Oferta de revocatoria directa de los actos administrativos

Abstract

This investigative work was focused on doing an analysis about the direct revocatory offer, which is appreciated in the only paragraph of the 95th article of the Law 1437 of 2011, with the purpose of establishing the benefits that the implementation of this new juridical figure have brought and in the same way if there have emerged negative consequences, both for the managed and the management, for which reason the investigation was divided in three chapters, the first one beginning to give a definition of the concept of direct revocatory from the jurisprudence, since the legislator did not establish a definition of the direct revocatory, as well as it gives a look to the background of this one and finishes with the objective and the requisites for it to proceed; the second chapter delves into the direct revocatory offer, its concept, the procedure and requisites so that the administration can make use of this juridical figure; lastly, the third chapter concludes with the positive and negative effects that this new figure has brought, both for the managed and the management, for which a research about the diverse jurisprudence issued by the high courts (Council of State and Administrative Courts) was made, finding as main discovery, that the administration makes use of the direct revocatory offer late, that is to say, presents the offer when the process already have reached a second instance, with what can be concluded that the use of this new juridical figure has negative consequences.