Abstract

VERGARA MESA, Hernán Darío. Dismissal of the discretionary administrative in Colombia: a view from the principle of proportionality. Rev. Derecho [online]. 2015, n.44, pp.1-30. ISSN 0121-8697.  https://doi.org/10.14482/dere.44.7167.

This article reports the methodology application that deals with the principle of proportionality in the events of discretional faculties from the public administration in which the rights of labor stability of freely appointed and removable public officials are violated. The analysis concludes that it is important not only to lessen the paradigm of general interest, but also the presumption of legality in the administrative acts due to the fact the recognition from part of the jurisprudence has become the main obstacle for the judges to apply the labor guaranties that are expressed in the present Policy Charter.

Keywords : discretional dismissal; public official; motivation; administrative act, principle of proportionality; labor stabilit.

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