La desvinculación de empleados de carrera Administrativa nombrados en Provisionalidad en colombia

Abstract

This article aims to analyze the problems that exist, dueto the positions taken by both the Constitutional Court and the Council of State regarding the separation of those who have been named in provisional charges of administrative career, which has led to the occurrence ofso-called train wreck, whose ultimate consequence, a sample of legal instability in our country. Dueto this, it is necessary first to review the current regulations applicable to public servants' career, as well as appointed provisional, in order to obtain clarity in the decisions that are to be adopted by part of the nominator and what the legal tools that enable an adequate defense to those who seek to reclaim their interests are. Likewise, it is important to determine the nature of the administrative act and under what parameters should be issued, without infringing the rights of employees or cause harm to the job security ofthe same. It is therefore that there should be parity between the various criteria established in the jurisprudence, not only of the Constitutional Court, but also the Council of State, since if there is uniformity in the decisions of these two corporations, it will be easier to judges establish a position on it.