Acción de cumplimiento*** and obligations of expenditure

Abstract

Acción de cumplimiento looks for force to the authorities who refuse to obey the laws and administrative acts to do it. This is important considering the particulars attributions of public power. The article 87 of the Constitution regulates this concept, and the Law 393 of 1997 develops it. In the paragraph of its article 9; it establishes the impossibility of application of the said action when it comes about norms that establish expenses. The Constitutional Court considered in accordance to the Constitution such restriction and the State Council****, in some of its decisions, has supported that, because it limits a constitutional norm, this is admissible only if it comes about norms that order the inclusion of new expenses in the budget, because being appropriated and with availability certificates and budgetary register, the entity doesn´t have discretionary to decide the expense. Because such a debate, and given the consensus about the existence of discretionary authority in budgetary subject, it is necessary a detailed analysis aiming to delimit its normative framework, especially in public expensive subject.