El mecanismo de extensión de jurisprudencia aplicado en sentencias de unificación referentes a la responsabilidad del Estado por el daño causado por actos terroristas

Abstract

Law 1437 of 2011 introduced the figure of extension of jurisprudence which seeks to provide legal certainty to the decisions of the administration in addition to decongest the jurisdiction of Administrative Litigation. This procedure is initiated by a third party which invokes a judgment of unification jurisprudence issued by the Council of State in order to extend the legal effects of the judgment mentioned, provided that the factual assumption of the petitioner retains a factual and legal identity With the unification judgment that was requested. As a consequence, this investigation will focus on studying the practice of this mechanism with respect to the unification judgments adopted by the Plenary Chamber of the Third Section of the Council of State regarding the non-contractual liability of the State for the harm caused by terrorist acts. In this way, the parameters set forth in the aforementioned judgments will be determined and if they can, in the eventual request of the administrator, activate the mechanism presented.