Suspension in Prevention as a Precautionary Measure in Administrative Law Litigation

• Main Author: Julieta Arenas Ceballos
• Format: Article
• Language: Spanish
• Published: Universidad Sergio Arboleda 2009-06-01
• Series: Civilizar
• Subjects: Administrative Law Litigation; precautionary measures; effective judicial protection; judicial precautionary protection; temporary suspension and suspension in prevention
• Online Access: http://www.usergioarboleda.edu.co/civilizar/civilizar-16/suspension-repeticion.pdf

The suspension in prevention, as a precautionary measure in administrative law litigation in Colombia, in its first bill was established as an action, by which, citizens who had serious evidence that they were going to be illegal or unconstitutional actions or operations to their detriment, they could prevent such actions or operations from happening by means of Administrative Law litigation. This was established by Article 153 of the C.C.A, (Colombian Administrative Statute) included in the Extraordinary Decree 01 of 1984, in Title XVII of the provisional suspension. This tool was essentially a precautionary measure that prevented an unconstitutional or illegal administrative action, not subject to any other legal action, from happening, and its purpose was to prevent any harm that would result from such action. It was different from other protection measure of temporary suspension in which the action had already happened and such action was already producing effects.The suspension in prevention was revoked after a short period of judicial enforcement, resulting in a legal emptiness caused by the absence of this important procedural protection tool that allowed citizens to preventively stop administrative actions against the Constitution or the law.Finally, such suspension affects the constitutional development of effective judicial protection, specifically as it relates to precautionary measures in administrative law litigation, issue that is to be hugely developed in the Colombian legal system.