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Extension of jurisprudence of the Council of State to third parties by authorities.

Today in Cuadro Legal Abogados, expert lawyers in commercial and administrative law, we explain what is the extension of the jurisprudence of the Council of State to third parties.

It is a figure enshrined in the Code of Administrative Procedure and Administrative Disputes, whose objectives are: (i) to serve as a mechanism to help decongest the courts, thus allowing the authorities to extend the effects of a decision of unification of jurisprudence in which a right is recognized. (ii) To be a mechanism that guarantees the right to equality of persons.

Now, in order to be able to make this extension of jurisprudence effective, it is necessary for the person requesting it to prove the same factual and legal grounds of the Unification Judgment (SU). That is to say, the facts narrated by the petitioner must be the same or similar to those of the judgment of unification of jurisprudence, likewise, the same legal grounds must be accredited.

Article 102 of the Code of Administrative Procedure and Contentious-Administrative Proceedings sets forth the requirements for the filing of the request:

  1. There must be an account of the facts, in which it can be evidenced that the petitioner or petitioner is in the same factual and legal conditions that were established in the Decision of Unification of Jurisprudence, that is, a relationship of analogy is made between the facts of the petitioner with the facts of the SU.

  2. The evidence supporting the request must also be attached or, if there is evidence in the entity’s file, the petitioner shall mention it.

  3. The Unification Ruling must be mentioned or a copy of it may be attached.

It should be noted that in this process the authorities may involve the National Agency of Legal Defense of the State, in order to provide a concept on the requested, for which it has 10 days to inform if it is going to do so or not, and then it will have 20 more days for its presentation.

In this order of ideas, the response to the request will have a term of 30 days following its receipt. In the response, the entity or authority may establish whether: it accepts the request; denies the request; or declares that the request is inadmissible, either because: the requirements for its presentation were not met, it is time-barred, or it is res judicata.

If you want to know more, in Cuadro Legal abogados we advise you, because we have specialists in administrative law that will help you to solve more doubts about this subject or other matters.

Written by: Luisa María Zapata Herrera.

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