Abstract

RAMIREZ TORRADO, María Lourdes  and  ESCOBAR MARSIGLIA, Ana Catalina. Error as a Ground for Exclusion of Liability in Disciplinary Law. Prolegómenos [online]. 2023, vol.26, n.52, pp.145-160.  Epub Dec 15, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.6521.

Error as a ground for exclusion of disciplinary liability raises several questions, among other reasons, due to the type of normative design employed in this sector and the number of legal obligations and prohibitions that public officials must comply with. In this regard, the objective of this article is to review the scope of error as a ground for exclusion of liability in disciplinary matters. To achieve this, a review of doctrine, regulations, rulings of the Council of State, along with decisions of the Office of the Attorney General of the Nation, focusing on the review of pronouncements from the period 2011-2021, was conducted. Among other issues, it was found that there is a conflict between the positions of the judges, as they are contradictory, which ultimately results in the disciplined individual lacking clarity about the consequences oftheir actions.

Keywords : error; disciplinary law; administration; administrative sanction.

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