Structural injunctive remedies and judicial monitoring in Colombia

Authors

  • Michael Cruz Rodríguez Universidad Nacional de Colombia

DOI:

https://doi.org/10.18042/cepc/redc.117.06

Keywords:

Colombian Constitutional Court, judicial monitoring, structural injunctive remedies, state of unconstitutional affairs, implementation, dialogic justice.

Abstract

In the Colombian case, the probability of implementing structural injunctive remedies increases when an intensive judicial monitoring is exercised, which stimulates more participation, than when this follow-up is moderate or lax. Although intensive monitoring can be frustrated by three latent dilemmas that reduce the effects of judicial decisions to the sphere of the symbolic: the normalization of the structural problem, the excessive centralization of compliance supervision in the Constitutional Court and the judicial expropriation of the social conflict. This argument is developed in three sections that present types of orders and judicial monitoring, as well as their dilemmas through a systematic review of the structural decisions made by the Constitutional Court over a period of twenty years (1997-‍2017). Finally, it raises the need to decentralize supervision and strengthen participation as dialogical justice scenarios.

Published

2019-12-20