Abstract

DIAZ DIEZ, Cristian Andrés. The "development of legislative decrees" as a criterion for the immediate control of the legality of general administrative acts and the mandate for their interpretaron in accordance with effective judicial protection. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2021, vol.51, n.135, pp.467-488.  Epub Jan 12, 2022. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v51n135.a08.

The immediate control of legality is a special mechanism provided for in the ordinance, which requires that the Jurisdiction of Administrative Litigation review the legality of general administrative acts, provided that they have been issued as a development of legislative decrees during states of exception. This article analyzes the problematic nature of this condition, arguing that, although it is an indeterminate legal concept, its interpretation must be in accordance with the constitutional principle of effective judicial protection. In order to reach this conclusion, the discrepancies expressed in some of the orders issued by the Colombian Council of State during the states of exception -of economic, social and ecological emergency-decreed in the framework of the COVID 19 pandemic are analyzed. This context is complemented with a normative and doctrinal explanation of the fundamental right to effective judicial protection, as a principle that requires an interpretation of the "development of legislative decrees", which allows that, in those doubtful cases about the fulfillment or not of this requirement of procedure, the immediate control of the legality of the general administrative acts is called for.

Keywords : Administrative act; development; exception status; legislative decree; effective judicial protection.

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