Abstract

CELEMIN CAICEDO, Yenny Andrea. Loopholes of Law 2080/2021 that Reformed the Code of Administrative Procedure and Administrative Litigation in Discussing the Positivization of the Precedent in Colombia. Díkaion [online]. 2022, vol.31, n.1, pp.120-147.  Epub June 16, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.1.6.

This article examines the institutions introduced in the Colombian legal system by Law 1437/2011 on the binding force of the precedent. It also verifies whether the comprehensive reform of these institutions under Law 2080/2021 addresses or solves the main problems arising from using the precedent because of regulatory gaps on the subject. Through a case study manifesting the issues produced by these regulatory gaps, we conclude that due to the procedural narrative under which this reform was conceived, Law 2080/2021 did not address the substantive interpretive problems related to the unification judgments and other instruments created by administrative authorities to positivize precedents in Colombia. Finally, the article clarifies that the reform did not address any substantive discussions about controls on judges' role in law-making, even though it continued the path traced since 2011 to strengthen judges' competence.

Keywords : Precedent; unification judgments; use of precedents by administrative authorities; Law 1437/2011; Law 2080/2021.

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