The precautionary measures regulated by the law 1437 of 2011
Instrument for the development of effective judicial protection
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One of the constant criticisms of the contentious-administrative jurisdiction in Colombia is the lack or lack of regulation of effective and real precautionary measures to ensure the enforceability of judgments issued in contentious-administrative proceedings. The purpose of this text is to make an approach to the new regime of precautionary measures of the contentious-administrative jurisdiction, regulated by Law 1437 of 2011, in order to establish its contribution to the development of effective judicial protection and the protection of the substantial rights of citizens; aimed, on the one h...
One of the constant criticisms of the contentious-administrative jurisdiction in Colombia is the lack or lack of regulation of effective and real precautionary measures to ensure the enforceability of judgments issued in contentious-administrative proceedings. The purpose of this text is to make an approach to the new regime of precautionary measures of the contentious-administrative jurisdiction, regulated by Law 1437 of 2011, in order to establish its contribution to the development of effective judicial protection and the protection of the substantial rights of citizens; aimed, on the one hand, to urgently realize the principle of good law and, on the other hand, the criterion of the damages arising from the long duration of the process, claiming that the control of enforceability is advanced in time through this means.It is thus intended to determine that the precautionary measures, regulated in the new Contentious Administrative and Contentious Administrative Code, make a valuable contribution to the fulfillment of the effective jurisdictional protection in the contentious-administrative process.
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