DOWNLOAD HERE: CONDENA EN ABSTRACTO 2007-0435
Council of State – Executive demand
In the order of February 27, 2012, the Second Section – Subsection “A” of the Administrative Court of Cundinamarca affirmed that the basic sentence of the execution in this process, proffered by the State Council on August 26, 1999, contained a condemnation in the abstract; what imposed that the executing today opportunely advanced the corresponding incident of liquidation in order to determine the quantum of the obligation.
On the other hand, the representative of the performer pointed out that the judgment has the necessary data for the determination of the clear, express and enforceable obligation through simple arithmetical operations, from which the specific nature of the conviction was concluded, and said that In administrative labor matters, there have never been in-generation sentences.
Reiterate, in the case of convictions in the abstract it is necessary to initiate the incidental liquidation by the interested party, given that the payment order is a consequence of the judgment and of the liquidation that is made through the judge or the defendant entity, and not as claimed by the attorney for the plaintiff in the realization of some “… arithmetical operations provided for in the judgment of the Council of State …”. Note that the base judgment of the collection does not contain a liquid amount that clearly determines what the debtor must pay, and in turn what the creditor must receive, which ultimately confirms that the executive title contained in the judgment It is not clear or express.
From the previous jurisprudential reference it is clear that the Administrative Tribunal of Cundinamarca was wrong to declare proven the inexistence of executive title and to end the process, based on a false premise, which is that the judgment object of execution contains an abstract sentence that necessarily required an incidental liquidation process.
It suffices to review the text of numerals 2 and 3 of the operative part of the judgment dated August 26, 1999, by which the Second Section, Subsection “B” of this Corporation, declared the nullity of the act that had decided the insistence of the appointment of the plaintiff in the position of Auditor III before the Purchasing Agency of the Colombian Air Force based in Fort Lauderdale, to conclude that we are facing a specific sentence liquidable based on the law, regulations and in the information that rests in the defendant entity itself: Folios 1 – 28 notebook No. 1.