The disciplinary sanction for not responding timely to the right of petition
The Right of Petition can be taken as one of the most common and effective ways for people to interact with the State and it is also the starting point to start general administrative action. However, on the part of the administration, it becomes a legal obligation to respond to requests according t...
| Autores Principales: | , |
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| Formato: | Artículo (Article) |
| Lenguaje: | Español (Spanish) Español (Spanish) |
| Publicado: |
Universidad Libre
2019
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| Materias: |
| Sumario: | The Right of Petition can be taken as one of the most common and effective ways for people to interact with the State and it is also the starting point to start general administrative action. However, on the part of the administration, it becomes a legal obligation to respond to requests according to the term established in Article 14 of the Code of Administrative Procedure and Contentious Administrative Law, replaced by statutory law 1755 of 2015, also becoming a lack of disciplinary type for the public servant or contractor of the State that until the issuance of the law 1755, was treated as a very serious fault.
Despite the fact that by legal provision a sanction must be applied in the event of a timely failure to respond to a right of petition, is public sanction really sanctioned for this lack? Is it the correct measure to prevent the violation of this right? In practice, it is observed that the measure is neither effective nor effective given the large number of unanswered petitions and, in addition, the large number of guardianships presented in violation of this fundamental right. Even, what happens when the inattention to a right of petition comes from a State contractor? Is the fault sanctioned? Is the measure against an individual who temporarily provides services to the administration equally effective?
It is about suitability, effectiveness and applicability of the disciplinary sanction against the timely response to the rights of petition, from a critical point of view, but especially practical, of the daily life of the public administration. |
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