LAW 393 OF 1997 (July 29) Official newspaper Not. 43.096, of 30 of July of 1997 By which develops the article 87 Of the Political Constitution.
You NOTE OF FORCE:
1. It declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judge Speaker Dr. Antonio Barrier Carbonell and Hernando Blacksmith Vergara as soon as himself did not configure the vice of procedure alleged.
THE CONGRESS OF COLOMBIA, It DECREES: I ARTICULATE 1o. OBJECT. Every person will be able to respond before the judicial authority defined in this Law to do cash the fulfillment of applicable norms with material force of Law or Administrative Acts.
Constitutional cut
- By means of Sentence C-575-98 Of October 14 of 1998, Judge Speaker Dr. José Gregorio Hernández Galindo, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98.
- By means of Sentence C-158-98 Of 29 of April of 1998, Judge Speaker Dr. Vladimiro Naranjo Table, the Constitutional Cut declared he be been to the resolved thing in the Sentence C-157-98.
- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
I ARTICULATE 2o. PRINCIPLES. It presented the demand, the procedure of the Action of Fulfillment will develop in form oficiosa and in accordance with the principles of publicity, prevalence of the substantial right, economy, speed, efficacy and arbitrariness.
Constitutional cut
- By means of Sentence C-193-98 Of 7 of May of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98. - Clause 2o. declared INEXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
Original text of the Law 393 of 1997:
I ARTICULATE 3o. COMPETENCE. Of the actions directed al fulfillment of norms with material force of Law or Administrative Act, will know in the first instance the Administrative Judges with competence in the residence of the accionante. In second instance will be competent the Administrative Quarrelsome Court of the Department al which the Administrative Court belong. PARAGRAFO. The Actions of Fulfillment that know the Counsel of State, they will be resolved by the section or subsección of the Room of Administrative the Quarrelsome thing of which cause splits the Counselor to whom correspond in distribution. His procedure will be done through the corresponding Office of the secretary. The distribution will be performed for the President of the Corporation, among all the Judges that conform the Room of Administrative the Quarrelsome thing, in egalitarian form. PARAGRAFO TRANSITORY.
Constitutional cut
- By means of Sentence C-575-98 Of October 14 of 1998, Judge Speaker Dr. José Gregorio Hernández Galindo, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98.
- By means of Sentence C-193-98 Of 7 of May of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98.
- Article declared EXEQUIBLE, save the aside tachado that is declared INEXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
I ARTICULATE 4o. HOLDERS OF THE ACCION. Any person will be able to exercise the Action of Fulfillment set against norms with material force of Law or Administrative Acts.
- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-893-99, by means of Sentence C-651-03 Of 5 of August of 2003, Judge Speaker Dr. Rodrigo Escobar Gil.
The same Sentence declared EXEQUIBLE the expressions in italics, in relation to the charges analyzed in the part motivates of the sentence.
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-893-99 10 of November of 1999, Judge Speaker Dr. Alejandro Martínez young Man.
Also they will be able to exercise the norms Fulfillment Action with material force of Law or Administrative Acts: A) The Public Servants; especially: the General Proxy of the Nation, the Provincial, Regional, and Delegated Proxies, the Defender of the Town and their delegates, the Municipal Spokespersons, the Contralor General of the Republic, the Contralores Departmental, Local and Municipal.
Constitutional cut
- Aside it underlined of the literal one a) declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-158-98 Of 29 of April of 1998, Judge Speaker Dr. Vladimiro Naranjo Table.
B) The Social Organizations. C) The not Governmental Organizations. I ARTICULATE 5o. AUTHORITY PUBLISHES AGAINST WHO is DIRECTED.
Constitutional cut
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-893-99 10 of November of 1999, Judge Speaker Dr. Alejandro Martínez young Man.
- By means of Sentence C-193-98 Of 7 of May of 1998, Barrier Dres.Antonio Speakers Judges Carbonell and Hernando Blacksmith Vergara, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98. - By means of Sentence C-158-98 Of 29 of April of 1998, Judge Speaker Dr. Vladimiro Naranjo Table, the Constitutional Cut declared he be been to the resolved thing in the Sentence C-157-98.
- Aside tachado declared INEXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
If against who the action is directed is not the authority obliged, that should report it al Judge that deals with the Action, indicating the authority to whom its fulfillment corresponds. In case of doubt, the process will continue also with the authorities regarding which the Action to its termination is exercised. In every case, the Judge of fulfillment should notify to the authority that comply al legal code, have competence for complying with the to should omitted. I ARTICULATE 6o. ACCION OF FULFILLMENT AGAINST INDIVIDUALS. The Action of Fulfillment will proceed against actions or omissions of individuals that imply the breach of a norm with material force of Law or administrative Act, when the individual act or should act in exercise of public functions, but only for the fulfillment of the same. In the event contemplated in this article, the Action of Fulfillment will be able to be directed against the individual or against the competent authority to impose him said fulfillment al private.
Constitutional cut
- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-893-99, by means of Sentence C-651-03 Of 5 of August of 2003, Judge Speaker Dr. Rodrigo Escobar Gil.
The same Sentence declared EXEQUIBLE the expressions in italics, in relation to the charges analyzed in the part motivates of the sentence.
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-893-99 10 of November of 1999, Judge Speaker Dr. Alejandro Martínez young Man.
I ARTICULATE 7o. EXPIRATION. As a general rule, the Action of Fulfillment will be able to be exercised in any time and the sentence that put an end al process will do traffic to judged thing, when the to should omitted fuere of those in which the faculty of the unwilling authority is exhausted with the execution of the first act. But if the to should omitted fuere of those whose fulfillment can be demanded simultaneously before several authorities or in different opportunities in the time, will be able to return to be tried without any limitation. Nevertheless will be improper by the same facts that already hubieren been determined and in the environment of competence of the same authority. I ARTICULATE 8o. PROCEDIBILIDAD. The Action of Fulfillment will proceed against every action or omission of the authority that break or execute acts or facts that permit to deduce imminent breach of norms with force of Law or Administrative Acts. Also it will proceed against actions or omissions of the individuals, according to it established in the present Law.
- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-893-99, by means of Sentence C-651-03 Of 5 of August of 2003, Judge Speaker Dr. Rodrigo Escobar Gil.
The same Sentence declared EXEQUIBLE the expressions in italics, in relation to the charges analyzed in the part motivates of the sentence,
- Aside it underlined "inmiente" declared EXEQUIBLE by the Constitutional Cut by means of Sentence C- 010-01 Of 17 of January of 2001 of Judge Speaker Dr. Fabio Morón Díaz.
- Aside it underlined and in italic "with force", declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-893-99 10 of November of 1999, Judge Speaker Dr. Alejandro Martínez young Man.
Constitutional cut
- Clause 2o. declared EXEQUIBLE with respect to the charges analyzed, save the expression tachada that is declared INEXEQUIBLE by the Constitutional Cut by means of Sentence C-1194-01 Of 15 of November of 2001, Judge Speaker Dr. Manuel José Cepeda Thorny.
Also it will proceed for the fulfillment of norms with force of Law and Administrative Acts, which will not exclude the exercise of the popular action for the repair of the right. I ARTICULATE 9o. IMPROCEDIBILIDAD.The Action of Fulfillment will not proceed for the protection of rights that they can be guaranteed by means of the Action of Protects.In these events, the Judge will give to the request the corresponding procedure al right of Protects.
Constitutional cut
- Aside it underlined declared EXEQUIBLE, by the charges analyzed, by the Constitutional Cut by means of Sentence C-1194-01 Of 15 of November of 2001, Judge Speaker Dr. Manuel José Cepeda Thorny. It will neither proceed when the affected have or have had another judicial instrument to achieve the effective fulfillment of the norm or Administrative Act, save, that of proceed not the Judge, continue a serious and imminent damage for the accionante.
Constitutional cut
- Clause 2o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-193-98 Of May 7, 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
PARAGRAFO. The Action regulated in the present Law will not be able to pursue the fulfillment of norms that establish expenses.
Constitutional cut
- By means of Sentence C-193-98 Of 7 of May of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara, the Constitutional Cut declared be been to the resolved thing in the Sentence C-157-98.
- Parágrafo declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-157-98 Of 29 of April of 1998, Judges Speakers Dres. Antonio Barrier Carbonell and Hernando Blacksmith Vergara.
I ARTICULATE 10. CONTENT OF THE REQUEST. The request should contain: 1. The name, identification and place of residence of the person that establishes the action. 2. The decision of the norm with material force of Law or Administrative Act broken. If the Action falls on Administrative Act, should be included copy of the same one. Being trying verbal Administrative Act, should be enclosed test even summary of its existence. 3. A narration of the facts constituents of the breach. 4. Decision of the authority or private broken. 5. It tests of the reluctance, save it contemplated in the exception of the second clause of the article 8º Of the present Law, and that will consist of the demonstration to to have asked directly its fulfillment to the respective authority. 6. Request of tests and enunciation of the ones that intend to cause to be worth. 7. The demonstration, that is understood presented low gravity of the oath, of not to have presented another request with respect to the same facts or right before no other authority. PARAGRAFO. The request will also be able to be presented in verbal form when the solicitante know not read neither to write, be under age or be found in ituación of extreme urgency. I ARTICULATE 11. DEAL WITH PREFERENTIAL. The processing of the Action of Fulfillment will be in charge of the Judge, in rigorous shift, and will be substantiated with prelación, for which will postpone any matter of different nature, save the Action of Protects. When in the locality where itself present the Action of Fulfillment various judicial offices of the same hierarchy they function and specialty of that before which exercised, the same one will be submitted to distribution that the same day will be carried out and to the greater brevity. Once it carried out the distribution of the request of fulfillment will be remitted immediately al competent official. The terms are peremptory and improrrogables. I ARTICULATE 12. CORRECCION OF THE REQUEST. Inside the three (3) following days to the presentation of the demand the Judge of fulfillment will decide on its admission or refusal. If the request careciere of some of the requirements indicated in the article 10 will be prevented al solicitante so that correct it in the term of two (2) days. If it not hiciere inside this term the demand will be rejected. In the event that contribute not the test of the fulfillment of the requirement of procedibilidad that treats the second clause of the article 8o, unless be a matter of the exception there contemplated, the refusal will proceed outright. If the request fuere verbal, the Judge will proceed to correcting it in the act with the additional information that provide it the solicitante. I ARTICULATE 13. CONTENT OF THE CAR ADMISORIO. Inside the three (3) following days to its presentation, the Judge will decide on its admission. Of it to be admitted, the Judge will order its personal notification al demanded and the delivery of a copy of the demand and its anexos inside the three (3) following days to the admission. If not fuere possible, the Judge will be able to resort to the telegraphic communication or to any another middle that guarantee the right of defense. The car will also report that the decision will be proferida inside the twenty (20) following days to the admission of the request of fulfillment and that has the right to be done part in the process and to gathered tests or to request its practice, inside the three (3) following days to the notification. I ARTICULATE 14. NOTIFICATIONS. The providences will be notified for state that will be set al following day of proferidas and they will communicate for telegraphic way, save it prescribed in the articles 13 and 22. I ARTICULATE 15. IMMEDIATE FULFILLMENT. In development of the Constitutional principle of the prevalence of the substantial right on the procesal, the Judge that know of the request will be able to order the fulfillment of the to should omitted, dispensing with any formal consideration, whenever the failure melts in a middle of test of which a serious or imminent can be deduced violation of a right by the breach of the contained duty in theUnless in the term of transfer the demanded have done use of its right to ask tests. I ARTICULATE 16. RESOURCES. The providences that be dictated in the procedure of the Action of Fulfillment, with exception of the sentence, they will lack any resource, unless be a matter of the car that deny the practice of tests, which admits the resource of reinstatement that should be interposed al following day of the notification by state and resolved to more delay al following day. I ARTICULATE 17. REPORTS. The Judge will be able to require reports al private or to the public authority against who there be themselves done the request and in the case of administrative actions to ask the expedient or the documentation where the antecedents of the matter be evident. The unwarranted omission in the shipment of those tests al Judge will lead to disciplinary responsibility. The time limit to report will be of one (1) to five (5) days, and will be set as be the kind of the matter, the distance and the rapidity of the media of communication. The reports are considered yielded under the gravity of the oath. I ARTICULATE 18. SUSPENSION OF THE DEAL WITH. The procedure of the Action of Fulfillment whose purpose be to do cash an Administrative Act, will be suspended to so much himself not profiera final decision, in the event in which in a process of nullity under way have itself decreed the provisional suspension of the act broken. I ARTICULATE 19. TERMINACION ANTICIPATED. If being under way the Action of Fulfillment, the person against who there be itself directed the Action I will develop the conduct required by the Law or the Administrative Act, will be given for finished the procedure of the action dictating car in which such circumstance will be declared and will be condemned in coasts, without damage of the arranged thing in the article 24 of this Law. I ARTICULATE 20. EXCEPCION OF UNCONSTITUTIONALITY. When the breach of norm with force of Law or Administrative Act be originating from the exercise of the exception of unconstitutionality, the Judge of fulfillment should resolve the matter in the sentence. The previous thing without damage that the Judge apply it unofficially. PARAGRAFO. The it broken he will not be able to allege the exception of unconstitutionality on norms that have been object of analysis of exequibilidad by the Counsel of State or the Constitutional Cut, as be the case.
Constitutional cut - By means of Sentence C-492-00 Of 4 of May of 2000, Judge Speaker Dr. Alejandro Martínez young Man, the Constitutional Cut declared he be been to the resolved thing in the Sentence C-600-98.
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-893-99 10 of November of 1999, Judge Speaker Dr. Alejandro Martínez young Man.
- Article declared EXEQUIBLE, "only in the terms of the sentence" by the Constitutional Cut, by means of Sentence C-600-98 Of October 21 of 1998, Judge Speaker Dr. José Gregorio Hernández Galindo.
I ARTICULATE 21. CONTENT OF THE FAILURE. It concluded the phase probatoria, if there be it, the Judge will dictate failure, the one that should contain: 1. The identification of the solicitante. 2. The decision of the obligation broken. 3. The identification of the authority of whom originate the breach. 4. The order to the unwilling authority to comply the to should omitted. 5. Peremptory time limit for the fulfillment of the resolved thing, that will not be able to exceed of ten (10) work days, cash from the date in which remain ejecutoriado the failure. In the event that were necessary a greater term, the Judge will define it subject to sustentación in the part motivates of the sentence. 6. Order to the authority of pertinent control to advance the investigation of the case for penal or disciplinary effects of responsibilities, when the conduct of the broken thus require it.
Constitutional cut
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-010-01 Of 17 of January of 2001 of Judge Speaker Dr. Fabio Morón Díaz. 7. If place there be, the prison sentence in coasts. In the event of prosper not the pretensions of the actor, the failure will deny the petition notifying that it will not be able to be established new action with the same purpose, in the terms of the article 7º Of the present Law. I ARTICULATE 22. NOTIFICACION. The sentence will be notified to the parts in the form indicated in the Code of Civil Procedure for the providences that should they to be notified personally. I ARTICULATE 23. You REACH OF THE FAILURE. The fulfillment of the failure will not impede that it proceed against it who exercised the Action of Fulfillment, if the actions or omissions in which it incurred they generated responsibility. I ARTICULATE 24. INDEMNIZACION OF DAMAGES. The Action of Fulfillment will not have end indemnizatorios. When of the breach of the Law or of Administrative Acts damages be generated, them affected they will be able to request the compensations through the pertinent judicial actions.
Constitutional cut
- Clause 1o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-638-00 Of 31 of May of 2000, Judge Speaker Dr. Vladimiro Naranjo Table.
The exercise of the action that treats this Law, will revive in no case the terms to interpose the damages repair actions.
Constitutional cut
- By means of Sentence C-638-00 Of 31 of May of 2000, Judge Speaker Dr. Vladimiro Naranjo Table, the Constitutional Cut was declared INHIBITED to fail on the clause 2o. I ARTICULATE 25. FULFILLMENT OF THE FAILURE. In firm the failure that orders the fulfillment of the to should omitted, the unwilling authority should comply it without delay. If it not hiciere inside the definite time limit in the sentence, the Judge will be directed al upper of the head and will require it so that cause comply it and open the corresponding disciplinary procedure against that. Passed five (5) days will order to open process against the superior that there be not proceeded according to it ordered and will adopt directly all the measures for the exact fulfillment of the same one. The Judge will be able to sanction for desacato al responsible and al upper until these comply its sentence. The previous thing according to the arranged thing in the article 30 of the present Law. Of all ways, the Judge will establish the other effects of the failure for the concrete case and will maintain the competence until cease the breach. I ARTICULATE 26. IMPUGNACION OF THE FAILURE. Inside the three (3) following days al of its notification, the sentence will be able to be challenged by the solicitante, by the unwilling authority or by the representative of the company to which this belong and by the Defender of the Town. The challenge will be granted in the suspension effect, unless the suspension of fulfillment of the failure generate a hopeless damage of the plaintiff. I ARTICULATE 27. DEAL WITH OF THE IMPUGNACION. It presented properly the challenge, the Judge will remit the expedient to more delay al following day al upper hierarchical. The Judge that know of the challenge will study the content of the same one, comparing it with the sour one probatorio and with the failure. It will be able to request reports and to order the position tests practice. In every case, proferirá the failure inside the ten (10) following days to the reception of the expedient. If in his judgment the failure lacks base, will proceed to revoke it communicating it immediately; if finds it adjusted to right will confirm it. I ARTICULATE 28. ACTUACION RECKLESS. When without motive justified, the same Action of Fulfillment be presented by the same person or its representative before various Judges, they will be rejected or all will be denied they if hubieren been admitted.
Constitutional cut
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-1511-00 Of 11 of November of 2000, Judge Speaker Dr. José Gregorio Hernández Galindo.
- Aside tachado INEXEQUIBLE, and underlined EXEQUIBLE by the Constitutional Cut by means of Sentence C-870-02 Of October 15 of 2002, Judge Speaker Dr. Manuel José Cepeda Thorny.
I ARTICULATE 29. DESACATO. The one that break judicial order proferida based on the present Law, will incur in desacato sancionable according to the norms in force , without damage of the disciplinary or penal sanctions to that place there be.
Constitutional cut
- Aside it underlined declared CONDITIONALLY by the Constitutional Cut by means of Sentence C-010- 01 Of 17 of January of 2001, Judge Speaker Dr. Fabio Morón Díaz. The sanction will be imposed by the same Judge by means of procedure incidental; of not to be appealed will be consulted with the hierarchical superior who will decide inside the three (3) following days if should revoke or not the sanction. The appeal or the consultation will be done in the suspension effect. I ARTICULATE 30. REMISION. In the aspects done not contemplate in this Law will continue the Administrative Quarrelsome Code in which be compatible with the nature of the Actions of Fulfillment. I ARTICULATE 31. MONITORING. The General Direction of Legal Politics and Legislative Development of the Department of Justice and of the Right will do the monitoring of the effects produced by the application of the present Law, and will yield a report on the effects of the same one before the Presidencies of the Senate and of the Chamber of Representatives inside the eighteen (18) following months to its force. Likewise, it corresponds al Department of Justice and of the Right to undertake inside the three (3) following months to its promulgation, a campaign of diffusion and teaching citizen. I ARTICULATE 32. FORCE. The present Law governs from the date of its publication in the Official Newspaper and abrogates the articles 77 to 82 of
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Senate of the Republic of Colombia | legislative Information www.secretariasenado.gov.co Dispositions analyzed by Legal Advance Marries Editorial Ltda.© ISSN 1657-6241, "Laws since 1992 - Express Force and Sentences of Constitutionality", 4 of June of 2004. It includes analysis of force express And they published constitutionality failures analysis until 4 of June of 2004. The contained information in this middle was worked on transcriptions carried out from the Official Newspaper; the failures of constitutionality were supplied by the Constitutional Cut. When it was possible the texts of the Official Newspaper were taken published by the National Press in Internet.