Publicación: Garantía de estabilidad laboral en los funcionarios pre-pensionados vinculados por libre nombramiento y remoción en Colombia de acuerdo con la jurisprudencia del Consejo de Estado y la Corte Constitucional del año 2008 hasta el año 2018.
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The public administration governed by administrative law has its own forms of employment relationship, among which the free appointment and removal and the administrative career regime stand out. Each of them has dissimilar characteristics, with job stability being a differentiating aspect. The public employees of free appointment and removal do not enjoy in principle a real job stability, since due to the nature of the positions, their appointment and removal from it are at the discretion of the nominating official, as is stated in the Constitution and the Law. Different situation for those officials linked through the administrative career, since they enjoy more guarantees regarding the continuity in their jobs. Although in principle the law defined that to remove an employee of free appointment and removal from office, the intention of the nominator was sufficient and a duly motivated act was not necessary, the jurisprudence of the high courts has created a series of confusions due to specific cases in which an official linked by this means has been able to claim and come forward in protection actions against the State for his unjustified removal, having as special characteristics that the guardian turns out to be a person either disabled, or a woman in a state of pregnancy, or a prepensioning. This clash between the law and jurisprudence and the variety of judgments that generated legal uncertainty regarding the issue, especially regarding pre-pensioned of free appointment and removal, was resolved by the Constitutional Court through a jurisprudential unification judgment SU-003 of 2018.