masterThesis
El Sistema General de Regalías: una apuesta de centralización política y recentralización administrativa
Autor
Rojas Cárdenas, Emilio José
Institución
Resumen
Royalties have been considered as an economic source that it's received by the Colombian State, and which is in charge of those who are granted the right to explore or exploit mineral-energy resources. However, despite of the role that royalties have play on national and territorial finances, those economic sources have been guided by centralists decisions adopted by national government. It's feature of exogenous funding source of territorial entities, allowed the Republic Congress, at initiative of Central Executive, to modify, in response to conjunctural factors and internal and foreign experiences, the beneficiary entities royalty regime. In this way, with Legislative Acts 05/2011 and 05/2019 and Laws 1530/2012 and 2056/2020, was created a constitutional and legal architecture that implemented new criteria for royalties distribution and allocation, as well as new decision instances, who, in exercise of their functions, established a difficult process on the approval and execution of investment projects that could be financed with royalties system resources and, also, affected the decision capacity of departments and municipalities in those issues that affect them. These kinds of reflections made evident the necessity to approach a research process in order to answering the following legal question: does the Royalties General System generate a recentralization within a unitary State that affects the autonomy of territorial entities? It was evidenced that Royalties General System has affected territorial entities autonomy principle, because its constitutional, legal and regulatory architecture not only limited the capacity of departments and municipalities to directly dispose and execute these resources due to the central government intervention in their different agents, but later showed a recentralizing intention of the national government in the handle of these economic sources.