2024-08-29 23:00:27
The Constitutional Court, in a ruling in favor of an informal vendor in Ibagué, orders administrative authorities to use understandable language in the decisions they issue.
The Constitutional Court has ordered administrative authorities to use clear and understandable language in their decisions. This measure was adopted after the First Chamber of Review ruled in favor of Victor, an informal vendor from Ibagué, whose sales stand was at risk of being demolished by order of the Police. The ruling, written by Judge Natalia Ángel Cabo, underlines the importance of administrative actions being accessible and understandable to the general public, in order to protect fundamental rights such as due process, legitimate trust, work and the minimum living wage.
The case
The case that led to this determination originated in 2022, when a highway concessionaire filed a police complaint against Víctor, arguing that his beverage booth was misusing public space. The concessionaire pointed out that the merchant had extended a cement slab up to the highway, which led the Ibagué police inspectorate to declare Víctor an offender and order the demolition of the booth. Víctor, in an attempt to comply with the requirements, demolished the cement extension and notified the police inspector about the fulfillment of his commitment.
However, the situation took an unexpected turn when the authorities, upon verifying the changes made, considered that the occupation of public space persisted and decided to continue with the proceedings to demolish the booth. Faced with what he considered a violation of his fundamental rights, Victor filed a tutela action, arguing that his rights to due process, legitimate trust, work and minimum living were being violated.
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Lack of clarity
The First Chamber of Review, in studying the case, found that one of the main factors that triggered the conflict was the lack of clarity in the administrative decisions. The Court determined that the police authority did not adequately explain its decision, which led to Victor not fully understanding the scope of his responsibility or its implications. This fact, according to the Chamber, constitutes a violation of the right to due process, since the lack of clarity in administrative actions can make it impossible for the public to understand them and, therefore, prevents the possibility of effectively challenging them.
The Constitutional Court identified several scenarios in which the language used by administrative authorities is not clear, such as the exclusive use of technical or specialized language, or the reliance on ritual formulas that do not provide clarity to the common citizen. Given this reality, the Court ordered that authorities must express themselves in a manner accessible to the public, ensuring that decisions are understandable to all.
They must offer alternatives
In addition to annulling the police proceedings against Víctor, the Court required the Ibagué Mayor’s Office to offer alternative means of subsistence before proceeding with any demolition order. It also urged the Clear Language Network to collaborate with the Ibagué Police Inspectorate to ensure that future decisions are communicated in a clear and understandable manner.
This ruling reinforces the need for clear language in administrative proceedings, not only as a technical requirement, but as a fundamental guarantee for the protection of the rights of all citizens, especially the most vulnerable.
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