Responsabilidad patrimonial de los servidores públicos por lá expedición de actos administrativos – ordenanzas y acuerdos – declarados nulos por la jurisdicción contencioso administrativa

Pecuniary responsibility of public servants of provincial assemblies and municipal councils for the issuance of administrative acts such as ordinances and municipal agreements declared null by the contentious administrative jurisdiction

Abstract

The territorial entities make a large investment of public resources to achieve the materialization of administrative acts that regulate the development of the municipality or department. However, on many occasions, the functions of provincial assemblies and municipal councils are exercised in a deficient manner without some kind of legal consequence against such members of public corporations of popular choice. Thus, the article has as a general objective to determine, from a qualitative approach through documentary analysis, the existence of a pecuniary responsibility of public servants of provincial assemblies and municipal councils for the issuance of administrative acts such as ordinances and municipal agreements declared null by the Contentious-Administrative jurisdiction. Furthermore, it is intended to identify which are the public servants and individuals who exercise public functions and intervene in the process of formation of administrative acts and To analyze how the right of recovery is the ideal way of control within the Jurisdiction to impute property liability, concluding that the figure of the right of recovery is ideal but inoperative, for which a number of normative and judicial solutions are proposed.