Alcance de la causal de retiro por "llamamiento a calificar servicios" en la fuerza pública

Abstract

This paper tries to analyze the grounds for removal by “Call to qualify services” of the military and police in Colombia, which has been regarded as typical discretion, something that pretends to be contested by the author. Unfortunately the spirit of this ground has been disoriented and military and police are using it as if it were the exercise of discretion full. It is for this that there is a need to specify clearly the differences between discretionary withdrawal is also enshrined in the military and the causal rules called “appeal to qualify for services.”
These pages are part of a documentary research, exploratory and previous explicative. The motive that they are the product of the review of the Doctrine and Jurisprudence, the analysis of a topic that to date has not been studied and it attempts to answer the reasons why the cited grounds for removal is considered by the Colombian State high courts as discretionary faculty.
The previous academic year allowed a qualitative advance, however we tried to capture the reality of effectiveness of that grounds for removal in the Colombian regulatory framework. It is important to note that this research is primarily descriptive, qualitative, whatever its aim was to describe the legal framework of the reason for withdrawal “rate call services”.