La responsabilidad extracontractual del estado por la actividad del legislador frente a la confianza ciudadana

The Colombian administrative jurisprudence, like the French one, has admitted that the act of the legislator can compromise the extracontractual patrimonial responsibility of the State. For this, it has resorted to imputation titles of both objective and subjective nature, but recently the State Cou...

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Detalles Bibliográficos
Autor Principal: Fuentes Orozco, Jesús José
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Español (Spanish)
Publicado: Universidad Libre 2018
Materias:
Descripción
Sumario:The Colombian administrative jurisprudence, like the French one, has admitted that the act of the legislator can compromise the extracontractual patrimonial responsibility of the State. For this, it has resorted to imputation titles of both objective and subjective nature, but recently the State Council added as an autonomous reference of imputation the breach of legitimate expectations. This, in no way implies an undue interference of the jurisdictional power in the freedom of configuration that assists the legislator, because the administrative dogmatics in the matter seeks that the Congress pays due attention to the need to regulate the legislative transition, under penalty of the assumption of the unlawful damages that this omission generates. Additionally, it is consistent with the essence of this figure, that the eventual reparation of the damage caused is subject to the parameters of the loss of opportunity, taking into attending the probability of access to a right or benefit.