Sergio Daniel Acero

English Law Student VI

Gatti English VI

In Colombia, the principle of access to the administration of justice means that any
person asks the judges for the protection or restoration of the rights that are
enshrined in the constitution and the law, the administration of justice is also called
for effective judicial protection. , has been defined as the recognized possibility of
all people to be able to appear in equal conditions before the judges and courts of
justice, to advocate for the integrity of the legal order and for the due protection or
restoration of their legitimate rights and interests, with strict adherence to the
previously established procedures and with full observance of the substantial and
procedural guarantees provided by law.

In this framework, the administration of effective justice is found especially in

articles 1, 2, 29, and 229 of the political constitution, as well as in articles 25 of the
American Convention on Human Rights and 14 of the Covenant. International Civil
and Political Rights; According to jurisprudence, the right to access justice has a
multiple and complex meaning, since it is a fundamental pillar of the Social State of
Law and a fundamental right of immediate application, which is part of the essential
core of due process, since the process is the means for the realization of the right
to jurisdiction.

In this order, access to the administration of justice is a right of legal configuration,

subject to the considerations of the legislator regarding its regulation and material
execution. Although effective judicial protection is defined as a fundamental right of
immediate application, this last characteristic is predicable basically of its content
or essential nucleus, since the design of the conditions of access and the setting of
the requirements for its full exercise corresponds to establish them to the legislator.
By virtue of this power, the legislator is autonomous to decide the structure of
judicial procedures, notwithstanding that, in exercising said autonomy, he is
obliged to respect the principles established in the Political Charter; In this way,
although the legislator's freedom of normative configuration is broad, it has certain
limits that are specified in respect for the principles and purposes of the state.

Due to the foregoing, the legislator must ensure the balanced protection of all the
legal rights involved that are ordered, complying with the principles of
proportionality and reasonableness in relation to the purpose for which they were
conceived, in order to precisely ensure the first fruits of the substantial right, as well
as the most complete possible exercise of the right of access to the administration
of justice, due process, compliance with the postulate of good faith in the actions of
individuals and the principle of impartiality.