Efectos de la nulidad de la Ordenanza 044 de 1994 del departamento de Antioquia en la elección de gerentes de entidades sociales del Estado

Abstract

The election of the managers or directors of State Social Entities, analyzed from a social rather than an individual perspective, can be conceived as the basis for the administration of these institutions to be adequately provided. That is why, with this research work seeks to determine the importance of merit in their choice, which is why this principle will be addressed not only as one of the objectives of the administrative career but as the basis to determine that, those who are appointed through a merit contest will have within these institutions a management that promotes the provision of the health service effectively and efficiently. For this, a normative analysis of the background that gave rise to the present investigation will be carried out, that is, the issuance of Ordinance 044 of 1994 by the Departmental Assembly of Antioquia that, after its declaration of nullity, generated a limbo regarding of the juridical nature of the hospitals and, therefore, in the appointment of the managers or directors through a merit public contest, a situation that apparently was clarified with the promulgation of the Law 1797 of 2016 when providing that, the appointment of the directors of said entities will be carried out by the heads of territorial entities. This decision led to the analysis of a possible transgression of the merit principle as a basis for access to public office and the consequences of that omission.