Whereby Article 87 Of The Constitution Develops

Original Language Title: Por la cual se desarrolla el artículo 87 de la Constitución Política

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393 OF 1997

(July 29)

Official Journal No. 43.096 of July 30, 1997

For which article 87 of the Political Constitution is developed.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. OBJECT. Every person may come before the judicial authority defined in this Law to make effective the enforcement of rules applicable with material force of Law or Administrative Acts.

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ARTICLE 2o. PRINCIPLES. The demand for the implementation of the Compliance Action will be developed in an informal way and according to the principles of advertising, prevalence of the substantial right, economy, speed, efficiency and gratuitousness.

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ARTICLE 3o. COMPETITION. Of the actions directed to the enforcement of norms with material force of Law or Administrative Act, the Administrative Judges with competence in the domicile of the action will be known in the first instance. In the second instance, the Administrative Court of Administrative Court of Administrative Court will have jurisdiction.

PARAGRAFO. The Compliance Actions known to the State Council shall be resolved by the section or subsection of the Administrative Board of the Administrative Board of which the Counselor is to be held by the distribution. It will be processed through the appropriate Secretariat. The distribution will be carried out by the President of the Corporation, among all the Magistrates who make up the Administrative Board of the Administrative Contentious, in an egalitarian way.

TRANSIENT PARAGRAPH. While the Administrative Judges enter into operation, the competition in the first instance will be settled in the Administrative Disputes and the second in the Council of State style="text-decoration: line-through; ">dealing with actions directed to compliance with an Administrative Act.

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ARTICLE 4. ACTION HOLDERS. Any person may exercise the Compliance Action against rules with material force Administrative Acts or Acts.

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You may also exercise the Law Enforcement Action with the material force of Law or Administrative Acts:

a) Public Servants; in particular: the Attorney General of the Nation, the Attorney General, Regional and Provincial Attorneys, the Ombudsman and his delegates, the Municipal Persons, the Comptroller General of the Republic, the Departmental, District and Municipal Controller.

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b) Social Organizations.

c) Non-governmental Organizations.

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ARTICLE 5o. PUBLIC AUTHORITY AGAINST WHOM. The Compliance Action will be directed against the administrative authority to which compliance with the rule with material force of Law or Administrative Act.

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If against whom the action is directed is not the obligated authority, the latter must inform the Judge who is in charge of the Action, indicating the authority to whom the action corresponds. In case of doubt, the process shall also continue with the authorities in respect of which the Action is exercised until its termination. In any event, the compliance judge must notify the authority that, in accordance with the legal order, has jurisdiction to comply with the omitted duty.

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ARTICLE 6o. ENFORCEMENT ACTION AGAINST INDIVIDUALS. The Compliance Action shall proceed against actions or omissions of individuals that involve the failure to comply with a standard material force Administrative act, where the individual acts or is required to act in the exercise of public functions, but only for the fulfilment of those functions.

In the event referred to in this article, the Compliance Action may be directed against the individual or against the competent authority to impose such compliance on the particular.

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ARTICLE 7o. EXPIRATION. As a general rule, the Compliance Action may be exercised at any time and the judgment terminating the proceedings shall be subject to judgment, where the duty omitted is from those in which the authority of the authority renumente is exhausted with the execution of the first act. But if the duty omitted is from those whose fulfillment can be demanded simultaneously before various authorities or at different times in time, it can be retried without limitation. However, it will be inappropriate for the same facts which have already been decided and in the area of competence of the same authority.

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ARTICLE 8o. PROCEDURE. The Compliance Action will proceed against any action or omission of the authority that fails to comply with or execute acts or facts that allow to deduce imminent non-compliance with rules with force Administrative ActsActs. It shall also proceed against actions or omissions of individuals, in accordance with the provisions of this Law.

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For the purpose of constituting the reluctance, the provenance of the action shall require that the shareholder has previously claimed compliance with the legal or administrative duty and the authority has been ratified in its non-compliance or otherwise. within ten (10) days following the submission of the application. Exceptionally, this requirement may be waived, where compliance with the right is in danger of suffering an irremediable injury for the action in which it will have to be sustained in the demand.

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It will also proceed to the enforcement of rules with the force of Law and Administrative Acts, which will not exclude the exercise of popular action for the reparation of the law.

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ARTICLE 9o. IMPROPRIBILITY. The Compliance Action will not proceed for the protection of rights that can be guaranteed by the Action of Tutela. In these events, the Judge will give the application the process corresponding to the right of Tutela.

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Neither shall proceed when the affected person has or has had another judicial instrument to achieve the effective compliance with the standard or Administrative Act, except that if the Judge does not proceed, serious and imminent damage to the action shall be followed.

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PARAGRAFO. The Action regulated in this Law may not pursue compliance with rules that establish expenses.

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ARTICLE 10. CONTENT OF THE REQUEST. The request must contain:

1. The name, identification and place of residence of the person who establishes the action.

2. The determination of the standard with material force of Law or Administrative Act. If the Action falls on Administrative Act, a copy of the Administrative Act must be attached. In the case of a verbal administrative act, it must be annexed evidence of its existence.

3. A narrative of the facts of the breach.

4. Determination of the authority or particular non-compliance.

5. Proof of the reluctance, except as provided for in the exception of the second paragraph of Article 8 of this Law, and which shall consist of the demonstration of having directly asked the respective authority for its compliance.

6. Request for evidence and enunciations of which they intend to assert.

7. The manifestation, which is understood to be presented under the oath, of not having filed another application with respect to the same facts or rights before any other authority.

PARAGRAFO. The application may also be submitted in a verbal form when the applicant does not know how to read or write, be of a minor age or is in an extremely urgent situation.

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ARTICLE 11. PREFERENTIAL PROCESSING. The fulfillment of the Compliance Action will be in charge of the Judge, in strict time, and will be substantiated with precedence, for which it will postpone any matter of a different nature, except the Action of Tutela.

When in the locality where the Action of Compliance is presented, several judicial offices of the same hierarchy and specialty of the one before which it was exercised, the same one will be submitted to the same day and to the greater brevity. Once the delivery of the application for compliance has been made, the competent official shall be immediately referred to it.

The terms are peremptory and unextendable.

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ARTICLE 12. CORRECTION OF THE APPLICATION. Within three (3) days following the filing of the claim the Compliance Judge will decide on his admission or rejection. If the application does not comply with any of the requirements set out in Article 10, the applicant shall be prevented from correcting it within two (2) days. If you do not do so within this term, the application will be rejected. If it does not provide proof of compliance with the procedural requirement referred to in Article 8 (2), except in the case of the derogation provided for therein, the rejection shall be made out of hand.

If the request is verbal, the Judge will correct it in the act with the additional information provided by the applicant.

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ARTICLE 13. CONTENT OF THE AUTO ADMISORIO. Within three (3) days following your submission, the Judge shall decide upon his admission. If admitted, the Judge will order his personal notification to the defendant and the delivery of a copy of the claim and its annexes within three (3) days following admission. If it is not possible, the Judge may use telegraphic communication or any other means guaranteeing the right of defence.

The order will also inform that the decision will be made within twenty (20) days following the admission of the application for compliance and that it has the right to be a party to the process and to make or request its practice, within the three (3) days following the notification.

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ARTICLE 14. NOTIFICATIONS. The providences shall be notified by state which shall be fixed on the following day of profferides and shall be communicated by telegraph, except as prescribed in Articles 13 and 22.

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ARTICLE 15. IMMEDIATE COMPLIANCE. In the development of the Constitutional principle of the prevalence of the substantial right to the proceedings, the Judge who knows the application may order the compliance of the omitted duty, without any formal consideration, provided that the judgment is founded on a means of proof of which a serious or imminent violation of a right by the breach of the duty contained in the Law or Administrative Act can be deduced, except that in the term of The defendant has made use of his right to ask for evidence.

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ARTICLE 16. RESOURCES. The providences that are given in the Compliance Action procedure, with the exception of the statement, will lack any resources, except for the car that denies the test practice, which supports the reorder to be filed on the day following the notification by the state and resolved no later than the following day.

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ARTICLE 17. REPORTS. The Judge may require reports from the individual or the public authority against whom the application has been made and in the case of administrative proceedings to request the file or the documentation where the background of the case is found. The unjustified omission in the sending of such evidence to the Judge will entail disciplinary responsibility.

The deadline for reporting will be one (1) to five (5) days, and will be set as the nature of the matter, the distance and the speed of the media.

Reports are considered to be rendered under oath severity.

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ARTICLE 18. SUSPENSION OF THE PROCEDURE. The procedure of the Action of Compliance whose purpose is to make an Administrative Act effective, will be suspended until no definitive decision is made, in the event in which in a process of nullity in progress decreed the provisional suspension of the act in breach.

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ARTICLE 19. EARLY TERMINATION. If the Compliance Action is ongoing, the person against whom the Action has been directed shall develop the conduct required by the Law or the Administrative Act, the proceedings of the action shall be terminated (a) order in which such a circumstance is to be declared and be ordered to pay the costs, without prejudice to Article 24 of the Law.

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ARTICLE 20. EXCEPTION OF UNCONSTITUTIONALITY. Where non-compliance with the rule with force of Law or Administrative Act is coming from the exercise of the exception of unconstitutionality, the compliance judge must resolve the matter in the sentence. This is without prejudice to the fact that the Judge applies it officiously.

PARAGRAFO. The non-compliance may not invoke the exception of unconstitutionality on rules that have been the subject of exequibility analysis by the State Council or the Constitutional Court, as the case may be.

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ARTICLE 21. CONTENT OF THE FALSE. Concluded the evidentiary stage, if any, the Judge shall rule, the one to contain:

1. The identification of the applicant.

2. The determination of the default obligation.

3. The identification of the authority from which the non-compliance comes.

4. The order to the authority is reluctant to fulfill the omitted duty.

5. Deadline for compliance with the resolution, which may not exceed ten (10) working days, counted from the date on which the judgment is executed. In the event that a major term is necessary, the Judge will define it after supporting the action of the sentence.

6. Order the relevant control authority to advance the investigation of the case for the purposes of criminal or disciplinary responsibilities, when the conduct of the breach so requires.

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7. If there is a place, the court shall pay the costs.

In the event that the actor's claims are not successful, the ruling will deny the petition, warning that no new action can be established for the same purpose, in the terms of Article 7 of this Law.

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ARTICLE 22. Notice. The judgment shall be notified to the parties in the manner indicated in the Code of Civil Procedure for the providences to be notified in person.

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ARTICLE 23. SCOPE OF THE JUDGMENT. Compliance with the ruling will not prevent the enforcement action from being carried out, if the actions or omissions in which it incurred generates liability.

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ARTICLE 24. COMPENSATION FOR DAMAGES. The Compliance Action will not have any indemnification purposes. Where the failure to comply with the Law or Administrative Acts is detrimental, the affected persons may apply for compensation through the relevant judicial actions.

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The exercise of the action in this Law will not in any way revive the terms for bringing damages actions.

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ARTICLE 25. Failure to comply with the failure. On firm the decision ordering the compliance of the omitted duty, the reluctant authority must comply with it without delay.

If you do not do so within the time limit defined in the judgment, the Judge will be directed to the superior of the person responsible and will require him to enforce it and open the corresponding disciplinary procedure against him. Past five (5) days shall order to open proceedings against the superior who has not proceeded in accordance with the order and shall directly adopt all measures for the compliance of the same. The Judge may punish the person responsible and the superior for contempt until they comply with his sentence. The foregoing in accordance with the provisions of Article 30 of this Law.

In any case, the Judge shall establish the other effects of the judgment for the specific case and maintain the jurisdiction until the failure to comply.

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ARTICLE 26. CHALLENGE OF FAILURE. Within three (3) days of its notification, the judgment may be challenged by the applicant, by the reluctant authority or by the representative of the entity to which it belongs and by the Ombudsman. Village.

The challenge will be granted in the suspensory effect, unless the failure to comply with the judgment will result in irremediable damage to the complainant.

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ARTICLE 27. PROCEDURE OF IMPEACHMENT. Due to the impeachment, the Judge shall forward the file to the next day at the latest.

The judge who knows about the challenge will study the content of the challenge, collating it with the probative approach and with the ruling. You will be able to request reports and order the practice of ex officio testing. In any event, the decision shall be made within ten (10) days of receipt of the file. If the ruling is unfounded, you will revoke it immediately; if you find it right, you will confirm it.

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ARTICLE 28. RECKLESS ACTION. When without justification, the same Compliance Action is filed by the same person or their representative to several Judges, all of them will be rejected or denied if they have been admitted.

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The lawyer who will promote the presentation of several Compliance Actions with respect to the same facts and rules will be sanctioned by the competent authority with the suspension of the professional card at least two (2) years. In the event of recidivism, the suspension shall be for five (5) years, without prejudice to the disciplinary or criminal penalties to be imposed.

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ARTICLE 29. CONTEMPT. The one who fails to comply with a court order based on this Law, will be in contempt of court in accordance with the current rules, without prejudice to the disciplinary or criminal sanctions that may have taken place.

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The sanction will be imposed by the same Judge through incidental processing; of not being appealed will be consulted with the hierarchical superior who will decide within the next three (3) days whether or not to revoke the sanction. The appeal or query will be made in the suspensory effect.

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ARTICLE 30. REFERRAL. In the aspects not covered by this Law, the Administrative Code will be followed in what is compatible with the nature of the Compliance Actions.

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ARTICLE 31. MONITORING. The Directorate-General for Legal Policies and Legislative Development of the Ministry of Justice and Law will monitor the effects produced by the application of this Law, and will report on the effects of the the same before the Presidencies of the Senate and the House of Representatives within the eighteen (18) months after its term. Likewise, it is up to the Ministry of Justice and the Law to undertake within three (3) months of its promulgation, a campaign of public dissemination and pedagogy.

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ARTICLE 32. VALIDITY. This Law governs from the date of its publication in the Official Journal and repeals Articles 77 to 82 of Law 99 of 1993 and all that are contrary.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., on July 29, 1997.

ERNESTO SAMPER PIZANO

The Minister of the Interior,

CARLOS HOLMES TRUJILLO GARCIA

The Minister of Justice and Law,

ALMABEATRIZ RENGIFO LOPEZ

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