THE REVOCATION OF THE APPOINTMENT OF PUBLIC EMPLOYEES IN COLOMBIA: A CRITIQUE OF THE CURRENT JURISPRUDENCE OF THE COUNCIL OF STATE

Abstract

The purpose of this chapter is to demonstrate the ineffectiveness of the direct revocation of the designation, as a cause for withdrawal of service for Colombian public employees based on the critical contrast of current regulations, with the recent jurisprudence of the State Council in this matter. In view of the methodology that guided the research, it is qualitative in order with a hermeneutical historical approach that uses as data collection instruments, the analysis of sentences and the extraction of doctrinal concepts. Among the results, it is necessary to recongnize that the jurisprudence of the Constitutional Court, as well as the Council of State on this issue, ignore the legal precepts of Law 1437 of 2011, rendering the grounds for withdrawal referred to inoperative, since it constitutes a limit in the autonomy of the administrative authorities, because they have the obligation to go before the jurisdiction to make effective the separation of the public employee. Finally, the value of this investigation lies in the critical review of the judicial precedents of the High Courts, which despite their binding force undermine the institution of legal certainty, the principles of legality and due process, equally relevant in constitutional matters.