Régimen especial de las empresas de servicios públicos domiciliarios de naturaleza mixta
At present, the discussion of if the public utility companies domiciliary mixed, are of public or private nature and if his juridical regime belongs to the public or private law has lost relevancy, because from the expedition of the Political Constitution of Colombia of 1991 until the year 2007, the...
| Autor Principal: | Rincón Salazar, Luisa Fernanda |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Derecho, Ciencias Jurídicas y Políticas
2018
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| Materias: | |
| Acceso en línea: |
Rincón, L.F. (2017). Régimen especial de las empresas de servicios públicos domiciliarios de naturaleza mixta. (Tesis Especialización en Servicios Públicos Domiciliarios). Universidad de San Buenaventura Colombia, Facultad de Derecho, Medellín. |
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| Sumario: |
At present, the discussion of if the public utility companies domiciliary mixed, are of public or private nature and if his juridical regime belongs to the public or private law has lost relevancy, because from the expedition of the Political Constitution of Colombia of 1991 until the year 2007, the high courts and particulary, the Constitutional Court as the maximum interpreter and guarantor of the Constitution, it was not presenting a univocal position that was allowing to have certainty and juridical safety of the sense of his decisions when in them it was part one provider of public services domiciliary mixed and his position in front of the nature, it threw as result to determine the belonging to the juridical public or private regime, as there was understood that this category specifies of the providers of public domiciliary services were or not entities decentralized by services belonging to the executive branch of the public power.
The Constitutional Court, with the expedition of the judgment C-736 of 2007 it adopts a new position opposite which there stay without foundation the discussions of the public or private regime, and feel as new juriprudential precedent, the postulate under which the public utility companies domiciliary mixed have a nature and juridical special regime, postulated that remains at present and that they do that it could not proclaim a completely public or private regime. |
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