Key Benefits:
ACT
(March 7)
Official Journal No. 42,745, dated March 15, 1996
STATUTORY ADMINISTRATION OF JUSTICE
THE CONGRESS OF COLOMBIA,
Considering that justice is a higher value enshrined in the Political Constitution that must guide the action of the State and is called to guarantee the effectiveness of fundamental rights, within the framework of the Social State The President of the Republic of Colombia, and the Democratic Party of Law, and to achieve peaceful coexistence among Colombians, and who, given the importance of their mission, must generate responsibility for those who are responsible for exercising it,
DECRETA:
PRINCIPLES OF ADMINISTRATION OF JUSTICE
ARTICLE 1o. ADMINISTRATION OF JUSTICE. The administration of justice is the part of the public function that the State in charge of the Political Constitution complies with and the law to make effective the rights, obligations, guarantees and freedoms enshrined in in order to achieve social coexistence and to achieve and maintain national harmony.
ARTICLE 2o. ACCESS TO JUSTICE. The State guarantees the access of all associates to the administration of justice. He will be in charge of poverty and the service of public defense. In each municipality there shall be at least one public defender.
ARTICLE 3o. RIGHT OF DEFENSE. In all kinds of judicial and administrative actions, without exception, the right of defense is guaranteed, in accordance with the Political Constitution, the international treaties in force ratified by Colombia and the law. Students of law belonging to the legal offices of the universities duly recognized by the State may exercise the technical defense with the limitations that the law indicates, provided that the university certifies that they are suitable to be exercised.
ARTICULO 4o. SPEED AND ORALITY. 1 of Law 1285 of 2009. The new text is as follows: >
The administration of justice must be prompt, accomplished and effective in the substantive settlement of matters that are subject to its knowledge. The procedural terms will be peremptory and strict compliance by judicial officers. Their unjustified violation is a cause of misconduct, without prejudice to the criminal sanctions to be imposed. The same shall apply in respect of the holders of the disciplinary function.
The actions to be carried out in the judicial proceedings must be oral with the exceptions established by the law. It shall adopt new procedural statutes with oral proceedings and by hearings, in order to ensure the unification of judicial proceedings, and take into account new technological developments.
PARAGRAFO TRANSIENT. Authorize the National Government to include in the revenue and expense budget for the next four years an equivalent item of up to 0.5% of the Product Gross domestic in accordance with the budgetary resources, the Medium Term Fiscal Framework and the Expenditure Framework, in order to gradually develop the orality in all judicial processes that determine the law and for the execution of the decongestion.
ARTICLE 5o. AUTONOMY AND INDEPENDENCE OF THE JUDICIAL BRANCH. The Judicial Branch is independent and autonomous in the exercise of its constitutional and legal function to administer justice.
No superior in the administrative or judicial order may imply, require, determine or advise a judicial officer to impose the decisions or criteria to be taken in his or her providences.
ARTICLE 6o. GRITY. 2 of Law 1285 of 2009. The new text is as follows: > The administration of justice will be free and its functioning will be in charge of the State, without prejudice to the agencies in law, costs, expenses and judicial duties that are set in accordance with the law.
No tariff may be charged on proceedings of a criminal, labor, labor, family, child, or constitutional control or in the exercise of constitutional control or other constitutional actions. No tariffs may be levied on persons with limited resources when the poverty protection is enacted or in those legal proceedings or proceedings that determine the law.
The judicial tariff will constitute a public income in favor of the judicial branch
ARTICLE 7o. EFFICIENCY. The administration of justice must be efficient. Officials and judicial employees must be diligent in the substance of the matters in their position, without prejudice to the quality of the rulings which must be provided in accordance with the law.
ARTICLE 8o. ALTERNATIVE MECHANISMS. 3 of Law 1285 of 2009. The new text is as follows: > The law will be able to establish alternative mechanisms for the judicial process to solve the conflicts that arise between the associates and will point out the cases in which there will be a fee collection for these services.
626 of Law 1564 of 2012 > Exceptionally the law may attribute jurisdictional functions to certain and certain administrative authorities so that they know of matters that by their nature or amount can be solved by those in a way adequate and effective. In such a case, the law shall indicate the powers, the guarantees due process and the other conditions necessary to protect the rights of the parties in an appropriate manner. Against final judgments or decisions which, in judicial matters, will be adopted by the administrative authorities exceptionally empowered to do so, will always be the subject of organs of the State Judicial Branch, in terms and conditions determined by law
Individuals may be temporarily invested in the role of administering justice in the condition of conciliators or in the position of arbitrators duly authorized by the parties to propose rulings in law or in equity.
Superior Council of the Judiciary, in coordination with the Ministry of the Interior and Justice, will carry out the monitoring and evaluation of the measures that will be adopted under this article, and every two years will report to the Congress of the Republic.
ARTICLE 9o. RESPECT FOR RIGHTS. It is the duty of judicial officials to respect, guarantee and ensure the safeguarding of the rights of those involved in the process.
ARTICLE 10. DECLARED INEXEQUABLE.
JUSTICE ADMINISTRATION GENERAL STRUCTURE
JUDICIAL BRANCH INTEGRATION AND COMPETENCE
ARTICLE 11. 4 of Law 1285 of 2009. The new text is as follows: > The Judicial Branch of Public Power is constituted by:
I. The bodies that make up the different jurisdictions:
a) From Ordinary Jurisdiction:
1. Supreme Court of Justice.
2. Superior Judicial District Courts.
3. Civil, labor, criminal, criminal, criminal, family, criminal, criminal, and multiple-jurisdiction, and other specialized and promiscuous laws that are created in accordance with the law;
b) From the Jurisdiction of Administrative Contentious:
1. State Council
2. Administrative Courts
3. Administrative Courts
c) < Literal CONDITIONAL Unconditional > Of Constitutional Jurisdiction:
1. Constitutional Court;
d) From the Peace Jurisdiction: Judges of Peace.
2. The Office of the Prosecutor General of the Nation.
3. The Superior Council of the Judicature.
PARAGRAFO 1o. The Supreme Court, the Constitutional Court, the Council of State and the Superior Council of the Judiciary, have jurisdiction throughout the national territory. The Superior Courts, Administrative Courts and Sectional Councils of the Judicature have jurisdiction in the relevant judicial or administrative district. The circuit judges have competence in the respective circuit and the municipal judges in the respective municipality; the judges of small causes at the municipal and local level.
The decongestion judges will have the territorial competence and specific material to be pointed out to them in the act of their creation.
PARAGRAFO 2o. The Attorney General of the Nation and its delegates have competence throughout the national territory.
PARAGRAFO 3o. In each municipality, at least one Court will operate whatever its category.
PARAGRAFO 4o. In cities, judicial offices can be organized in a deconcentrated manner.
OF THE EXERCISE OF THE JURISDICTIONAL FUNCTION BY THE AUTHORITIES
ARTICLE 12. THE EXERCISE OF THE JUDICIAL FUNCTION BY THE JUDICIAL BRANCH. 5 of Law 1285 of 2009. The new text is as follows: > The jurisdictional function is exercised as its own and habitual and permanently by the corporations and persons endowed with legal investiture to do so, as specified in the Political Constitution and in the present Statute Law.
This function is exercised by the constitutional jurisdiction, the Superior Council of the Judicature, the jurisdiction of the administrative disputes, the special jurisdictions such as: the military, the indigenous and the justice of peace, and the ordinary jurisdiction to know of all matters that are not attributed by the Constitution or the law to another jurisdiction. "
ARTICLE 13. THE EXERCISE OF THE JUDICIAL FUNCTION BY OTHER AUTHORITIES AND BY INDIVIDUALS. 6 of Law 1285 of 2009. The new text is as follows: > They exercise jurisdictional function in accordance with the provisions of the Political Constitution:
1. The Congress of the Republic, on the occasion of the accusations and disciplinary errors that are made against the President of the Republic or who does his times; against the Magistrates of the Supreme Court of Justice, of the Council of State, of the Court Constitutional and the Superior Council of the Judiciary and the Attorney General of the Nation, even if they have ceased to exercise their positions.
2. The administrative authorities in respect of disputes between individuals, in accordance with the rules on jurisdiction and procedure laid down in the laws. Such authorities shall in no case be able to carry out criminal investigations or prosecution;
3. Individuals acting as conciliators or arbitrators empowered by the parties, in terms of the law. In the case of arbitration, in which the state or any of its Entities is not a party, the individuals may agree to the rules of procedure to be followed, directly or by reference to that of a Arbitration Center, respecting, in any case, the Constitutional principles that integrate due process.
OF THE EFFECTS OF THE PROVIDENCES OF THE ECCLESIASTICAL AUTHORITIES
ARTICLE 14. DECLARED INEXEQUABLE.
OF CORPORATIONS AND LAW OFFICES
OF ORGANS OF ORDINARY JURISDICTION
1. OF THE SUPREME COURT OF JUSTICE
ARTICLE 15. INTEGRATION. The Supreme Court is the highest Court of Ordinary Jurisdiction and consists of twenty-three (23) magistrates, elected by the same corporation for individual periods of eight years, from lists exceeding five (5) candidates to meet the constitutional requirements, for each vacancy presented, submitted by the Administrative Board of the Superior Council of the Judiciary.
The President elected by the corporation will represent it and will have the functions that the law and the regulation will point out.
PARAGRAFO. The individual period of the Magistrates of the Supreme Court of Justice, elected prior to July 7, 1991, will begin to be counted from this last date.
PARAGRAFO 2o. 1 of Act 1781 of 2016. The new text is as follows: > Without prejudice to the provisions of this article, the Labour Chamber of the Supreme Court of Justice will have the Magistrates of de-congestion on a transitional basis and for a period which may not exceed the term of eight (8) years, counted from the date of possession.
ARTICLE 16. SALAS. 7 of Law 1285 of 2009. The new text is as follows: > The Supreme Court of Justice will fulfill its functions by means of five rooms, integrated as follows: La Sala Plena, by all the Magistrates of the Corporation; the Chamber of Government, made up of the President, the Vice President and the Presidents of each of the specialised chambers; the Civil and Agrarian Court of Cassation, consisting of seven Magistrates; the Labour Room, consisting of seven Magistrates and the Criminal Cassation Chamber, consisting of nine Magistrates.
The Chambers of Civil and Labor and Criminal Cassation, will act according to their specialty as the Court of Cassation, being able to select the sentences that are the object of their pronouncement, for the purposes of unification of the jurisprudence, protection of the constitutional rights and control of the legality of the rulings. They shall also be aware of conflicts of jurisdiction which, in the field of their specialties, are between the Chambers of the same court, or between courts, or between courts of another district, or between courts of different districts.
PARAGRAFO. 2 of Act 1781 of 2016. The new text is as follows: > The Supreme Court of Justice's Labor Court will have four decongestion rooms, each one consisting of three de-congestion Magistrates, who will act on a transitional basis and will have as their sole purpose to process and decide on appeals to be determined by the Chamber of Labor of this Court. The Discongestion Magistrates will not be part of the Plena Room, will not process tutfabrics, or review resources, they will not know of the appeals in special processes of qualification of suspension or collective work stoppage, nor of the conflicts of competence, which in the field of its specialty is raised, and will not have administrative functions. The Rules of Procedure of the Supreme Court of Justice of the Supreme Court of Justice will determine the conditions for the distribution of the processes.
The decongestion rooms will act independently of the Supreme Court's Labor Room, but when the majority of those members consider it appropriate to change the case law on a given matter or create a new one, return the case to the Labor Court Room for it to decide.
The election and the requirements to access the post of Magistrate of the Labor Discongestion Rooms will be those provided for in the Constitution and the Law for the Magistrates of the Supreme Court of Justice. The Administrative Board of the Superior Council of the Judiciary, or who does its own times, shall determine the structure and plant of the staff of the Boards.
ARTICLE 17. OF THE FULL-ROOM. The Full Room will perform the following functions:
1. 2 of Law 585 of 2000. The new text is as follows: > Choose the Magistrates, from the High Courts of Judicial District in accordance with the rules on judicial career.
Also, to elect the Secretary General and to appoint the other employees of the Corporation, with the exception of the Chambers and Offices, which will be designated by each of them or by the respective Magistrates.
2. Resolve the administrative and jurisdictional matters that correspond to the Corporation.
3. To resolve conflicts of jurisdiction in the Ordinary Jurisdiction, which do not correspond to any of its Chambers or to another judicial authority.
4. Give yourself your own rules.
5. 2 of Law 585 of 2000. The new text is as follows: > To make, prior to the study in each Room of Cassation, the evaluation of the qualitative factor of the qualification of the services of the Magistrates of the Superior Courts of Judicial District, which will serve as a basis for the comprehensive rating.
7. The others who prescribe the Constitution, the law or the regulation.
TRANSIENT PARAGRAPH. While the National Court subsidizes its status as a court of instance of regional judges, it is up to the Full Court of the Supreme Court to elect its Magistrates.
ARTICLE 18. CONFLICTS OF JURISDICTION. The conflicts of jurisdiction that arise between authorities of the ordinary jurisdiction that have different jurisdiction and which belong to different districts, will be resolved by the Supreme Court of Justice in the respective Room of Cassation that according to the law has the character of superior functional of the authorities in conflict, and in any other event by the Plena Room of the Corporation.
Conflicts of the same nature that arise between authorities of the same or different category and belonging to the same District, shall be resolved by the same High Court through the integrated chambers of the Joint Chambers. the internal rules of the Corporation.
2. OF THE SUPERIOR COURTS OF THE JUDICIAL DISTRICT.
ARTICLE 19. JURISDICTION. The Superior Courts are created by the Administrative Board of the Superior Council of the Judiciary for the performance of the functions to be determined by the procedural law in each judicial district. They have the number of Magistrates to be determined by the Administrative Board of the High Council of the Judiciary which, in any case, shall not be less than three.
The Superior Courts will perform their duties through the Plena Chamber, made up of all the Magistrates, the Government Chamber, the Specialized Chambers and the other plural and peer-reviewed chambers, according to the law.
TRANSIENT PARAGRAPH 1o. While the odd Decision Rooms are integrated in those places where dual rooms exist, they will continue to fulfill the functions they are developing.
TRANSIENT PARAGRAPH 2o. The Superior Courts of Judicial District created prior to this Law, will continue to fulfill the functions provided for in the legal order.
ARTICLE 20. FROM THE FULL ROOM. It is for the Full Court of the Superior Courts of the Judicial District, to exercise the following administrative functions:
1. 3 of Law 585 of 2000. The new text is as follows: > To elect the Judges of the corresponding Judicial District, from lists drawn up by the Administrative Board of the respective Sectional Council of the Judiciary, in the appropriate quality, according to the regime of the race judicial.
2. To elect the President and the Vice President of the Corporation, and the employees that correspond to it in accordance with the law or regulation.
3. DECLARED INEXEQUIBLE.
4. 3 of Law 585 of 2000. The new text is as follows: > Make the assessment of the qualitative factor of the services rating of the judges of the respective Judicial District, which will serve as a basis for the comprehensive qualification.
5. The others that attribute the law or the regulation issued by the Administrative Board of the Superior Council of the Judicature.
3. OF THE COURTS
ARTICLE 21. INTEGRATION. The basic cell of the judicial organization is the court, whatever its category and specialty, and it will be integrated by the presiding judge, the secretary, the assistants that the specialty demande and by the qualified auxiliary staff that determine the Superior Council of the Judicature.
ARTICULO 22. COURTS REGIME. 8 of Law 1285 of 2009. The new text is as follows: > The Civil, Criminal, Family, Labor, Enforcement of Penas, and Small Causes that in accordance with the needs of the administration of justice determine the Administrative Board of the Council Superior of the Judicature, for the fulfillment of the functions that the procedural law provides in each circuit or municipality, they integrate the Ordinary Jurisdiction. Its characteristics, denomination and number shall be those established by such Corporations.
When the number of cases so warrants, the courts may be promiscuous for the knowledge of civil, criminal, labor, or family processes.
According to the needs of each city and each municipality there will be municipal judges of small causes and multiple jurisdiction over matters of Ordinary Jurisdiction, legally defined as minor conflicts. The location of their headquarters will be decentralized in those sectors of cities and municipalities where this is justified by the demand for justice. Their performance will be oral, summary and possible for a single hearing.
The Superior Council of the Judicature will have what is necessary to make it from the 1st. of January 2008, at least a fifth of the courts operating in the cities of more than one million inhabitants are located and begin to operate in locations distributed geographically in the different localities or communes of the respective city.
From 1o. In January 2009, forty per cent (40%) of the courts operating in the cities of more than one (1) million inhabitants and thirty per cent (30%) of the courts operating in cities of more than two hundred thousand inhabitants (200,000) must operate in locations geographically distributed among the different localities or communes of the respective city.
The Superior Council of the Judiciary will ensure that this distribution is made to all localities and communes, but it will be able to make a distribution that corresponds to three localities or communes adjoining.
OF THE INVESTIGATION AND PROSECUTION OF THE CRIMES OF THE NATION ' S ATTORNEY GENERAL.
ARTICLE 23. BASIC FUNCTION. Corresponds to the Office of the Prosecutor General of the Nation, on its own initiative, by means of a complaint or complaint, at the request of the Attorney General of the Nation, the Ombudsman or by a report of a public official, to investigate the crimes, to declare precluding the investigations carried out, qualifying by prosecution or precluding and supporting the prosecution of the alleged offenders before the courts and tribunals competent, except for the crimes committed by members of the public force in active service and in the same service.
The functions provided for in the second paragraph of Article 251 of the Political Constitution may be delegated to the National and Sectional Directors of the Office of the Prosecutor General.
PARAGRAFO. The Office of the Prosecutor General is obliged to investigate both the favorable and the unfavorable to the defendant and to respect his rights and procedural guarantees. Accordingly, it shall not refuse to answer its pleadings and requests or to decree any evidence it requests for its defence, except in the cases provided for in the law.
ARTICLE 24. DECLARED INEXEQUABLE.
ARTICLE 25. DECLARED INEXEQUABLE.
ARTICLE 26. PRINCIPLES. The Office of the Prosecutor General of the Nation will exercise the investigative and prosecution functions outlined in the Political Constitution and in the rules with force of law. In the performance of the judicial functions provided for therein, the principles of the administration of justice in the Political Constitution, the international treaties in force ratified by Colombia, are applicable to the Office of the Prosecutor General. this statutory law and the other rules with force of law.
ARTICLE 27. DOUBLE INSTANCE. The double instance is guaranteed in the jurisdictional actions that the Office of the Prosecutor General of the Nation will carry out. In such a virtue, against the interlocutory providences that the chief prosecutor who directs the investigation proffers the appeals and in fact.
When pending the processing and resolution of a replacement or an appeal, the Attorney General of the Nation will not be able to directly assume the investigation while the appeal is resolved, without prejudice to the possibility that another prosecutor may appoint the first instance to continue the investigation.
PARAGRAFO. The judicial officers of the Office of the Prosecutor's Office, which are exclusively responsible for dealing with appeals, will be able to perform their duties at the latest within two years of the law.
ARTICLE 28. ADMINISTRATIVE AND BUDGETARY AUTONOMY. The Attorney General's Office is part of the Judicial Branch and has administrative and budgetary autonomy, without prejudice to the fiscal control exercised by the Comptroller General of the Nation.
ARTICLE 29. CHOICE. The Attorney General of the Nation will be elected for a four-year term by the Supreme Court of Justice of the Republic sent by the President of the Republic and will not be reelected.
The Attorney General must have the same qualities required to be a Magistrate of the Supreme Court of Justice.
Likewise, the Attorney General of the Nation, Deputy Prosecutor, and the National Directors of the Prosecutor General's Office will not be able to be elected in any position of popular choice or as members of public corporations within the twelve (12) months following the day of the election. cessation of their duties.
ARTICLE 30. ADMINISTRATIVE STRUCTURE OF THE NATION ' S ATTORNEY GENERAL. It is up to the law to determine the structure and functioning of the Office of the Prosecutor General of the Nation. The Attorney General will develop this structure in accordance with the general principles and rules that define the law. In the development of such a faculty, it will assign the personnel plant corresponding to each dependency, it may vary it when it considers it necessary and will establish the manual of requirements and functions of each one of the jobs.
In exercise of these powers, the Attorney General will not be able to create, under the Treasury, obligations that exceed the overall amount set for the respective service in the initial appropriations law.
ARTICLE 31. NATIONAL INSTITUTE OF LEGAL MEDICINE AND FORENSIC SCIENCES. Adscrito to the Office of the Prosecutor General of the Nation operates the National Institute of Legal Medicine and Forensic Sciences, as an entity governed by public law, with legal status, with administrative and patrimonial autonomy and organized with the character of public establishment of a national order. The institute is in charge of providing aid and technical and scientific support to the administration of justice throughout the national territory regarding legal medicine and forensic sciences, to organize and direct the Single System of Medicine Legal and Forensic Sciences and control its functioning and to fulfil the other functions assigned to it by law.
ARTICLE 32. DECLARED INEXEQUABLE.
ARTICLE 33. DIRECTORATE, COORDINATION AND CONTROL OF JUDICIAL POLICE FUNCTIONS. The Attorney General of the Nation or his delegates are responsible for directing, coordinating and controlling the judicial police functions that the Police are in permanent compliance with. National, other bodies provided for in the law and the other public entities to which the Attorney General has temporarily assigned them such functions, all of which he shall exercise in accordance with the law, in a permanent, special or directly or through the bodies designated by the latter.
The failure to comply with the orders, guidelines, guidelines and terms provided by the Office of the Prosecutor for the performance of the judicial police functions is a cause of misconduct, without prejudice to the responsibility of the Prosecutor General. administrative, criminal and civil of the infringer.
The Attorney General of the Nation, under his responsibility, will immediately separate the judicial police functions from the public servant that omits the fulfillment of such orders, guidelines, guidelines and terms. If such a server is not an official or employee of the Prosecutor's Office, the Prosecutor who directs the investigation will make it available to his or her nominator who will initiate the corresponding disciplinary process, without prejudice to the other investigations to which the place.
PARAGRAFO. The structure and functions of the Judicial Police of the Attorney General's Office are excepted from the provisions of this article, in accordance with the provisions of article 277 of the Political Constitution.
OF THE ORGANS OF THE JURISDICTION OF ADMINISTRATIVE LITIGATION
1. FROM THE STATE COUNCIL
ARTICLE 34. INTEGRATION AND COMPOSITION. 9 of Law 1285 of 2009. The new text is as follows: > The Council of State is the highest Tribunal of the Jurisdiction of the Administrative Contentious and will be composed of thirty-one (31) magistrates, elected by the same Corporation for the individual periods that determines the Political Constitution, from lists exceeding five (5) candidates, that meet the constitutional requirements, for each vacancy that is presented, submitted by the Administrative Board of the Superior Council of the Judiciary.
The State Council exercises its functions by means of three (3) chambers, integrated as follows: the Plena, by all its members; that of the Administrative Contentious, by twenty-seven (27) councilors and that of Consultation and Civil Service, by the four (4) remaining counselors.
ARTICLE 35. POWERS OF THE FULL CHAMBER. The Full Chamber of the State Council shall have the following administrative powers:
1. Choose the Directors to provide the new positions that are created, fill the vacancies in accordance with the Constitution and the law.
2. To elect the Secretary General, and other employees of the Corporation with the exception of those of the Chambers, Sections and Offices, which will be designated by each of those or by the respective Directors.
3. 14 of Legislative Act 1 of 2003, amending Article 264 of the Political Constitution. >
4. To provide the temporary faults of the Comptroller General of the Republic.
5. To distribute, by agreement, the functions of the Administrative Board of the Administrative Contentious that do not have to be exercised in full, among the Sections that constitute it, based on a criterion of specialization and volume of work.
6. To integrate the commissions to be designated, in accordance with the law or regulation.
7. To make the assessment of the qualitative factor of the classification of services of the Magistrates of the Administrative Courts, which will serve as a basis for the integral qualification.
8. Give yourself your own rules.
9. To elect, from the Supreme Court of Justice, for periods of two years, to the Auditor before the Comptroller General of the Republic or to whom he must replace him in his temporary or absolute faults, without in any case being able to reelect him; and,
10. Exercise the other functions prescribed by the Constitution, the law and the regulation.
ARTICLE 36. FROM THE ADMINISTRATIVE LITIGATION ROOM. 10 of Law 1285 of 2009. The new text is as follows: > The Administrative Contentious Room will be divided into five (5) Sections, each of which will exercise separately the functions that according to its specialty and quantity of work assign the Full Room of the State Council, in accordance with the Corporation's law and rules of procedure and shall be integrated as follows:
Section First, by four (4) magistrates.
Section II will be divided into two (2) Subsections, each of which will be composed of three (3) Magistrates.
Section Three will be divided into three (3) Subsections, each of which will be composed of three (3) magistrates.
Section Fourth, by four (4) magistrates, and
Section Fifth, by four (4) magistrates.
Without prejudice to the specific powers conferred by the law, the regulations of the Corporation shall determine and assign matters and matters whose knowledge corresponds to each Section and to the respective Subsections.
In any case, the action of the loss of investiture of congressmen will be of competence of the full room of the administrative litigation.
TRANSIENT PARAGRAPH. The new dispatches that are created by this law for the integration of the Third Section of the Administrative Contentious Room, will have the same organization and structure that currently has the dispatches already in place in that Section.
ARTICLE 36A. OF THE EVENTUAL REVIEW MECHANISM IN THE POPULAR AND GROUP ACTIONS AND THE REGULATION OF EXTRAORDINARY RESOURCES. 11 of Law 1285 of 2009. The new text is as follows: > In its condition of the Supreme Court of the Administrative Contentious, at the request of a party or of the Public Ministry, the Council of State, through its Sections, in the matters that correspond to the actions popular or group may select, for possible review, the judgments or other providences that determine the completion or the file of the respective process, offered by the Administrative Courts, in order to unify the case-law.
The request for a part or from the Public Ministry must be made within eight (8) days of the notification of the judgment or providence with which the respective process is terminated; the Administrative Courts, within the term of eight (8) days, which are counted from the date of the request, they shall forward, to the corresponding Chamber, Section or Subsection of the Council of State, the file within which the respective statement or the order that has or generates the termination of the process, so that within the the maximum term of three (3) months, starting from your receipt, the maximum Corporation of the Administrative Contentious resolve on the selection, or not, of each such providences for its eventual review. When deciding on the non-choice of a given providence, either party or the Public Ministry may insist on their selection for eventual review, within five (5) days of the notification of that.
PARAGRAFO 1o. The law may provide that the eventual review referred to in this Article shall also apply in relation to processes originating in the exercise of other actions whose knowledge corresponds to the jurisdiction of the administrative disputes. In such cases the law will regulate all aspects related to the origin and processing of the eventual review, such as the determination of the deadlines within which the parties or the Public Ministry may raise their respective requests; the insistence that may be submitted with respect to the refusal of the selection; the effects to be generated by the selection; the possibility that the eventual review may be present with other ordinary or extraordinary resources.
PARAGRAFO 2o. The law will regulate all matters related to the origin and processing of the resources, ordinary or extraordinary, that may be brought against the decisions that in each case are adopt in the processes that they heal before the jurisdiction of the administrative disputes.
ARTICLE 37. FROM THE FULL ROOM OF ADMINISTRATIVE LITIGATION.
The Full Room of Administrative Contentious will have the following special functions:
1. 12 of Law 1285 of 2009. The new text is as follows: > Resolve the competition conflicts between the State Council Sections.
2. To know of all the administrative litigation processes whose judgment is attributed the law to the State Council and that specifically have not been assigned to the Sections.
3. To draw up every two years lists of aids of justice.
4. To solve the extraordinary resources of your competence.
5. To resolve the issues referred to it by the sections, due to their legal importance or social importance, if, for the purpose of estimating the motive, it resolves to assume competence;
6. Know about the processes that the sections refer to to change or reform the jurisprudence of the Corporation.
7. To know about the cases of the loss of investiture of the Congressmen, in accordance with the Constitution and the law. The sentences that order the loss of the investiture must be approved by the members of the Plena Chamber and by the causals established in the Constitution.
8. Know of the Resources against the sentences handed down by the Electoral Affairs Section, in cases where the law is determined.
9. To know of the actions of nullity by unconstitutionality of the decrees issued by the National Government, whose jurisdiction does not correspond to the Constitutional Court; and
Exercise the other functions prescribed by the Constitution and the law.
PARAGRAFO. 12 of Law 1285 of 2009. The new text is as follows: > The conflicts of jurisdiction between the Administrative Courts, between Sections of different Administrative Courts, between the Courts and Judges of the Jurisdiction-Administrative Jurisdiction belonging to different administrative judicial districts and between Administrative Judges of different administrative judicial districts, will be resolved by the respective Sections or Subsections of the State Council, according to their specialty. Conflicts between administrative courts of the same circuit or between sections of the same Administrative Tribunal shall be decided by the corresponding full Court.
ARTICLE 38. OF THE CIVIL SERVICE AND CONSULTATION ROOM. The Civil Service and Consultation Room shall have the following privileges:
1. Absolve the general or private legal consultations, which the National Government may formulate.
2. Prepare the bills and codes assigned to you by the National Government. The project will be submitted to the Government through the Minister or Director of the corresponding Administrative Department, for presentation to the consideration of the Congress.
3. Review the contracts and conceptualize the legal issues related to the Civil Service, in the cases provided for by law.
4. To conceptualize the contracts to be held with Colombian private companies, chosen by public merit contest, in the special cases authorized by the law, to carry out the fiscal control of the national administrative management.
5. Verify, in accordance with the Electoral Code, whether or not each candidate for the Presidency of the Republic meets the constitutional requirements and issue the corresponding certification.
6. Exercise the other functions prescribed by the Constitution and the law.
ARTICLE 39. CONFORMATION OF A QUORUM IN THE FULL ROOM OF THE ADMINISTRATIVE LITIGATION IN SPECIAL CASES. Of the providences given by the Sections of the State Council, when there is a place according to the law, will know the Full Room of the Administrative dispute, with the exception of the members of the Section who proposed the decision, without prejudice to the fact that they may be called upon to explain them.
2. OF THE ADMINISTRATIVE COURTS.
ARTICLE 40. JURISDICTION. The Administrative Courts are created by the Administrative Board of the Superior Council of the Judiciary for the performance of the functions to be determined by the procedural law in each administrative judicial district. They have the number of Magistrates to be determined by the Administrative Board of the Superior Council of the Judiciary, which, in any case, will not be less than three.
The Administrative Courts will perform their duties through the Plena Chamber, made up of all the Magistrates; by the Government Chamber, by the specialized Chambers and by the other plural and odd decision-making rooms, according to the with the law.
TRANSIENT PARAGRAPH 1o. While the odd decision rooms are integrated in those places where dual rooms exist, they will continue to fulfill the functions they are developing.
TRANSIENT PARAGRAPH 2o. Administrative Courts created prior to this law shall continue to perform the functions provided for in the legal order.
