Criterios unificados de la Sala de Consulta y Servicio Civil del Consejo de Estado en materia de conflictos de competencias administrativas (2011-2022)

CONTENTS

Preface

Presentation

CHAPTER ONE UNIFIED CRITERIA IN CONFLICTS OF ADMINISTRATIVE COMPETENCE IN DISCIPLINARY MATTERS

Presentation

1.1. Disciplinary investigations against heads or directors of public entities

Legal Issue 1: Which authority is competent to hear a complaint involving the head of a public entity?

Legal Issue 2: Which authority is competent to hear a complaint involving the head (or former head) of the internal disciplinary control office of a public entity?

1.2. Disciplinary investigations against officials of different ranks

Legal Issue 1: Which authority is competent to conduct a disciplinary action when the facts being investigated may involve several public officials or former public officials, including the municipal or district mayor?

Legal Issue 2: Is it necessary to establish the possible involvement of the municipal mayor in the facts being investigated to define the competence of the respective disciplinary action by the Procuraduría?

Legal Issue 3: In cases where there are doubts about the mayor's involvement in the facts being investigated, can the Procuraduría refer the case to another disciplinary authority without first ruling out the mayor's involvement?

Legal Issue 4: Does the delegation of contracting functions by the mayor or governor exempt them from disciplinary responsibility?

Legal Issue 5: Which authority is competent to conduct a disciplinary action when the facts being investigated may involve several public servants and private individuals who may perform public functions?

1.3. Disciplinary investigations against former public officials

Legal Issue 1: Which authority is competent to investigate a former public official?

Legal Issue 2: Which entity is competent to conduct a disciplinary investigation against former employees of an entity that has been dissolved and is in the process of liquidation when there is no longer a department or authority that can initiate or continue disciplinary actions against the former employees of the entity and the regulations governing the dissolution or liquidation process do not specify?

1.4. Disciplinary investigations against disciplinary private individuals

Legal Issue 1: When are contractors and other private individuals considered disciplinary subjects?

Legal Issue 2: Which entity(ies) is(are) competent to conduct disciplinary proceedings against private individuals who perform public functions?

Legal Issue 3: Which authority was competent to conduct disciplinary investigations against auxiliaries of justice before the National Commission of Judicial Discipline came into operation?

Legal Issue 4: Which authority is competent to conduct a disciplinary proceeding against a judicial auxiliary with the entry into force of Law 1952 of 2019?

Legal Issue 5: Which entity is competent to sanction urban curators, considering that they are private individuals performing public functions?

1.5. Disciplinary investigations against employees of the Judicial Branch

Legal Issue 1: Which authority is competent to conduct disciplinary proceedings, in the first and second instance, against employees of the Judicial Branch, before the National Commission of Judicial Discipline came into operation?

Legal Issue 2: Which authority is competent to conduct disciplinary proceedings against employees of the Judicial Branch from the entry into operation of the National Commission of Judicial Discipline (January 13, 2021), for acts that occurred both before and after this date?

Legal Issue 3: Which authority is competent to investigate a judicial employee for an alleged disciplinary omission that began before the National Commission of Judicial Discipline came into operation, that is, January 13, 2021, and ended after that date?

Legal Issue 4: Does the nature of the disciplinary conduct committed by a Judicial Branch employee, whether jurisdictional or administrative, constitute a limit on the exercise of the competence of the National Commission of Judicial Discipline to conduct a disciplinary proceeding?

Legal Issue 5: Which authority is competent to continue investigating a judicial employee who, during the course of the investigation and before the National Commission of Judicial Discipline came into operation, became a judicial officer?

Legal Issue 6: Is the preferential power decreed by the Attorney General of the Nation, in disciplinary matters, mandatory with respect to disciplinary proceedings conducted against employees of the Judicial Branch before the National Commission of Judicial Discipline came into operation?

Legal Issue 7: Once the Attorney General of the Nation's preferential power has been exercised to assume jurisdiction over a disciplinary proceeding, including one conducted against a judicial employee, must jurisdiction be maintained until the second instance?

Legal Issue 8: Which authority is competent to resolve disqualifications or challenges presented in disciplinary proceedings against employees of the Judicial Branch?

1.6. Disciplinary investigations for workplace harassment

Legal Issue 1: Which authority is competent to conduct disciplinary proceedings against employees of the Judicial Branch in the context of a workplace harassment complaint before the National Commission of Judicial Discipline came into operation?

Legal Issue 2: Which authority is competent to conduct disciplinary proceedings against employees of the Judicial Branch in the context of a workplace harassment complaint, with the National Commission of Judicial Discipline in operation, but for acts that occurred before this situation?

Legal Issue 3: What are the criteria for attributing competence to conduct disciplinary investigations for workplace harassment?

Legal Issue 4: Which authority is competent to hear a disciplinary proceeding against a public servant of an entity other than the Judicial Branch who also filed a workplace harassment complaint?

1.7. Disciplinary investigations against officials of the superintendencies

Legal Issue 1: Which entity is competent to conduct investigations to sanction disciplinary conduct by officials of the Superintendencies who perform jurisdictional functions, from the entry into operation of the National Commission of Judicial Discipline and before the entry into force of Law 1952 of 2019, as amended by Law 2094 of 2021?

Legal Issue 2: Which entity is competent to discipline officials of the Superintendencies with jurisdictional functions, from the entry into operation of the National Commission of Judicial Discipline and from the entry into force of Law 1952 of 2019, as amended by Law 2094 of 2021?

Legal Issue 3: Is it feasible to apply Decree 2462 of 2013 to define the distribution of competencies for sanctioning disciplinary conduct by officials of the Superintendencies between the Attorney General of the Nation and the National Health Superintendency before the entry into force of Law 1952 of 2019, as amended by Law 2094 of 2021?

1.8. Disciplinary investigations against DIAN employees and former employees

Legal Issue 1: What are the criteria for distributing competencies between DIAN and the Office of the Inspector General of Taxes, Revenues, and Parafiscal Contributions (ITRC) to sanction disciplinary conduct by DIAN employees and former employees?

Legal Issue 2: What are the criteria for assigning competence to the ITRC to sanction disciplinary conduct by DIAN employees and former employees in cases of very serious offenses, in accordance with numeral 1 of Article 48 of Law 734 of 2002 (Single Disciplinary Code)?

Legal Issue 3: Which authority is competent to conduct a disciplinary proceeding against a DIAN employee when there is already an ongoing investigation for related facts against other employees of the same entity?

1.9. Disciplinary investigations against congressmen

Legal Issue 1: What are the criteria for distributing competencies between the Attorney General of the Nation and the Ethics and Statute Commissions of Congressmen of the Congress of the Republic to conduct disciplinary investigations against congressmen?

Legal Issue 2: What are the criteria for distributing competencies between the Consultation and Civil Service Chamber and the Criminal Chamber of the Supreme Court of Justice to resolve conflicts of competence that arise between the Attorney General of the Nation and the Ethics and Statute Commission of Congressmen of the Congress of the Republic?

Legal Issue 3: What should be understood by congressional function for purposes of distributing competence between the Ethics and Statute Commission of Congressmen of the Congress of the Republic and the Attorney General of the Nation?

1.10. Conflicts of administrative competence between provincial prosecutors and municipal ombudsmen

Legal Issue: Which authority is competent to resolve conflicts that arise between provincial prosecutors and municipal ombudsmen: the regional prosecutors or the Consultation and Civil Service Chamber of the Council of State?

1.11. Conflicts of administrative competence between authorities with jurisdictional functions or between these and authorities with administrative functions

Legal Issue 1: Is the Consultation and Civil Service Chamber competent to hear and decide conflicts of competence that arise between authorities with jurisdictional functions?

Legal Issue 2: Is the Consultation and Civil Service Chamber competent to hear and decide conflicts of competence that arise between an authority with administrative functions and another with jurisdictional functions?

Conclusions

CHAPTER TWO UNIFIED CRITERIA IN CONFLICTS OF ADMINISTRATIVE COMPETENCE IN LABOR AND SOCIAL SECURITY MATTERS

Presentation

2.1. Transitional regime of Law 100 of 1993 (Art. 36)

Legal Issue 1: What are the criteria adopted by the Chamber to establish which persons are beneficiaries of the transitional regime provided for in Article 36 of Law 100 of 1993?

Legal Issue 2: What impact does the determination of whether the transitional regime applies or not have on the resolution of the conflict and the declaration of competence?

Legal Issue 3: What are the criteria for establishing that persons who have lost the right to benefit from the transitional regime provided for in Article 36 of Law 100 of 1993 have regained or can regain it?

2.2. Law 33 of 1985. Regime of public servants prior to Law 100 of 1993

Legal Issue 1: In what cases is the pension regime contained in Law 33 of 1985 applicable?

Legal Issue 2: Which entity is competent to recognize the pensions of the beneficiaries of Law 33 of 1985?

2.3. Retirement pension by contributions (Law 71 of 1988)

Legal Issue 1: What are the requirements established to cause the right to the retirement pension by contributions contained in Law 71 of 1988?

Legal Issue 2: What is the criterion for the distribution of competencies established in the regulations for the recognition of the retirement pension by contributions?

Legal Issue 3: Is the criterion for the distribution of competencies contained in Article 10 of Decree 2709 of 1994 applicable in absolute terms when it comes to the pension by contributions?

2.4. Beneficiaries of the transitional regime subject to different pension regulations

Legal Issue 1: What are the criteria established by the Chamber to determine the regime under which the request for pension recognition filed by the beneficiary should be resolved when several regulations apply to them?

Legal Issue 2: What are the criteria for determining the authority competent to recognize the pension when the applicant is subject to several regulations by virtue of the transitional regime?

2.5. Criteria for distributing competence between the Colombian Pension Administrator (Colpensiones) and the Management Unit of Pensions and Parafiscal Contributions (UGPP) in the case of former affiliates of Cajanal

Legal Issue 1: What is the main criterion for determining whether the UGPP or Colpensiones should assume the recognition of a pension in the case of former affiliates of the National Pension Fund (Cajanal)?

Legal Issue 2: What other rules of competence have been used by the Consultation and Civil Service Chamber to determine whether the UGPP or Colpensiones should resolve a request for pension recognition in the case of former affiliates of Cajanal who are beneficiaries of the transitional regime provided for in Law 100 of 1993?

2.6. Pension quotas or quotas parts

Legal Issue 1: What is meant by "pension quotas" or "quota parts of pensions," what is their function, and what is their normative support, before and after the General Pension System provided for in Law 100 of 1993?

Legal Issue 2: Which entity is currently competent to recognize, manage, and pay the "pension quotas" that were the responsibility of the National Pension Fund (Cajanal) and other public entities?

Legal Issue 3: Which entity is competent to recognize and pay the "pension quotas" that were the responsibility of the defunct Colombian Institute of Agrarian Reform (Incora)?

Legal Issue 4: Which entity is competent to manage the "pension quotas" that were the responsibility of the defunct Caprecom, in relation to former employees of Telecom?

Legal Issue 5: In which cases does the suppression of pension quotas between public entities operate, and in which does it not?

2.7. Subrogation of the retirement pension or pension sharing

Legal Issue 1: What does the phenomenon of the subrogation of the retirement pension or pension sharing consist of?

Legal Issue 2: Which authority is competent to recognize and pay a benefit that depends on the pension if the phenomenon of pension sharing occurs?

2.8. Competencies of territorial pension funds for the recognition and payment of pensions

Legal Issue 1: What is the main criterion established by the Chamber for the recognition and payment of pensions by territorial pension funds?

Legal Issue 2: When is it the responsibility of territorial entities to recognize pensions whose payment is attributed to the respective territorial pension fund?

Legal Issue 3: Which authority is responsible for recognizing and paying the pension when the person met the service time requirement while affiliated with the territorial pension fund, but, upon reaching the age specified for acquiring the right to the pension, was affiliated with another pension administrator?

Legal Issue 4: Which authority is competent to recognize and pay the pension of persons transferred to another pension administrator due to the insolvency declaration of the territorial pension fund to which they were affiliated if, at the time of transfer, they did not yet meet the age and service time requirements for acquiring the pension?

2.9. Competencies of the National Public Pensions Fund (FOPEP)

Legal Issue 1: Can FOPEP autonomously determine which deductions are applicable to the pension payments it makes, regardless of the instructions issued or to be issued by the UGPP?

Legal Issue 2: Is FOPEP competent to calculate the actuarial value to transfer the reserve or resources that allow the financing of the recalculation of disability pensions recognized during the existence of the ISS?

2.10. Recognition and payment of survivors' pensions or pension substitution

Legal Issue 1: What are the criteria established by the Chamber to determine competence for the recognition of survivors' pensions for the death of persons who consolidated their pension rights with Law 71 of 1988 (pension by contributions) as beneficiaries of the transitional regime?

Legal Issue 2: What regulations govern the survivors' pension for personnel favored by the special regime of the National Penitentiary and Prison Guard Corps, Law 32 of 1986 (twenty years of service, regardless of age)?

Legal Issue 3: What are the criteria established by the Chamber to determine the competence of the UGPP or Colpensiones to resolve requests for survivors' pensions submitted by beneficiaries of personnel favored by the special regime of Law 32 of 1986 (National Penitentiary and Prison Guard Corps)?

2.11. Recognition and payment of the family pension

Legal Issue 1: Do spouses or permanent partners who meet the required number of contribution weeks for the family pension but never affiliated with the General Pension System of Law 100 of 1993 have the right to this benefit?

Legal Issue 2: Which entity is competent to review a request for recognition and payment of the family pension for two spouses who never affiliated with the ISS or Colpensiones but with a departmental pension fund, later replaced by a territorial pension fund authorized to pay social benefits but not to recognize them?

2.12. Competencies of pension and severance fund administrators

Legal Issue 1: Can the Chamber resolve conflicts of administrative competence in which one of the parties is a pension and severance fund administrator?

Legal Issue 2: In what cases are pension and severance fund administrators competent to resolve requests for recognition and payment of pensions?

2.13. Pension regime for congressmen and competence of the Congress Social Security Fund (FONPRECON)

Legal Issue 1: In what cases does the Congress Social Security Fund have competence to resolve requests for recognition and payment of pensions for individuals in the transitional regime of Law 100 of 1993, with contributions to FONPRECON and other social security entities?

Legal Issue 2: Which authority is competent to recalculate and pay the retirement or old-age pensions of individuals who, after being pensioned, temporarily renounce their benefit to serve as congressmen of the Republic?

2.14. Pension regime for public school teachers

Legal Issue 1: What criteria have been established by the Chamber regarding the authority competent to recognize the retirement pension of nationalized teachers?

Legal Issue 2: What criteria have been established by the Chamber to determine the authority competent to recognize the pension caused by the death of a nationalized teacher?

Legal Issue 3: What criteria have been established by the Chamber to determine the authority competent for the recognition and payment of the mid-year bonus provided for in Article 15, numeral 2, letter B, of Law 91 of 1989, as an addition to the retirement pension of a nationalized teacher?

Legal Issue 4: What criteria have been established by the Chamber to determine whether the teachers' grace pension is compatible with the retirement pension?

2.15. Pension liability of national public universities

Legal Issue: With the entry into force of Law 100 of 1993 and the subsequent issuance of Law 1371 of 2009, in what cases are national public universities responsible for recognizing and paying pensions through their respective funds?

2.16. Pension liability of territorial public universities

Legal Issue: With the entry into force of Law 100 of 1993, what pension liability is the responsibility of departmental public universities through the funds or accounts created for that purpose by these educational institutions?

2.17. Revocation of the administrative act that recognizes an earlier pension to grant a new pension

Legal Issue: What criteria have been established by the Chamber regarding the direct revocation of an earlier administrative act that recognized the pension issued by an authority that was not competent?

2.18. Competence for the recognition and payment of pensions of former employees of Sanitary Works Companies (EMPO)

Legal Issue: What are the authorities competent to recognize and pay the pensions of former employees of the former Sanitary Works Companies (EMPO) in accordance with Article 149 of Law 100 of 1993?

2.19. Special pension regime for Judicial Branch and Public Ministry employees who are beneficiaries of the transitional regime

Legal Issue: What is the special regime applicable to Judicial Branch and Public Ministry officials and employees when they are beneficiaries of the transitional regime?

2.20. Pension regime for notaries

Legal Issue: What has been the treatment given by the law to notaries and their employees regarding pensions?

2.21. Payment of the employer contribution by the defunct Administrative Department of Security (DAS)

Legal Issue: Which authority is competent to decide on the payment of the employer contribution that the defunct Administrative Department of Security (DAS) was required to make for the recalculation of a former DAS employee's pension, conducted by the UGPP?

2.22. Recognition of the pension for members of the Military Forces and the National Police

Legal Issue: In what cases does the pension regime for public employees of the Ministry of Defense and the National Police apply, Decree 1214 of 1990, and for members of the Armed Forces, Law 923 of 2004?

2.23. Special situation of a public servant whose employer(s) did not make pension contributions

Legal Issue: What is the legal situation of an applicant who always worked in the public sector and was affiliated with the Defined Benefit Average Premium Regime, but one or more of their employers did not make pension contributions?

2.24. Competence for the recognition of pensions, pension bonds, and quotas for former employees of the Coffee Bank

Legal Issue: Which entity should review and resolve a request for the recognition of an old-age pension, and the issuance and payment of a pension bond or the corresponding quota for the time worked by an individual in the Coffee Bank in liquidation?

2.25. Special regime for individuals working in high-risk activities: INPEC and radiology staff

Legal Issue 1: What is the special regime applicable, regarding old-age pensions, to individuals working in high-risk activities?

Legal Issue 2: What does the special transitional regime for pensions corresponding to high-risk activities consist of?

Legal Issue 3: What is the special regime for pensions applicable to the surveillance and custody staff of the National Penitentiary and Prison Institute (INPEC)?

Legal Issue 4: What is the special pension regime applicable to radiology staff?

2.26. Competence for the recognition and payment of pensions and pension bonds for individuals who worked in health sector institutions

Legal Issue 1: What authorities are responsible for the pension liability of public servants who worked in health sector institutions?

Legal Issue 2: Which authority is competent to resolve requests for pension recognition and payment filed by individuals who worked in public hospitals without legal personality?

2.27. Recognition and payment of funeral assistance

Legal Issue 1: What is the origin and legal nature of funeral assistance?

Legal Issue 2: Who is entitled to claim funeral assistance, and what are the requirements for requesting this benefit?

Legal Issue 3: Which authorities are competent to recognize funeral assistance?

2.28. Labor regime of Colombia's commercial attachés abroad

Legal Issue: Which entity should assume, for benefits purposes, the time worked by Colombia's commercial attachés abroad and make the respective payments?

2.29. Authorities competent to issue employment history or information certificates required for pension rights recognition

Legal Issue 1: Which entity should issue the employment information certificates that an individual needs to process the recognition of a pension right, and what information should these documents contain?

Legal Issue 2: Which authority is competent to issue employment history certificates for Colombia's commercial attachés abroad?

2.30. Competence for the recognition and payment of pension bonds or quota parts of pension bonds

Legal Issue: What is the concept of a pension bond, and who are the authorities competent to issue it?

2.31. Competence to resolve requests for recognition of reinforced labor stability submitted by judicial servants

Legal Issue: Which authority is competent to resolve a request for recognition of reinforced labor stability submitted by a judicial servant?

Conclusions

CHAPTER THREE UNIFIED CRITERIA IN CONFLICTS OF ADMINISTRATIVE COMPETENCE IN FAMILY MATTERS

Presentation

3.1. Terms in the Administrative Process of Rights Restoration (PARD). Calculation, expiration within the administrative process, suspension

Legal Issue 1: How are terms calculated in the Administrative Process of Rights Restoration (PARD)?

Legal Issue 2: What are the effects of term expiration within the administrative process in the Administrative Process of Rights Restoration (PARD)?

Legal Issue 3: Does the suspension of terms decreed by the Colombian Institute of Family Welfare (ICBF) due to the Covid-19 pandemic and health emergency apply to the Administrative Processes of Rights Restoration (PARD) conducted by Family Commissioners?

3.2. Protective measures ordered in the Administrative Process of Rights Restoration (PARD). Role of the Zonal Center Coordinator

Legal Issue: What is the role of the respective Zonal Center Coordinator in monitoring the protective measures ordered in the Administrative Process of Rights Restoration (PARD)?

3.3. Permits for a minor to leave the country

Legal Issue: What are the criteria for determining the authority that should grant permits for a minor to leave the country?

3.4. Conflicts of administrative competence that arise in the Administrative Process of Rights Restoration (PARD) under Law 1878 of 2018

Legal Issue: What are the rules of competence for the Consultation and Civil Service Chamber to resolve conflicts of administrative competence that arise in the PARD with the entry into force of Law 1878 of 2018?

3.5. Domestic violence

Legal Issue 1: What are the differentiating criteria of competence in matters of domestic violence between family defenders and family commissioners?

Legal Issue 2: With the entry into force of Law 2126 of 2021, which authority is competent to handle cases involving sexual abuse within the context of domestic violence?

3.6. Declaration of adoptability of a minor

Legal Issue 1: When is the family defender, as an administrative authority, competent to declare a minor adoptable?

Legal Issue 2: When is the family judge, as an administrative authority, competent to declare a minor adoptable?

3.7. Nullity in the Administrative Processes of Rights Restoration

Legal Issue 1: At what point does the competence of the administrative authorities or the judge to declare nullities and remedy errors in the administrative processes of rights restoration in favor of children and adolescents arise, as well as to resolve their legal situation substantively?

Legal Issue 2: Once nullity has been declared by the judge, what is their competence regarding the PARD?

Legal Issue 3: What is the term for the judge to resolve the legal situation of children and adolescents once nullity has been declared, and what actions can they take?

3.8. Exception of unconstitutionality in the Administrative Process of Rights Restoration (PARD). Applicability

Legal Issue: How and under what circumstances does the exception of unconstitutionality apply in the Administrative Process of Rights Restoration (PARD)?

Conclusions

CHAPTER FOUR UNIFIED CRITERIA IN CONFLICTS OF ADMINISTRATIVE COMPETENCE IN MATTERS OF INSPECTION, SURVEILLANCE, AND CONTROL

Presentation

4.1. Activities related to the construction and sale of properties intended for housing. Seizure and conflict between different municipalities

Legal Issue 1: Which authority is competent to exercise, currently, the function of inspection, surveillance, and control of activities related to the construction and sale of properties intended for housing, and what is the scope of this function?

Legal Issue 2: Which authority is competent, and how to apply the seizure measure in the exercise of the function of inspection, surveillance, and control of activities related to the construction and sale of properties intended for housing when the individual or entity under intervention operates in different municipalities?

4.2. Non-profit entities with civil legal personality (churches)

Legal Issue: Which authority is competent to exercise the function of inspection, surveillance, and control over churches that operate as non-profit entities with civil legal personality?

4.3. Public limited companies (clubs with professional athletes) that are also stock market issuers

Legal Issue: Which authorities exercise the competence of inspection, surveillance, and control over clubs with professional athletes organized as public limited companies that are also stock market issuers?

4.4. Agricultural entities, agricultural and livestock guilds, and national peasant organizations

Legal Issue: Which authority is competent to exercise the functions of inspection, surveillance, and control over agricultural entities, agricultural and livestock guilds, and national peasant organizations?

4.5. Public utility companies

Legal Issue: Which authority is competent to exercise the functions of inspection, surveillance, and control over public utility companies?

4.6. Entities providing health services. Shareholder registry book

Legal Issue: Which authority is competent to decide substantively on a request for the cancellation of registration made in the shareholder registry book of a company operating as a Health Promoting Company (EPS) and other corporate petitions?

4.7. Port service companies

Legal Issue: Which authority is competent to exercise the function of inspection, surveillance, and control over port service providers?

4.8. Actors in the gambling sector

Legal Issue: Which authority is competent to exercise the function of inspection, surveillance, and control of the activities of collection and application of the resources of the gambling monopoly that must be allocated to the health sector?

4.9. Foreign non-profit entities with permanent operations in Colombia

Legal Issue: Which authority is competent to exercise the function of inspection, surveillance, and control over foreign non-profit entities with permanent operations in Colombia?

4.10. Public television service

Legal Issue: Which authority is competent to exercise the function of inspection, surveillance, and control over the sanctioning processes related to the public television service?

4.11. Lieber Colombia (formerly Uber)

Legal Issue: Which authority is competent to exercise inspection, surveillance, and control over Lieber Colombia (formerly Uber)?

Conclusions

CHAPTER FIVE UNIFIED CRITERIA IN RESIDUAL ADMINISTRATIVE COMPETENCE CONFLICTS

Presentation

5.1. Fiscal control of public lighting management

Legal Issue: Which authority is competent to exercise fiscal control over resources from public lighting?

5.2. Fiscal control of resources originating from the Nation or the General Participation System

Legal Issue: Which authority is competent to exercise fiscal control over resources from the General Participation System?

5.3. Fiscal control of resources from the General Royalties System

Legal Issue: Which authority is competent to exercise fiscal control over resources from the General Royalties System?

5.4. Public merit competitions in territorial comptroller offices

Legal Issue: Which authority is competent to call for public merit competitions to fill career positions in territorial comptroller offices that are vacant?

5.5. Environmental licenses for the construction and operation of sanitary landfills

Legal Issue: Which authority is competent to grant environmental licenses for the construction and operation of sanitary landfills?

5.6. Administrative competence conflicts between entities belonging to the National Environmental System (SINA)

Legal Issue: Which authority is competent to resolve administrative competence conflicts between entities belonging to the National Environmental System (SINA)?

5.7. Environmental sanctioning process for tree felling in indigenous territories

Legal Issue: Which authority is competent to conduct environmental sanctioning processes in indigenous territories?

5.8. Social taxes on firearms, ammunition, and explosives

Legal Issue: Which authority is competent to resolve a request for the refund of the tax on firearms, ammunition, and explosives?

5.9. Administrative matters originating in municipalities subject to territorial reorganization

Legal Issue: Which authority is competent to certify employment information for obtaining pension rights of a teacher who worked in a municipality that initially formed part of one department but, as a result of territorial reorganization, became part of a different department?

5.10. Technical equivalence between ancient or customary agricultural land measures and units of the International System of Units

Legal Issue: Which entity is competent to establish the equivalence between ancient or customary agricultural land measures and units of the International System of Units (SI)?

5.11. Security assessment for threatened or at-risk individuals

Legal Issue: Which entity is competent to guarantee the security of a person who has received threats against their life and has also been a victim of forced displacement?

5.12. Enforcement of administrative processes for collecting fines for violations of the National Narcotics Statute

Legal Issue: Which entity is competent to conduct enforcement processes for collecting fines imposed in judicial processes for violations of the National Narcotics Statute?

5.13. Cancellation of protection measures for real estate registered in the Unique Registry of Abandoned Properties and Territories (RUPTA)

Legal Issue: Which authority is competent to hear the cancellation of protection measures for real estate registered in the Unique Registry of Abandoned Properties and Territories (RUPTA)?

5.14. Boundary rectification of vacant lands

Legal Issue: Which authority is competent to hear boundary rectification processes for vacant lands?

5.15. Recognition of special indigenous jurisdiction

Legal Issue: Can a Regional Autonomous Corporation sanction a member of an indigenous community for violating environmental norms, despite the fact that the indigenous individual had already been sanctioned by their community for the same acts?

5.16. Popular territorial consultations on mining matters. Inhibition of the Consultation and Civil Service Chamber

Legal Issue: Do territorial entities have the authority to conduct municipal popular consultations on the exploitation of non-renewable natural resources such as mining activities?

5.17. Legal transitional regimes due to the suppression and creation of public entities

Legal Issue: What are the rules for the subrogation of contracts from the Colombian Geological Service (SGC) to the National Mining Agency (ANM)?

5.18. Competence conflicts between authorities or departments belonging to a common administrative structure

Legal Issue: Which authority is competent to resolve competence conflicts between departments of the same authority or those that belong to a common administrative structure?

Conclusions

CHAPTER SIX THE CONTRIBUTIONS OF THE CONSULTATION AND CIVIL SERVICE CHAMBER FOR CAPITAL CITIES

Presentation

6.1. Competence to conduct disciplinary processes

6.2. Competence to decide on disqualifications and recusals

6.3. Competence conflicts over the fiscal control of resources from the General Participation System

6.4. Competence conflicts for environmental licenses

6.5. Competence conflicts to decide on the request for prescription of the action to collect the "environmental surcharge"

6.6. Competence conflicts to decide on the request to postpone the implementation of the cadastral update

Conclusions

Bibliography