justify the refusal, the origin of the claim requires that the plaintiff has previously asserted compliance with the legal or administrative obligation and that the authority has confirmed its violation or has not responded within ten (10) days of filing the request.” – The legal obligation is at the heart of the lawsuit. The PUCP Editorial Fund has published its collection “L`essentiel du droit”. Ahã highlights the book Constitutional Procedural Law (2018, PUCP), written by former Constitutional Court judge Cã©sar Landa Arroyo. We share this excerpt from the text, which explains in a simple and simple way the essentials of what you need to know about the compliance process. The appeal against the decision rendered in an implementing measure continues, whereby the decision is submitted to the superior of the judge so that he can rule on the matter and decide whether to confirm, amend or revoke it. 5. However, under article II of the provisional title of the Rules of Constitutional Procedure, the tasks of constitutional procedures are, inter alia, to ensure the primacy of the Constitution and the effective validity of constitutional rights that are possible or embodied in©the specific objectives of each constitutional process.

Therefore, in order to configure the exact profile of the compliance process and to ensure the autonomy of each of the constitutional processes for the protection of constitutional rights (amparo, hã¡beas corpus and hã¡beas data), we must define, within the framework of Article II of the Provisional Title of the Code of Constitutional Procedure, how the process of respect achieves the common objectives of the constitutional processes. The compliance process has common law precedents, as judges use the so-called writ of mandamus to ask government officials to comply with their legal obligations. Then it was incorporated into the Constitution of Colombia of 1991, and then it was incorporated into our Constitution of 1993, article 200 (5) of which regulates it with the following text: The implementing measure is contained in article 87 of the Political Constitution, which stipulates in its first paragraph: d) if it tries to question the validity of an administrative act, in so far as the purpose of this procedure is not to review the legality of administrative acts, but to review omissions in the performance of obligations or ordinances contained in laws, regulations and administrative acts. The appeal is allowed with suspensive effect, which means that the decision is not enforced until the proceedings of the second instance have been exhausted and the judge has rendered the judgment. Nor shall it apply where the exercise of the means of control is intended to comply with the legislation and administrative acts determining costs. (Read: Law enforcement will revive peace constituencies) The compliance procedure is a constitutional procedure whose immediate purpose is for judges to order authorities and officials to comply with mandates arising from a norm of legal or regulatory importance and administrative acts of a general or particular nature, and to express their opinion when legal norms order them to issue an administrative decision or regulation.