ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
La jurisprudencia de unificación del consejo de estado como parámetro para la formulación de las políticas de prevención del daño antijurídico en las entidades administrativas
This research focuses on analysis of precedent jurisprudential figure and its relationship with design of public policies for prevention of illegal damage in Colombia. This link becomes evident when considering existence of norms within national legal order that assign to several organisms competence for formulation of public policies in matters of prevention of illegal damage, but, at same time, other normative dispositions create figures and procedures that oblige authorities to take into account in their management jurisprudential precedents, mainly established by Council of State. The above implies that authorities responsible for formulation of public policies on prevention of unlawful damage, to exercise this function, have obligation to consider precedents contained in unification sentences uttered by highest body of jurisdiction. administrative litigation. In this regard, decree 1716 of 2009, by which law 1285 of 2009 was regulated as well as article 75 of law 446 of 1996 and chapter V of law 640 of 2000, defines in its article 16 a Conciliation Committees of public law entities as an administrative body that acts as a seat for study, analysis and formulation of policies on prevention of unlawful damage and defense of interests of entity. Additionally, Law 1444 of 2011, when creating National Agency for Legal Defense of State (ANDJE), it defined it as entity of national order whose management pursues the structuring, formulation, application, evaluation and dissemination of policies for prevention of unlawful This objective was reiterated in article 2 of Decree 4085 of 2011, stating that ANDJE is responsible for formulation, evaluation and dissemination of policies regarding prevention of unlawful behavior by public servants and entities, of illegal damage. and 12 extent of its effects. As can be seen from reading of aforementioned norms, assignment of competences on responsibility in formulation of public policies regarding prevention of illegal damage is responsibility of both National Legal Defense Agency of State, and of each Conciliation Committee of public law entities.