Régimen especial de las empresas de servicios públicos domiciliarios de naturaleza mixta

At present, the discussion of if the public utility companies domiciliary mixed, are of public or private nature and if his juridical regime belongs to the public or private law has lost relevancy, because from the expedition of the Political Constitution of Colombia of 1991 until the year 2007, the...

Full description

Autores:
Rincón Salazar, Luisa Fernanda
Tipo de recurso:
Fecha de publicación:
2017
Institución:
Universidad de San Buenaventura
Repositorio:
Repositorio USB
Idioma:
spa
OAI Identifier:
oai:bibliotecadigital.usb.edu.co:10819/5731
Acceso en línea:
http://hdl.handle.net/10819/5731
Palabra clave:
Empresas de servicios públicos domiciliarios
Mixtas
Naturaleza
Régimen jurídico
Entidades descentralizadas
Mixed public residential service companies
Nature
Legal regimen
Descentralized entities
Seguridad jurídica
Jurisprudencia
Servicios públicos
Rights
License
Atribución-NoComercial-SinDerivadas 2.5 Colombia
Description
Summary:At present, the discussion of if the public utility companies domiciliary mixed, are of public or private nature and if his juridical regime belongs to the public or private law has lost relevancy, because from the expedition of the Political Constitution of Colombia of 1991 until the year 2007, the high courts and particulary, the Constitutional Court as the maximum interpreter and guarantor of the Constitution, it was not presenting a univocal position that was allowing to have certainty and juridical safety of the sense of his decisions when in them it was part one provider of public services domiciliary mixed and his position in front of the nature, it threw as result to determine the belonging to the juridical public or private regime, as there was understood that this category specifies of the providers of public domiciliary services were or not entities decentralized by services belonging to the executive branch of the public power. The Constitutional Court, with the expedition of the judgment C-736 of 2007 it adopts a new position opposite which there stay without foundation the discussions of the public or private regime, and feel as new juriprudential precedent, the postulate under which the public utility companies domiciliary mixed have a nature and juridical special regime, postulated that remains at present and that they do that it could not proclaim a completely public or private regime.