Actualización del manual comentado y concordado de derecho disciplinario-Ley 734 del 2002

Abstract

This work contains the commented and agreed update of a manual of Disciplinary authority to December of 2005, which serves as instrument for the regulation of the relations between the State and the people who serve their to he himself, it has always been a permanent restlessness of the legislator who has tried to settle down precise ones and concrete limits to the faculties of the administration as opposed to those who serve, as well as to the rights, duties and obligations of these employees towards its employer. The Constitution of 1991 I include great changes in the relations between the State and the servants public, generating with it the necessity to update the norms in disciplinary matter they existed, thus to obtain greater effectiveness of the same ones according to the conception of a modern democratic State, worried about the moralizaty of its public administration, entailing to the expedition of Law 200 of 1995, that I constitute the first Disciplinary Unique Code, except a the servants of the troopses. Despite the previous thing, the Code left to some emptinesses that soon began to generate problems in its application, which, together with the great amount of failures in his against by the Honorable Constitutional Court, they did that the norm soon became obsolete and was required, as soon as possible, the sprouting of a new norm that contemplated the reality of the situation of the country and served as tool of control the state servant. The new disciplinary norm leaves some doubts as far as its application latent, the constant remission that in the matter of rights, duties and lack made the other normativity and on the real observance of the constitutional jurisprudence on the matter. In these conditions, and after a judicious discussion in the Congress of the Republic, the law 734 arises from 2002 that reunites most of suggestions, annotations and doubts that existed around the application of the disciplinary law, as well as the jurisprudence and you order shaped in the different sentences from the Honorable Constitutional Court. It is as well as with the present work it is tried to update a manual agreed and commented of disciplinary authority that was elaborated in 2003, like work to choose for a reason or purpose of lawyer of students of the faculty of right of the Envigado university institution of. In order that it is a tool of easy consultation for all the interested ones in the subject like professors, students, servants public, judicial civil employees, lawyers and in general all the anxious people by the disciplinary authority. The previous work, it includes/understands an analysis and update to the main changes made to the new Unique Disciplinary Code, as well as its agreement with other norms and the application of the nourished constitutional jurisprudence on the subject, of way so that it is constituted in didactic manual for the servants a public and those who have some special interest in the content of he himself, allowing somehow, to have one better understanding on the main changes and consequences of such. It is not tried to reproduce 2002 law 734, to only make a judicious commentary to the most important and controverted aspects of the norm in comment, as well as to establish interpretation rules that go agreed with the directives of the General Office of the judge advocate general of the Nation and the jurisprudence of the Honorable Constitutional Court.