Ley 1952 de 2019: Sujetos disciplinables los docentes ocasionales de universidades públicas en Colombia conforme a la autonomía universitaria.

Abstract

Law 1952 (2019) in its article 70 contained in Book III on the Special Regime, Title I, Individual Regime, Chapter I, establishes who are the recipient individuals of this Law; Within the same, it is indicated in the third paragraph, as disciplinary subjects those individuals who, by legal provision, carry out exclusive functions of the organs of the State, in addition to those who provide a public service, where within their activities they carry out public functions. In accordance with the foregoing, and in a joint analysis of University Autonomy and judgment C-006/96 (1996), it is intended to study the possibility that occasional teachers fit within the individuals who are recipients of the Disciplinary Law, since that the Attorney General's Office has similarly recognized the Autonomy of Public Universities and in that case has come to express the possibility that the Higher Education Institution itself establishes its disciplinary statute based on Law 1952 (2019) for these occasional teachers, since judgment C-006/96 (1996) indicates in the same way that occasional teachers also come to fulfill the same functions as permanent teachers; even for their connection they must accredit the same requirements in terms of professional training and experience and in the exercise of functions, they perform the same obligations; So, for this case, there is the possibility that if Law 30 (1992) does not establish them as public servants, then yes, they can become an individual who provides a public service, but they exercise public functions in the same way as teachers. of plant.