Especialización en Derecho Administrativo
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Browsing Especialización en Derecho Administrativo by Subject "Acción"
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Item Responsabilidad administrativa por falla en la prestación del servicio en la salud(Universidad Santiago de Cali, 2018) Lozada Duque, Hugo Armando; Moreno Carabali, Janer; Bustos Romero, Michel FedericoThe failures of the Colombian health system have been evident for several years. The description of the failure of the health service in Colombia is taken from the pronouncements of the Council of State from the year 2000 to the present; This reality is centered in the inadequate management of the medical situations that are being presented by the hospital entities together with the specialized personnel (doctors - nurses) and the scarce resources that the State has for the large number of users. When one understands the administrative management of the current failures in the Colombian Health system, it is possible to contextualize the causes that caused them and in this way to find corrective mechanisms to reduce the constant presentation of these failures.Item Responsabilidad patrimonial del Estado por actos del legislador en virtud de leyes declaradas inexequibles(2018) Giraldo Muñoz, Mónica Andrea; Moreno Viafara, FerneyThe Council of State has become reiterative in the aspects that deal with the unlawful damage that can be generated from the Congress, on occasion, of the issuance of laws that subsequently are declared unenforceable. In this sense, it is pertinent to carry out an analysis of the patrimonial responsibility of the State in the light of Article 90 of the Constitution, as it is a patrimonial responsibility of the State by virtue of the actions or omissions of the Legislative Power. This is how Article 90 of the Political Constitution of Colombia begins by recognizing the patrimonial responsibility of the State when there is an unlawful damage attributable to the nation, due to the actions or omissions of its state agents. In this regard, the jurisprudence issued within the Contentious Administrative Jurisdiction, and even the jurisprudence issued within the Inter-American Human Rights System, through the Inter-American Court of Human Rights, have reiterated the obligation of the State to adapt its legislation in the field national, without the creation of these laws generate a loss for the partners of the national territory. Therefore, it should be emphatic to point out that in those cases in which unlawful damage is caused as a consequence of the actions or omissions that are configured in the actions of the branches of public power (legislative, executive and judicial) they must be compensated by virtue of the provisions of Article 90 of the Constitution and of the provisions of Articles 1.1 and 2 of the American Convention on Human Rights.