El abecé de la admisión, inadmisión y/o rechazo de demandas en la sección primera del Consejo de Estado

Abstract

There is much dissatisfaction of both national and foreign people, when through the means of control that are contained in the rules governing Colombian administrative law, adjure demands seeking the defense, guarantee and protection of the legal system or their rights. Such dissatisfaction is associated with the delay in the resolution of disputes, which can last on average ten years. There are many factors that influence such judicial delay, among others, the lack of personnel, infrastructure, and agile and effective information systems; However, not all the causes in the delay of the resolution of the conflicts are attributable to the administration of justice, since some of the people who come to the contentious administrative jurisdiction do not comply with the requirements that Law 1437 of 2011 establishes for uttering the order admission of the claim, so that some of the demands are rejected outright, referred by competition to other judicial offices, or inadmissible to be corrected, which leads to the judicial operators must make orders before admit the demand, which contributes to the slow development of the processes. That is why it is proposed to identify the grounds for inadmissibility and / or rejection of more frequent demands incurred by those who come to said jurisdiction, to foresee such a situation and contribute something to the decongestion of the judicial branch, preventing decisions from being proffered. prior to the admission of the claim.