|
Name
of the institution : Council of State
President
:
Mr. Enrique GIL
Address :
Presidencian del Consejo del Estado
Edificio Palacio de Justicia
Oficina 315
Calle 12 n° 7-65
BOGOTA - COLOMBIA
Phone number :
(571) 565 85 00
(571) 561 25 02 (P)
(571) 350 67 00 (J)
Fax :
Composition
and structure
Number of
members : 27.
Recruitment
procedures and incompatibilities :
The appointments are made by the plenary chamber of the Council
of State upon a proposal by the Superior Council of the Judiciary.
The Councillors of State have the same statute as the members of
the Supreme Court of Justice and the Constitutional Court. The Councillors
of State can exercise no other function except teaching.
Internal
organization :
The Council is made up of several chambers : the plenary assembly,
the chamber of the administrative litigations (divided into five
specialized sections with four to six Councillors), the consultative
chamber including four Councillors, the chamber of the Government
which is composed of the presidents of chambers and sections.
The President and the Vice-President are elected for a year by the
plenary assembly of the Council of State. Each chamber elects its
president for one year. The President, the Vice-President and the
Presidents of the chambers constitute the Chamber of Government
.
Each Councillor of State has one or more assistants whixh he can
freely appoint and dismiss.
Publications
(yearly reports, magazines ...) :
Anales del Consejo de Estado (Records of the Council of State)
Extractos de Jurisprudencia (Extracts of Jurisprudence)
back
to top
Court
functions
Jurisdiction
:
The Council of State and the administrative tribunals control the
legality of the national, departmental and municipal administration.
Every act of the administration, including the political acts or
acts of government, and specially the questions concerning the validity
of administrative contracts, the administrative responsibility and
the legality of elections, may be referred to the administrative
jurisdictions.
Organization
of the courts system :
The Council of State is the supreme instance for administrative
litigations ;
It shall judge in appeal the rulings of the administrative tribunals.
It is judge in first and last resort especially for administrative
acts of national scope and for administrative acts for which no
rule of competence has been defined.
Powers of
the judge :
Annulment
of the administrative acts being ultra vires ; recourse of full
jurisdiction (including the reinstatement of the applicant in his
right, compensation for the damage sustained) ; recourse of direct
repairing ; litigations concerning State contracts and elections.
In case of immediately admitted illegality, the judge may suspend
the execution.
back
to top
Advisory
functions
Existence
and extent of an advisory authority :
There is a consultative chamber within the Council of State. The
Council of State can be consulted by the Government for any administrative
issue. His opinion is compulsory in case of transfer of foreign
troops on the national territory. Besides, the Council of State
prepares and presents drafts of bills and of amendments of the Constitution.
Authority
and publication of advisory opinions :
The advices are theoretically secret but the Government may authorize
their publication. Besides, the advices can be published after a
period of four years.
back
to top
Miscellaneous
remarks
The Colombian
administrative jurisdiction belongs to the judicial power.
back
to top
|
