Revista CJD Final

ABSTRACT This document highlights how after the entry into force of the General Disciplinary Code - Law 1952 of 2019 and its reform - Law 2094 of 2021, a legal loophole was generated, regarding two aspects: i) the competence to know about the disciplinary processes that are followed against the auxiliaries of justice, and based on said controversy, ii) the competence to resolve that conflict; legal discus- sion that has been the subject of discussion in three High Courts through dissimilar decisions. With the purpose of resolving these legal pro- blems, a brief review will be made of the regulations that have referred to this issue in Colombia, both in relation to the competence to resolve the nega- tive conflict of competences, and with respect to the competence itself to know about the processes that are carried out against the auxiliaries of justice; Next, the analysis of the most recent pronounce- ments issued by three high courts will be carried out, namely, the National Commission for Judicial Discipline, the Council of State and the Constitutio- nal Court, based on aspects to highlight such as the norms based on the which the decision is adopted and its interpretation, to summarize in a schematic way the decisions adopted regarding the legal pro- blems in question; At the end, some reflections are made as a conclusion, regarding the various posi- tions adopted on the topic, given that they deserve special consideration, as they are current situations typical of Disciplinary Law as an autonomous spe- cialty and under construction. Keywords: auxiliary of justice, General Disci- plinary Code, Single Disciplinary Code, Conflict of Competence. PREGUNTAS PROBLEMA ¿Cuál es la corporación competente para di- Dr. Luis Hernando Castillo Restrepo, Magistrado Comisión Seccional de Disciplina Judicial del Valle del Cauca 65