Conciliation in Columbian administrative law
Jean GAUDEMET - Professor
José-Luis BENAVIDES - Professor (université Externado de Colombie)
Cyril GRIMALDI - Professor (université Paris 13)
Camille BROYELLE - Professor (université Paris 2 Panthéon-Assas)
Colombia has experienced a period of transformation in the last two decades. Adoption of the 1991 Constitution resulted in normative and institutional reforms. Among them, the Constitution gives lawful status to alternative conflict resolution and establishes la tutela as a constitutional protective mechanism and a catalog of fundamental rights. The development of conciliation under Colombian administrative law begins in this context, and the will of the government is expressed clearly in several legal reforms enacted since 1991 to promote this mechanism.
Conciliation is characterized as an instrument organized and regulated by rules. However, this does not guarantee its effectiveness. External factors influence its functioning. Conciliation under Colombian administrative law continues to be a concept that is inadequately understood by the parties and the conciliator. Moreover, this kind of conciliation is subject first to special formalities and secondly, to specific situations in Colombian society such as violence, social inequality and corruption. These circumstances have direct consequences on the proper functioning of conciliation and justified the formalities imposed on it to protect public property.
The latest legal reforms on conciliation under Colombian administrative law are intended to make it an effective mechanism and one that can be used to resolve conflicts on a large scale. However, this requires a change of mind on the part of everyone, because conciliation under Colombian public law imposes not only a legal system for its implementation, but also a conciliatory culture that does not exist in Colombia and is in the process of being constructed.