Eficacia de la interpretación prejudicial de la Comunidad Andina en el marco de las instituciones del derecho administrativo colombiano

Abstract

The institution of preliminary ruling of the Andean Community is the cornerstone of the Andean integration system that ensures uniform compliance and the effectiveness of the rules of the Community order. In this sense, the objective of this research work is to analyze the reception, evolution and operability of the preliminary ruling within our institutions and judicial authorities, which has allowed it to become an effective source applicable by the different authorities in Colombian administrative law. For the analysis of these aspects, the evolution of the concept of national judge has been taken into account in relation to the contribution of the Colombian administrative law institutions, and the role of the Council of State as community judge in the appeal for annulment of arbitral awards in matters in which a preliminary ruling interpretation must be requested from the analysis of the ETB vs Comcel case.