Organization of the Colombian State

Organization of the Colombian State

• The basic principles of its organization are the separation of powers, the distinction between a unitary v federal state, and political centralization and administrative decentralization.

Separation of Powers

• The separation of powers is fundamental to democracy.
• In Colombia it has 2 contents:
  • Static: Precise delimitation of powers, recognition of the autonomy and independence of the branches.
  • Dynamic: The need to articulate the functions between these branches to achieve the adequate fulfillment of the essential ends of the State, and to prevent excesses.

Distinction Between Unitary and Federal State

• Considering that the power of the State separates into branches, distribution among the different levels may be necessary.
• Federal State: An association of states under a single power but which in some ways retain their independence.
• Unitary State: A central government is based in the capital city and presides over the entire territory, it may be centralized or decentralized.

Political Centralization and Administrative Decentralization

• Political centralization is the supreme command, it occurs in all branches of legislation, in the administration of justice, and in political decisions that have force for the entire national geographic space.
• Administrative functions are shared with the different territorial levels.

Characteristics of the Colombian State

• According to Article 1 of the Political Constitution of Colombia: It is a social State of law, organized as a unitary, decentralized republic, with autonomy of its territorial entities, democratic, participatory, and pluralistic, founded on respect for human dignity, work and solidarity of its members and the prevalence of general interest.
• The State Social of Right assures respect, guarantee, and integral realization of all human rights, to ensure it acts searching for solutions for the population.
• A Unitary Republic with Decentralization features the centralization of Political Power with a transfer of competences.
• Autonomous Territorial entities, such as departments, districts and municipalities govern under their own authorities, establish taxes and administer resources to fulfill their functions.
• A Democratic, Participatory and Pluralistic State means that the sovereignty resides in the people, promoting their participation as citizens to elect and be elected.

Administrative Function

• It is the body of activities carried out by public authorities and by some individuals authorized by the State; is part of the Executive or Administrative Branch.
• According to article 209 of the Constitution, it serves the general interests and develops with foundations in the principles of equality, morality, efficiency, the economy, celerity, impartiality and publicity through decentralization, delegation and de-concentration of functions.

De-concentration

• The relocation of competences and functions to dependencies located outside the headquarters of the agency or entity, without prejudice to the powers and duties of guidance and instruction that corresponds to the superiors of the Administration (article 8, Law 489/1998).
• Some characteristics:
  • The functions remain in the hands of national organizations and entities.
  • Some are carried out by representatives of these organizations.
  • It does not generate legal status.
  • It has its own assets and administrative autonomy.
• Types:
  • Territorial: Transfers functions from the capital city to other cities in the country.
  • Hierarchical or functional: When a specific function is granted directly to a certain authority by law, even if it originally corresponds to another authority.

Delegation

• It consists of the transfer of the exercise of functions from the administrative authorities to collaborators or other authorities, with similar or complementary functions.
• It is carried out through a document called delegation, which states which functions are delegated.
• It can occur between natural or legal persons (entities).
• There is a person who delegates (the delegator) and another person to whom it is delegated (the delegatee).
• Delegation exempts the delegator from responsibility, which falls on the delegatee (article 211 of the Constitution).

Decentralization

• This consists of the transfer of powers and/or administrative functions and resources to public people created by the central government, so they can exercise in their name and under their own responsibility.
• It grants competencies and functions that are proper of the entity that is decentralized.
• Unlike de-concentration, where the Nation transfers functions through an agent while in decentralization, faculties ("competencies") and specific tasks ("functions") are granted or transferred.
• These functions are detached from the central scale of the Government (the Nation) so that another public legal person, either territorial or by service, can fulfill them.
• 2 Types:
  • Specialized or by Services: Transfer of powers and/or functions and resources, to a public person of a technical or specialized nature.
    • This refers to public establishments, industrial and commercial companies of the State, and mixed economy companies.
  • Territorial: Transfer of powers and/or functions and resources to a public person who exercises their jurisdiction over a section of the State's territory.
    • This refers to departments, districts and municipalities.