Naturaleza jurídica y control jurisdiccional de los actos de intervención monetaria proferidos por la Junta Directiva del banco central en Colombia

In view of the problems of inflation which affected the majority of countries around the world in the post-pandemic period, the present work aims to analyse the legal nature of the actions taken by the monetary authority in an attempt to control that phenomenon; and thus, determine through which mechanisms jurisdictional control can be developed. The above will be addressed using a qualitative, analytical and descriptive approach which, based on the revision of legal sources and doctrinal supports, will identify the nature and powers of the Bank of the Republic of Colombia, and its Board of Directors, as an autonomous and independent authority. This authority exercises its functions through, on the one hand, the application of a material concept of administrative function, which leads its acts to be recognized as genuine administrative acts of a general nature characterised by a broad margin of discretion; and on the other hand, through acts of a private nature. The former will be subject to jurisdictional review through the means of the nullity control for unconstitutionality and simple nullity, while the latter will be indictable through the corresponding ordinary actions which are derived from the legal business conducted.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Administrative Law and Governance
Type
article
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article

Naturaleza jurídica y control jurisdiccional de los actos de intervención monetaria proferidos por la Junta Directiva del banco central en Colombia

Dialnet (Universidad de la Rioja)
Administrative Law and Governance
article

Naturaleza jurídica y control jurisdiccional de los actos de intervención monetaria proferidos por la Junta Directiva del banco central en Colombia

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Abstract

In view of the problems of inflation which affected the majority of countries around the world in the post-pandemic period, the present work aims to analyse the legal nature of the actions taken by the monetary authority in an attempt to control that phenomenon; and thus, determine through which mechanisms jurisdictional control can be developed. The above will be addressed using a qualitative, analytical and descriptive approach which, based on the revision of legal sources and doctrinal supports, will identify the nature and powers of the Bank of the Republic of Colombia, and its Board of Directors, as an autonomous and independent authority. This authority exercises its functions through, on the one hand, the application of a material concept of administrative function, which leads its acts to be recognized as genuine administrative acts of a general nature characterised by a broad margin of discretion; and on the other hand, through acts of a private nature. The former will be subject to jurisdictional review through the means of the nullity control for unconstitutionality and simple nullity, while the latter will be indictable through the corresponding ordinary actions which are derived from the legal business conducted.

Dialnet (Universidad de la Rioja)
Openalex Percentile: Top 42%
Administrative Law and Governance
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Naturaleza jurídica y control jurisdiccional de los actos de intervención monetaria proferidos por la Junta Directiva del banco central en Colombia · Dialnet (Universidad de la Rioja) (2025) | TGRS Research Map | TGRS