Publicación:

De la discrecionalidad administrativa en los actos de retiro del servicio del personal de la policía nacional de Colombia. análisis del fenómeno para los años 2005 a 2013

Resumen

In this paper a detailed analysis is made of the discretionary power to withdraw from service used in the National Police of Colombia, the approach to this situation has been given from various perspectives, the purpose of which is to allow those who are linked to said Police Institution can understand the rationale behind the measure of discretion. The main purpose of this investigation is to harmonize the criteria of who makes the decision, who is affected by it, who reviews it, and the effects of the court ruling on the restoration of the right, if applicable. By virtue of the diverse position that jurisprudence has taken in this regard, it shows that despite the marked differences between the conceptions of the use of discretion, the rejection of arbitrariness flourishes and with this the National Police must create controls aimed at verifying the existence of determining facts, respect for general principles of law and guarantee a correct assessment of the elements prior to making the discretionary administrative decision, since this will avoid affecting the general interest and the particular interest, the foregoing in order to offer the reader another orientation for the study of the problem posed