The expert opinion in the administrative litigation procedure. Specialty of the standard and impact of the principle of normative integration El dictamen pericial en el procedimiento contencioso administrativo. Especialidad de la norma e incidencia del principio de integración normativa

Abstract

The expert opinion stands as a special and unique means of proof, since through scientific, technical or artistic knowledge the parties and/or the Judge are able to prove facts that cannot be clarified by themselves or through another means of proof. In the case of the Contentious Administrative Jurisdiction in the different means of control, this means of proof has increasingly acquired importance, however, in the face of the practice and contradiction of the expert opinion of the regulation provided for in Law 1437 of 2011, With the reform introduced by Law 2080 of 2021, it is not possible to determine if in fact these regulations have the character of special and/or their own or are simply the reproduction or complementarity of the General Process Code. It is as a result of this aspect that a series of questions arise, especially because it is not clear how the judge should proceed when faced with a problem of interpretation and/or void when applying the regulation provided for the practice and contradiction of this medium. probative. Thus, through this article, we intend to address the study of the rules that govern the practice and contradiction of the expert opinion both in the Code of Administrative Procedure and Administrative Litigation and in the General Code of Process and, in the same way, the function of the principle of regulatory integration provided for in article 306 of Law 1437 of 2011. This, in order to determine the way in which its application should be advanced in events in which problems of interpretation and application of the regulations arise. modified by Law 2080 of 2021.