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


Prolegomenos Magazine (2009)

Javier Rincón Salcedo, Pontifical Xavierian University


The exercise of Discretionary Power as a legal mechanism granted to the executive so that it can remove military officials for “reasons of service"; has been the subject of important delimitations by administrative and constitutional judges. These delimitations, far from constituting barriers to the exercise of the administration's activity within a country in conflict, should be considered, on the one hand, as mechanisms that, by considering the Evaluation Acts as part of the Administrative Retirement Act, make it possible to guarantee the right to defence of military officials, and on the other hand, as instruments that contribute to “better administration";, to the extent that they exert pressure on the administration so that it implements a coherent human resources policy, which, naturally, will result in the development of a more efficient management of the State

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