Scope of the Current Reform of Law 1952 of 2019 by Law 2094 of 2021, Regarding Compliance with the Guarantees Required by Paragraph 2 of Article 23 of the American Convention on Human Rights with Regard to the Adoption of Sanctions Disciplinary Measures t

Abstract

The central purpose of this investigation was to determine the scope of compliance that the adoption of conventional guarantees in Colombian administrative disciplinary law has had, within the framework of popularly elected public servants, since the issuance of the ruling Petro Urrego vs. Colombia in 2020. In this way, this research was methodologically based on a qualitative approach with analytical-explanatory scope, which from a hermeneutical point of view breaks down a set of legal arguments that allow us to glimpse the scope of the current reform of the Law. 1952 of 2019 by Law 2094 of 2021, regarding compliance with the guarantees required by paragraph 2 of article 23 of the American Convention on Human Rights, with regard to the adoption of disciplinary sanctions that restrict political rights to employees public elections. In that sense, the result of this research led to offering legal elements that would allow strengthening the institutional order of the authorities that are in charge of the exercise of the disciplinary function, since it makes known and better understood the current reality of administrative disciplinary law in the face of the need to inexorably incorporate conventional guarantees into the Colombian disciplinary system, as well as to satisfy their effective application and compliance, otherwise multiple lawsuits and possible sentences would be filed in the future against the Colombian State for non-compliance with them. From the above, it is concluded that it is pertinent to have competent judicial authorities with autonomy, independence and absolute impartiality, who administer the full disciplinary function in Colombia, in compliance with the international standards adopted to sanction public servants, especially those of popular election.