The agreements of attribution of administratlve functlons to indlviduals in Colombia

Abstract

This work pretends to analyze the phenomenon ofthe qualification ofindividuals to exert administrative functions by the technique of attribution agreements of administrative functions to which refears colombian law No. 489 of 1998. It is possible to ask if that technique configures a runaway event from adrninistrative right. Considering that the agreements are not excepted from administrative jurisdiction, neither from traditional public regime, and that unilateral acts ofthe individual stay fasten to the administration own requirements, it would not be possible to allege that there is a turn towards the private right. But there is a possibility of presenting the technique ofthe agreements as an escape ofpublie functionaries, an evasion to the re gime of the public function. In colombian context, one would be running away from all coneerning to the management of eivil personnel that serves the State, like saying seales of remuneration, career and personnel statute, modalities of entailment, working day, ethical regime, ete. The State tends to evade its own functionaries; and that option has found fertile land in the present Constitution and the interpretation that ofher has beeome.