Who Are You and What's Your Issue? Winning in Collective Litigation in Colombia

This article analyzes the role of the Colombian Council of State, the administrative court of highest level in Colombia, in cases of collective litigation (accion popular). It answers the questions: Do outcomes in these cases vary depending on the right under litigation? Do parties with more resourc...

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Bibliographic Details
Published in:Latin American Research Review 2023, Vol.58 (3), p.649
Main Author: Paez, Angela M
Format: Report
Language:English
Subjects:
Class actions (Civil procedure)
Human rights
Laws, regulations and rules
Social aspects
Online Access:Get full text
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Summary:This article analyzes the role of the Colombian Council of State, the administrative court of highest level in Colombia, in cases of collective litigation (accion popular). It answers the questions: Do outcomes in these cases vary depending on the right under litigation? Do parties with more resources achieve better outcomes? Does the government hold an advantage when facing other parties? The article analyzes quantitatively an original database of collective litigation cases on environmental protection, public security, the rights of consumers, and administrative morality, and interprets these findings using interview data. Results show that parties' success rates vary depending on the right under litigation. The national government has the highest litigation success rate, but individuals are more likely to win than stronger parties like department and local governments. The article presents implications following the literature on courts and rights protection in the Global South and party capability.
ISSN:0023-8791
DOI:10.1017/lar.2022.103