How should the resolution of a petition be?

Article by: Dr. Raúl Calvo | Last update: April 10, 2022
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be resolved in substance with clarity, precision and consistency with what was requested and 3. be made known to the petitioner; c) The response does not imply acceptance of the request nor is it always specified in a written response.

How should the response to the right to petition the Constitutional Court be?

(iv) the response must meet these requirements: a) it must be resolved thoroughly, in a clear, precise, timely manner and in accordance with what was requested; and b) must be made known to the petitioner. If these requirements are not met, a violation of the fundamental constitutional right of petition is incurred.

Where is the right of petition regulated?

The right to petition is recognized as a fundamental right in article 29 of the Spanish Constitution. Said precept refers to the law the regulation of the way in which it must be exercised and the effects produced by its exercise.

What does article 29 of the Constitution say?

Article 29 of the Federal Constitution establishes the suspension or restriction of the exercise of rights and guarantees. This article provides that the restriction or suspension will only proceed in cases of invasion, serious disturbance of public peace or another that puts society in serious danger or conflict.

What does article 29 of the Constitution mean?

Article 29 of the Spanish Constitution refers to the right of all Spaniards to individual and collective petition. Article 29 of the Spanish Constitution is found within Title I referring to fundamental rights and duties.

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What has the court said about the right of petition?

“1) The petition is a fundamental right and is decisive for the effectiveness of the mechanisms of participatory democracy. 2) Through the right of petition, other constitutional rights are guaranteed, such as the rights of access to information, freedom of expression and political participation.

What does the constitutional court say about the tutela action?

The Constitutional Court indicates that the proceeding of the tutela action is also subject to compliance with the immediacy requirement. This requires that the amparo be filed in a timely manner in relation to the act that generated the alleged violation of fundamental rights.

When is the right of petition violated?

The lack of notification of the response to a right to petition or the lack of response or late resolution are forms of violation of the same and are susceptible to the protective action of the judge through the use of the tutela action, since in such cases it violates a fundamental constitutional right.

When does the right of petition apply?

The right of petition can be used to request for different purposes indicated in article 13 of Law 1755 of 2015: To request the recognition of a right. Intervention in a particular matter of an authority, entity or official. To request that a legal situation be resolved.

Who can request a right of petition?

Any person may exercise the right of petition to guarantee their fundamental rights before private organizations with or without legal status, such as companies, corporations, foundations, associations, religious organizations, cooperatives, financial institutions or clubs.

When is the right of petition implemented in Colombia?

The right to petition is enshrined in article 23 of the Political Constitution of Colombia and developed in Law 1755 of 2015; based on it, citizens can present requests to the authorities, so that they can be provided with information on situations of general and/or particular interest.

What right is violated when a petition right is not answered?

What happens if the right to petition is not answered in the previous times? The right to petition is a fundamental right of all people who are in Colombian territory. For this reason, if you do not get a response, the petitioner may file a tutela action requesting it.

What are the principles of the guardianship action?

The processing of the guardianship action will be carried out in accordance with the principles of publicity, prevalence of substantial law, economy, speed and efficiency. Article 4th.

How long does the review of a guardianship in the Constitutional Court take?

The Court, through its internal Chambers called Selection, has a period of 30 business days following receipt of the guardianship to proceed to select or exclude the case for eventual review.

What is the expiration time of the guardianship action?

– Expiration. The guardianship action may be exercised at any time, except for those directed against judgments or judicial orders that put an end to a process, which will expire two months after the corresponding order has been executed.

What is the right of individual and collective petition?

It is a right that can be exercised individually or collectively and consists of the power to address the public authorities to either inform these certain facts, or claim an intervention, or both at the same time.

What does the Organic Law mean?

Organic Law. Legal system that aims to specify the bases of organization and operation of an institution derived from the three Powers of the State.

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