La inestabilidad de la responsabilidad extracontractual objetiva del Estado

Abstract

This research focuses on understanding the causes and effects of the improper interpretation of legal attribution titles in the decisions of administrative responsibility of the State in Colombia. It starts from the Colombian context, where the Constitution establishes a contentious-administrative jurisdiction to determine the State's responsibility for unlawful damages, which implies an obligation to operate efficiently in the face of the possibility of declaring patrimonial responsibility. The research proposes three specific objectives to address this problem. It aims to identify the causes and effects of the varied interpretation of these legal titles in the decisions taken by the Council of State, with the objective of understanding how these interpretations affect the treasury and the functioning of the state administration. The research paper uses a descriptive-explanatory methodology with a qualitative approach. This describes the main elements of state responsibility and legal attribution titles, while the explanation will allow identifying the causes and effects arising from this varied interpretation. This will contribute to a deeper understanding of State responsibility in Colombia and its implications.