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Nuevas perspectivas en materia de responsabilidad patrimonial del estado legislador en Colombia
| Content Provider | Semantic Scholar |
|---|---|
| Author | Mejía, Julián Fernando Gómez Lespórth, Daniel Alexander Giraldo |
| Copyright Year | 2017 |
| Abstract | In Colombia, the State Legislator liability is an issue that is currently the subject of multiple discussions regarding the application of the legal regime applicable to each case in particular. This, as a consequence of the expedition, by the Colombian State Council, of conflicting jurisprudence that leaves a space of legal insecurity against the subject matter raised. One of these cases is the event of laws that are declared unenforceable by the Constitutional Court without pronouncing the effects of the court decision. In this scenario, it is discussed the possibility that the damages caused by the unconstitutional law during the period of time in which it was in force, are unjustified Similarly, in contrast to the laws declared enforceable, a recent decision of the ?Colombian State Council extends the spectrum of protection of the patrimonial liability regime of the State legislator. In view of the above, it was argued - in the sentence mentioned above - that not only subjective or consolidated rights are protected, but also legitimate expectations and states of trust. In this sense, the present work of degree seeks the contribution of new perspectives that give clarity on the legal regime applicable to the concrete case and also, give the necessary tools to the reader so that it can form its own criterion. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.javeriana.edu.co/bitstream/handle/10554/34137/GiraldoLesporthDanielAlexander2017.pdf?isAllowed=y&sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
