MEDIOS DE IMPUGNACIÓN EN EL DERECHO ADMINISTRATIVO —VÍA GUBERNATIVA—

Whit the present paper, the author does a presentation of the meansof evidence or the administrative means recourses, for which we startestablishing an integral legal notion of the impugnation means in theAdministrative law, funded in the etymology, the grammar and thehistorical backgrounds of the i...

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Autor Principal: Cuello Iriarte, Gustavo; Pontificia Universidad Javeriana
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: Pontificia Universidad Javeriana 2004
Materias:
Acceso en línea: http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14799
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Sumario: Whit the present paper, the author does a presentation of the meansof evidence or the administrative means recourses, for which we startestablishing an integral legal notion of the impugnation means in theAdministrative law, funded in the etymology, the grammar and thehistorical backgrounds of the instruction.Subsequently, the author outlines the concept of administrative act,as which is the matter, object over the one that lays the means ofimpugnation. With this concept comes up the due process. The authorexplains its history, notion, components or elements and its applicationin the administrative acts, and finishes studding the regulation of themeans of impugnation as a development of the due process. Due to its importance, a special chapter is dedicated to theadministrative evidence and its relation with the means ofimpugnation. Like the decisions of the different recourses that proceedin the administrative means, especially the related with its motivationand respect to the congruency principle.The author concludes with an invitation to use the means ofimpugnation as a true proceeding requirement, with the end of avoidthe congestion and the delays that today presents the contentiousadministrative justice (justicia contencioso administrativa) (with morethan 100.000 actions) y the high overhead costs that the judicialdecisions are generating to the public exchequer due to theadministration mistakes that, perfectly, could be remedied when therecourses are solved.