ACT 393 OF 1997
Official Gazette No. 43096 of July 30, 1997
Whereby Article 87 of the Constitution is developed. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. OBJECT. Any person may appear before the judicial authority as defined in this Act to enforce compliance with applicable material force of law or administrative acts.
Effect Jurisprudence Article 2.
. BEGINNING. Filed, the procedure of the Compliance Action will take place informally and in accordance with the principles of publicity, prevalence of substantive law, economy, speed, efficiency and free with.
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ARTICLE 3o. COMPETITION. Of actions aimed at compliance with material force of Law or Administrative Act, known as first instance administrative judges with jurisdiction over the domicile of the plaintiff. On appeal the Administrative Court of the Department to which belongs the Administrative Court shall have jurisdiction.
PARAGRAFO. Compliance Shares who knows the State Council shall be resolved by section or subsection of the Chamber of Administrative which make part the Director to whom it may concern in distribution. His procedure is done through the corresponding Secretariat. The distribution will be made by the President of the Corporation, among all the judges who make up the Chamber for Contentious Administrative equally.
PARAGRAFO TRANSIENT. Pending the coming into operation Administrative Judges, competition in the first instance shall be filed in the administrative courts and the second in the State Council for actions aimed at complying with an administrative act.
Effect Jurisprudence ARTICLE 4.
. HOLDERS OF THE ACTION. Any person may exercise the Compliance Action against material standards the force of law or administrative acts.
May also exercise Action Compliance with material force of Law or Administrative Acts:
a) The Public Servants; in particular: the Attorney General's Office, the Attorneys Delegates, Regional and Provincial, the Ombudsman and his deputies, municipal representatives, the General Comptroller of the Republic, departmental, district and municipal comptrollers.
B) social organizations.
C) Non-governmental organizations.
The 5th ARTICLE. AGAINST PUBLIC AUTHORITY HEADS WHO. Compliance Action will be directed against the administrative authority to the appropriate compliance with the standard material force of law or administrative act.
If against whom the action is directed is not the required authority, it must inform the judge who handles the action, indicating the authority who is responsible for compliance. In case of doubt, the process will also continue with the authorities on which the action is brought to completion. In any case, the judge shall notify the enforcement authority under the law, has jurisdiction to comply with the duty omitted.
. Enforcement action against individuals. Compliance Action will proceed against individual acts or omissions involving the breach of the standard material force of law or administrative act, when the individual acts or should act in the exercise of public functions, but only to fulfill them.
In the event referred to in this article, the Compliance Action will be directed against the individual or against the authority competent to impose such compliance in particular. Effective Jurisprudence
Article 7. EXPIRATION. As a rule, the Action Compliance may be exercised at any time and the decision to end the process will res judicata, when duty omitted regardless of those in which the power of the reluctant authority expires with the implementation of the first act. But if it were omitted the duty of those whose fulfillment can be demanded simultaneously with several authorities or on different occasions over time, you can again be attempted without limitation. However it is inadmissible for the same facts which have already been determined and the competence of the same authority.
. ADMISSIBILITY. Compliance Action will proceed against any action or omission of the authority fails to fulfill or perform acts or facts to infer imminent breach of rules with the force of law or administrative acts. He also proceed against actions or omissions of individuals, in accordance with the provisions of this Act.
In order to form the reluctance, the origin of the action require the plaintiff has previously claimed compliance with the legal or administrative duty and authority has been ratified in its default or not answered within ten (10) days following the submission of the application. Exceptionally may be waived this requirement when fully fulfill it creates an imminent risk of irreparable harm to the plaintiff, in which case it should be supported by demand. Effective Jurisprudence
It is also available for compliance with force of law and administrative acts, which does not exclude the exercise of popular action to repair the law.
Article 9. IMPROCEDIBILIDAD. Compliance Action shall not apply to the protection of rights that may be guaranteed by the tutela. At these events, the judge will give the request the amount corresponding to the Tutela process. Effective Jurisprudence
Nor when the affected party has or had other legal instrument to ensure the effective implementation of the rule or Administrative Act except that the judge not to proceed, a serious and imminent harm to the plaintiff is followed. Effective Jurisprudence
PARAGRAFO. Action regulated in this Act may not pursue establish compliance costs. Effective Jurisprudence
ARTICLE 10. CONTENT OF THE APPLICATION. The request shall contain:
1. The name, identification and place of residence of the person who sets up the action.
2. The determination of the standard material force of law or breached Administrative Act. If the stock falls on Administrative Act, a copy must be attached. In the case of verbal Administrative Act, must be attached even summary evidence of their existence.
3. A narrative of the facts constituting the violation.
4. Determination of the authority or individual breach.
5. Evidence of reluctance, except as provided for in the exception of the second paragraph of Article 8 of this Act, and will consist of demonstrating compliance order him directly to the respective authority.
6. Request for evidence and enunciation of seeking to enforce.
7. The demonstration is meant presented under oath, of failing to file another request concerning the same facts or rights before any other authority.
PARAGRAFO. The application may also be submitted orally when the applicant can not read or write, is a minor or is in ITUATION of extreme urgency.
expedited treatment. The processing of the Compliance Action will be in charge of the judge, in strict rotation, and will be substantiated with priority, for which postpone any matter of a different nature, except the tutela.
When in the locality where the Compliance Action this work several judicial offices in the same hierarchy and specialization of that to which it was exercised, will undergo the same cast to be held the same day and without delay. Once the distribution of the application performed compliance shall be immediately forwarded to the competent official.
The terms are peremptory and not extendable.
ARTICLE 12. CORRECTION OF THE APPLICATION. Within three (3) days following the filing of the application the judge compliance days decide on its admission or rejection. If the persons without application of any of the requirements set forth in Article 10 will prevent the applicant to correct it within a period of two (2) days. Failure to do so within this period the application will be rejected. If that fails to provide proof of compliance with the procedural requirement that is the second paragraph of Article 8, except in the case of the exception provided for there, flat rejection proceed.
If the request is verbal, the judge shall correct it on the spot with additional information to provide the applicant.
ARTICLE 13. CONTENT OF AUTO admisorio. Within three (3) days following its filing, the judge will decide on admission. If admitted, the judge will order your personal service on the defendant and delivery of a copy of the application and its attachments within three (3) days after admission. If this is not possible, the judge may use telegraphic communication or any other means that guarantees the right of defense.
The car also informed that the decision will be issued within twenty (20) days following the admission of the application for compliance days and has the right to take part in the process and present evidence or request practice within following notification three (3) days.
ARTICLE 14. NOTICES. The orders shall be notified by the state to be fixed the next day and reported proffered by telegraph, except as prescribed in Articles 13 and 22.
COMPLIANCE ARTICLE 15. RIGHT AWAY. Developing the constitutional principle of the prevalence of substantive law on the procedure, the judge hearing the application may order compliance omitted duty, irrespective of any formal consideration, as long as the fault is melted in a test medium which it can deduct a serious or imminent violation of a law for breach of duty in Law or Administrative Act, except that the term transfer the defendant has exercised his right to ask for proof.
ARTICLE 16. RESOURCES. The orders to be issued in the process of enforcement action, with the exception of the judgment will have no recourse, except in the case of self denying that evidence, which supports the appeal for reconsideration which must be brought to the day after the notification by state and resolved no later than the next day. Effective Jurisprudence
ARTICLE 17. REPORTS. The judge may require reports to individual or public authority against any who made the request and in the case of administrative proceedings asking for the file or documentation attesting to the background to the case. Unjustified failure to send such evidence to Judge entail disciplinary responsibility.
The deadline for reporting shall be one (1) to five (5) days and will be fixed depending on the nature of the case, the distance and speed of the media.
The reports are considered rendered under oath.
ARTICLE 18. SUSPENSION OF APPLICATION. The process of Enforcement Action whose purpose is to enforce an administrative act shall be suspended until no final decision utters, in the event that a nullity process underway has decreed the provisional suspension of the omitted act.
ARTICLE 19. EARLY TERMINATION. If the Action Compliance still ongoing, the person against whom have been addressed by the Action will develop the conduct required by the Act or the Administrative Act, it shall terminate the processing of the action dictating car in which such circumstance shall be declared and will pay the costs, without prejudice to the provisions of Article 24 of this Law.
ARTICLE 20. EXCEPTION OF UNCONSTITUTIONALITY. When the breach of rule with force of law or administrative act is from the exercise of the exception of unconstitutionality, the judge compliance should resolve the matter in the judgment. The foregoing notwithstanding that the court apply it unofficially.
PARAGRAFO. The breach may not invoke the exception of unconstitutionality on standards that have undergone exequibilidad analysis by the Council of State or the Constitutional Court, as the case. Effective Jurisprudence
ARTICLE 21. CONTENTS OF FAILURE. After the evidentiary stage, if any, the judge shall issue a ruling, which shall contain:
1. The identification of the applicant.
2. The determination of the unfulfilled obligation.
3. The identification of the authority who comes default.
4. The order to the reluctant authority to fulfill the duty omitted.
5. mandatory deadline for compliance with the resolution, which may not exceed ten (10) working days from the date it is enforceable ruling. Should a longer term necessary, the judge will define prior support in the relevant part of the judgment.
6. Order to the relevant supervisory authority to advance the investigation of the case for the purposes of criminal liability or disciplinary, when the conduct of unfulfilled demands it. Effective Jurisprudence
7. If any, for costs.
The event is not successful actor claims, the ruling will deny the petition warning that further action may not be introduced for the same purpose, under the terms of Article 7 of this Law.
ARTICLE 22. NOTIFICATION. The judgment shall be notified to the parties in the manner indicated in the Code of Civil Procedure for the measures that must be notified personally.
ARTICLE 23. SCOPE OF FAILURE. Compliance with the ruling will not prevent proceed against who served enforcement action, if the actions or omissions incurred would generate responsibility.
pay compensation. Compliance Action will not have compensatory purposes. When the breach of the law or administrative acts damages are generated, those affected may seek compensation through the appropriate legal proceedings. Effective Jurisprudence
The exercise of the action of this Law, will not revive in any case the terms for bringing damages actions for damages. Effective Jurisprudence
compliance with the ruling. In signs the ruling ordering omitted the line of duty, the unwilling authority must comply without delay.
Failure to do so within the period defined in the judgment, the judge will head to the top of responsible and will be required to enforce it and open the corresponding disciplinary proceedings against it. After five (5) days shall order to open proceedings against a superior who has not acted as ordered and take all measures directly for full compliance. The judge may punish for contempt of responsible and superior until they serve their sentence. This in accordance with Article 30 of this Law.
However, the judge set the other effects of the judgment for the case and maintain competition until the cessation of the breach.
ARTICLE 26. CHALLENGING THE RULING. Within three (3) days following its notification days, a 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.
The appeal is granted suspensive effect unless the suspension of compliance with the ruling generate irreversible harm the plaintiff.
ARTICLE 27. PROCESSING OF APPEAL. duly filed the appeal, the judge shall refer the dossier later than the day following superior.
The judge hearing the appeal will study the content of it, comparing it to the evidentiary acerbic and failure. You can order reports and order the gathering of evidence ex officio. In any case, utter failure within ten (10) days following receipt of the file days. If satisfied that the decision is unfounded, it shall immediately revoke communicating; if it is set to right will confirm.
ACTION ARTICLE 28. RECKLESS. When without justification, the same Action Compliance is submitted by the same person or his representative to several judges, they reject or refuse all of them, if they have been admitted. Effective Jurisprudence
The lawyer who promotes the presentation of several Enforcement Actions concerning the same facts and rules will be sanctioned by the competent authority to suspend the professional card at least two (2) years. In case of recidivism, the suspension will be for five (5) years, subject to disciplinary or criminal sanctions that may be applicable. Effective Jurisprudence
ARTICLE 29. CONTEMPT. Whoever fails to comply with court order handed down on the basis of this Act, shall be guilty of contempt punishable under existing rules, without prejudice to any disciplinary or criminal sanctions may be appropriate. Effective Jurisprudence
The penalty will be imposed by the same judge by incidental proceedings; not be appealed will be consulted with the superior who will decide within three (3) days whether to revoke or not the penalty. Appeal or inquiry will suspensive effect. Effective Jurisprudence
Article 30. REFERRAL. In matters not covered by this Act shall follow the Administrative Code which is compatible with the nature of Enforcement Actions.
ARTICLE 31. MONITORING. The Directorate General of Legal Policy and Legislative Development of the Ministry of Justice and Law will monitor the effects of the application of this Act and submit a report on the effects of the same to the Presidency of the Senate and House Representatives within eighteen (18) months after its validity. Similarly, the Ministry of Justice and Law undertake within three (3) months after its promulgation, a publicity campaign and public education.
ARTICLE 32. EFFECTIVE DATE. This Law governs from the date of its publication in the Official Gazette and repeals sections 77 to 82 of Law 99 of 1993 and all that are contrary.
The President of the honorable Senate, LUIS FERNANDO LONDOÑO CAPURRO
The Secretary General of the honorable Senate, PUMAREJO VEGA PEDRO
The President of the honorable House of Representatives, GIOVANNI LAMBOGLIA MAZZILLI
the Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on July 29, 1997.
Ernesto Samper Pizano Interior Minister,
CARLOS HOLMES TRUJILLO GARCIA Minister of Justice and Law , Almabeatriz RENGIFO LOPEZ