La consulta popular como mecanismo de participación ciudadana en la zona de reserva campesina del municipio de cabrera, Cundinamarca

Abstract

This is an investigation on the Popular Consultation, one of the citizen participation mechanisms contemplated in the 1991 Constitution and, which, the community of Cabrera - Cundinamarca, invoked to enforce its status as a Peasant Reserve, before the claim of the Electricity Generation Company (EMGESA), to advance a hydroelectric Project on the right bank of the Sumapaz river. Taking into account the decision of the Constitutional Court to consider the Popular Consultation as a mechanism without suitability to determine the use of the soil and subsoil, the authors try to determine the effectiveness of the Popular Consultation, carried out in the municipality of Cabrera, Cundinamarca, on the 27th of February 2017, which denied the construction of the planned hydroelectric project in its territory, as a result of the guaranteeing power of the territorial entity and, which envisaged a Clash of Powers between the State and the territory, by applying the principles of coordination, concurrence and subsidiarity, since at present, there is no legislation in this regard and, on the contrary, it shows a gap due to the generation of possible conflicts in the territories, if a consensus is not reached between the State and the municipalities.