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"Discretionary faculty", Planning and efficiency in the Management of the Military Human Resource

Article

Prolegomenos Magazine (2009)

  Javier Rincon Salcedo, Pontificia Universidad Javeriana




Summary


The exercise of the Discretionary Faculty as a legal mechanism granted to the executive so that it can withdraw Military Reasons for "Reasons for Service" has been the object of important delimitations on the part of the administrative and constitutional judges. These delimitations, far from constituting barriers for the exercise of the activity of the administration within a country in conflict, must be considered, on the one hand, as mechanisms that, by way of considering that the Evaluation Acts are part of the Administrative Act of Retirement, they allow to guarantee the Right of Defense of the military officials, and on the other hand, like instruments that contribute to "administer better", insofar as they exert a pressure on the Administration so that it implements a coherent policy of Human Resources, which, naturally, will result in the development of a more efficient management of the State.


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