ADMINISTRATIVE MORALITY IN COLOMBIA: JURISPRUDENTIAL ANALYSIS

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PEDRO ALFONSO SÁNCHEZ CUBIDES, CLAUDIA ESPERANZA SAAVEDRA BAUTISTA, CLAUDIA FIGUEROA

Abstract

State corruption is one of the problems currently affecting public administration, a situation that justifies studying administrative morality as a principle of administrative function and as a collective right. This article addresses this issue in the context of Colombia and aims to examine the treatment and development of administrative morality by the Constitutional Court through jurisprudence. The debate revolves around the hypothesis that administrative morality implies that public servants and private individuals exercising administrative functions must strictly adhere to the mandate of the law and refrain from diverting the general interest, as citizens have the right to good public administration.


Methodologically, the text is grounded in the interpretive paradigm, and the study is approached through the documentary method, based on theoretical and conceptual references regarding administrative morality. The deliberation concludes that the Constitutional Court of Colombia has conducted a rigorous analysis of different constitutional scenarios, enforcing administrative morality to provide an optimal solution where the fundamental rights of the involved individuals are not compromised or violated, whether through the actions or omissions of public servants or private individuals performing administrative functions.

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Author Biography

PEDRO ALFONSO SÁNCHEZ CUBIDES, CLAUDIA ESPERANZA SAAVEDRA BAUTISTA, CLAUDIA FIGUEROA

 

PEDRO ALFONSO SÁNCHEZ CUBIDES1, CLAUDIA ESPERANZA SAAVEDRA BAUTISTA2, CLAUDIA FIGUEROA3

1Postdoctoral in Education, Social Sciences, and Intercultural Studies. Doctor of Education Sciences. Master in Municipal Government. Specialist in Government and Public Policies. Specialist in Planning and Management of Territorial Development. Public Administrator. Justicia Social Primo Levi Research Group, Faculty of Law and Social Sciences of UPTC. Universidad Pedagógica y Tecnológica de Colombia.  

2Doctor of Education Sciences. Master in Information Technology. Teacher of the Bachelor of Technology, RESET Research Group, Duitama Sectional Faculty, Universidad Pedagógica y Tecnológica de Colombia.

3International Postdoctoral in Qualitative Research. Doctor of Education Sciences. Master in History. Specialist in Educational Management. Bachelor of Social and Economic Sciences, Researcher at HISULA Research Group - Faculty of Education Sciences, Universidad Pedagógica y Tecnológica de Colombia.

References

Asamblea Nacional Constituyente. Political Constitution of Colombia. Constitutional Gazette 116. July 20, 1991.

Castro, C. Public and Private Corruption: Causes, Effects, and Mechanisms to Combat It. Bogotá: Universidad del Rosario, 2017.

Congress of Colombia. Law 909. "On the regulation of public employment, administrative career, public management, and other provisions." September 23, 2004.

Congress of Colombia. Law 1437. "Code of Administrative Procedure and Contentious Administrative Law." January 8, 2011.

Constitutional Court of Colombia. Judgment C-046. February 10, 1994.

Constitutional Court of Colombia. Judgment C-593. October 21, 1998.

Constitutional Court of Colombia. Judgment SU-881. August 25, 2005.

Constitutional Court of Colombia. Judgment C-988. November 29, 2006.

Constitutional Court of Colombia. Judgment T-391. May 22, 2007.

Constitutional Court of Colombia. Judgment C-350. May 20, 2009.

Constitutional Court of Colombia. Judgment SU-913. December 11, 2009.

Constitutional Court of Colombia. Judgment T-066. February 4, 2010.

Constitutional Court of Colombia. Judgment C-252. April 16, 2010.

Constitutional Court of Colombia. Judgment T-230. March 31, 2011.

Constitutional Court of Colombia. Judgment C-414. June 6, 2012.

Constitutional Court of Colombia. Judgment C-643. August 23, 2012.

Constitutional Court of Colombia. Judgment C-1056. December 6, 2012.

Constitutional Court of Colombia. Judgment C-826. November 13, 2013.

Constitutional Court of Colombia. Judgment C-288. May 20, 2014.

Constitutional Court of Colombia. Judgment T-307. June 16, 2016.

Constitutional Court of Colombia. Judgment SU-585. September 21, 2017.

Constitutional Court of Colombia. Judgment SU-649. October 19, 2017.

Constitutional Court of Colombia. Judgment C-017. March 21, 2018.

Constitutional Court of Colombia. Judgment C-101. October 24, 2018.

Constitutional Court of Colombia. Judgment C-093. March 3, 2020.

Constitutional Court of Colombia. Judgment C-172. June 3, 2021.

Polanía, N. Administrative Morality: From Formulation to Effectiveness. Bogotá: Universidad Externado de Colombia, 2014.

Sanabria, P & Rubaii, N. Analysis of Public Policies in Colombia. Bogotá: Universidad de los Andes, 2022.

Transparency International. Corruption Perceptions Index 2022. Retrieved from: https://www.transparency.org/en/cpi/2022

Younes, D. Course of Administrative Law. Bogotá: Editorial Temis, 2016.