THE CONTENTIOUS ADMINISTRATIVE JURISDICTION IN THE PROVINCE OF CÓRDOBA AS A CONSTITUTIONAL JURISDICTION

Abstract

In Córdoba, after the reform introduced to the General Law of Amparo -Law 4915- through laws 10249 and 10323, the existence of a constitutional jurisdiction was ratified with the purpose of guarantee the protection of fundamental rights against any activity or omission of the state. The attribution of the intervention of a specialized justice in all “amparo” processes filed against the provincial, municipal or communal public administration in the scope of the Province, configures a modern contentious administrative jurisdiction in accordance with the constitutional and conventional guidelines that protect the residents’ rights. A review of the provincial legislative history and the jurisprudential cases resolved by the Superior Court of Justice of Córdoba, explains the correct decision of the provincial legislator to resort to a mixed model of distribution of powers in matters of protection, where in addition to the nature of public subject of the defendant, the content of the claim and the preeminence of the applicable public law regime, condition the assignment of jurisdiction to the specialized jurisdiction.