Judicial Competence Research Articles

Dispute Resolution in Sharia Banking: Challenges and Judicial Reform for Enhanced Legal Certainty

Sharia banking, a growing sector within Indonesia's civil law system, operates under Islamic legal principles while serving diverse clients, both Muslim and non-Muslim. This research explores the challenges in resolving disputes within Sharia banking, emphasizing the need for judicial integration. The study utilizes both a legislative and conceptual approach, examining relevant laws and regulations, while developing a comprehensive framework for judicial reform. Results indicate that despite the Religious Courts' authority over Sharia economic disputes, jurisdictional ambiguity persists, often leading to confusion. Additionally, the study highlights the importance of alternative dispute resolution (ADR), such as mediation and arbitration, which aligns with Sharia principles and offers a faster, cost-effective means of resolving disputes. The findings suggest that a unified judicial system, with the Religious Courts as the sole authority in Sharia economic disputes, coupled with strengthened ADR mechanisms, would promote legal certainty and support the sustainable development of Indonesia's Sharia banking sector. Implications include recommendations for enhancing regulatory frameworks, improving judicial competence, and fostering collaboration between regulatory authorities, industry stakeholders, and the judiciary to ensure fair and efficient dispute resolution

The role of procedure, proceeding and process in administrative and tort relations from the point of view of justice and the activity of public administration bodies

The article analyzes the application of the concepts of ‘procedure’, ‘proceedings’ and ‘process’ in administrative-offense relations with the aim of determining the feasibility of granting courts the authority to consider cases of administrative offenses. The concept of ‘administrative process’ is disclosed in three well-known key aspects, distinguishing its general and specific features. It is determined that the process and proceedings, in a broad sense (as the activity of state bodies in general), are correlated as general and specific. Aspects of the concept of ‘administrative proceedings’ are identified. It is established that proceedings are part of the process, which may be interrupted, change subjects, i.e., the process consists of several proceedings, being their totality. It is proposed to consider proceedings as a certain period of time allocated for the consideration of a specific case. Instead, the procedure is a set of norms and rules regulated by legislation for subjects of any legal order in the understanding of Article 19 of the Constitution of Ukraine and in the context of the new legislation on administrative procedure. The characteristics of administrative procedure are disclosed. It is concluded that the administrative process is universal for any set of proceedings of state bodies, and this concept does not affect further research on the issue of excluding the consideration of cases of administrative offenses from judicial competence. In turn, the introduction by the legislator of the term ‘administrative procedure’ excludes the possibility of equating its rules and norms with judicial proceedings. It is analyzed that judicial procedures are provided for by procedural codes but do not define the specifics of considering cases of administrative offenses. It is determined that the Code of Ukraine on Administrative Offenses does not meet the requirements for modern judicial procedures and is essentially more akin to a regulator of administrative procedure, which constituted the foundation of Soviet heritage. This dissonance is revealed through differences between judicial proceedings in the judicial process and the consideration of cases provided for in the Code of Ukraine on Administrative Offenses, including in decision forms, stages of consideration, etc. It is proposed to designate the consideration of cases of administrative offenses by the court as judicial proceedings and by other bodies as administrative procedure.

Современные тенденции определения подведомственности споров

Since 2018, the term jurisdiction cannot be applied to civil proceedings as the legislator found it outdated after the single Supreme Court had been introduced. In fact, this term has never been mentioned in the Constitution of the Russian Federation. However, the phenomenon designated by the term cannot be removed from the doctrine and judicial practice for the following reasons. First, the rules of jurisdiction distribute cases between judicial and non-judicial bodies. Second, they make it possible to identify cases of a non-legal nature that cannot claim state protection. The law of 2018 had some positive consequences. Now, the refusal procedure is less complicated. Non-judicial cases can be easily transferred under proper jurisdiction where they will be considered according to a different type of legal proceedings. As for the negative consequences, it seems that the legislator interpreted jurisdiction only as the distribution of cases between different courts and substituted the term subject matter jurisdiction with court jurisdiction. The author criticizes this narrow approach and highlights two urgent issues: 1) not every case has to go to court; 2) digital technologies are important in legal proceedings. These trends can optimize judicial competence, as well as create new rules of court jurisdiction without violating the constitutional right to judicial protection. The article describes the rules of jurisdiction and their improvement, as well as determines the place of jurisdiction among other procedural institutions and introduces some ways to reform the subordination of civil cases to courts of civil jurisdiction. Jurisdiction has an intersectoral nature and is a way of distributing cases between judicial and non-judicial bodies. A combination of standard scientific methods with the formal-legal analysis made it possible to identify the following development directions. 1) Non-judicial cases need proper criteria. 2) New information technologies should enter the judicial system to update the court procedure, e.g., minor cases could be reviewed in court exclusively as an electronic procedure.

The Rwanda Case: Testing the Limits of Judicial Competence

The Rwanda Case: Testing the Limits of Judicial Competence

Judicial Competence and Consistency in the Constitutional Court’s Decision about Open List Proportional Representation

The Constitutional Court often creates new norms that affect the electoral system. Still, sometimes, the Constitutional Court decides cases examining the Election Law as an open legal policy. Therefore, the question is whether the Constitutional Court decides the case in accordance with its competence and consistency in determining cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 related to the application of an open list proportional representation system in the DPR and DPRD elections. The purpose of this study is to examine further the competence and consistency of the Constitutional Court in deciding the two cases. This research uses doctrinal research methods. The approaches used in this research include statute, conceptual, historical, and comparative approaches related to the issues being studied. As a result of the study, it was found that the competence of the Constitutional Court in deciding cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 was in the context of exercising its authority to examine laws against the 1945 Constitution of the Republic of Indonesia, not as a determinant that regulates and determines which system is most appropriate to be used in the electoral system in Indonesia. The Constitutional Court showed its consistency in deciding the two cases. In its ratio decidendi, the Constitutional Court uses Article 22E paragraph (1) as the basis for its legal considerations so that elections are held with the widest possible participation of the people on the principles of democracy, direct, honest, and fair. This consistency is very important to maintain in order to preserve and sustain the reform mandate that has been crystallized in the 1945 Constitution.

Report from the 6th National Scientific Conference "Towards the human in administrative adjudication" Gorzów Wielkopolski, March 31, 2023

During the conference, there was a lively exchange of opinions, which allowed us to focus on the position of a person in administrative adjudication. Administrative jurisdiction without implementers would exist only in the sphere of theory (law), and since it is a practice, it is reflected in the lens of weakness inherent in both its object and subjects (implementers and addressees). Man as the addressee of administrative activities and the one who exercises judicial competences was the point of analysis from various perspectives and in relation to various legal provisions. In the face of numerous changes taking place around us, wanted or forced by the pandemic, crisis or simply obvious civilization changes, we see the challenges faced by public administration and administrative justice, officials, judges and management staff of public institutions, the implementation of which will have an impact on the attitude of officials, judges, on the work they perform, and, as a result, on the public perception of offices, administrative bodies and administrative courts. In the activities of the above-mentioned institutions aimed at adjudicating on the rights and obligations of entities, we cannot lose sight of people.

Obrazovna dimenzija sudske samouprave u funkciji ostvarivanja načela nezavisnosti sudske vlasti - slučaj Srbije u procesu evropskih integracija

The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empirical legal methods, the paper examines the extent to which the demands formulated in interim benchmarks for Chapter 23 are aligned with the well-balanced approach to the principle of judicial self-governance and, further, the manner in which such self-governance is implemented in practice within the framework of the process for the adoption of the multiannual work program of the Serbian Judicial Academy. The authors conclude that the plan preparation process represents an adequate platform for duly observing the said concept, while the program itself can contribute to improving the competence of judges and, consequently, strengthening their independence.

Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research: Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).

When the Court Decisions Encourage Deforestation in Indonesia: A Case of Tahura Mangrove Forest Project


 The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that has resulted in damage to the forested area. Despite the prohibition of commercial projects on protected land, the government issued a utilization permit for the construction of guest houses. Rather than effectively curbing deforestation, this study demonstrates how controversial court decisions have actually encouraged it. The courts' assertion that public interest groups lacked standing to challenge violations of forestry laws, which could potentially cause environmental harm, was based on the argument that the damage was only a possibility during the planning stage and could not be accurately quantified. This paper identifies three factors contributing to the judges' adoption of a narrow standing test: their limited judicial competence, reliance on the Supreme Court's existence, and corruption.

Conventionality Control and the Limits of Pro Persona Jurisprudence

Abstract In Conventionality Control of Domestic Law: Constitutionalised International Adjudication and Internationalised Constitutional Adjudication, Yota Negishi advances a theory of conventionality control, a doctrine of interaction between international human rights law and national law, that puts at the center of such interaction the pro persona principle. This commentary analyses Negishi’s work, highlighting its major contributions and noting what it sees as problematic areas of the theory, in particular, the over reliance on the principle, and its use as a mechanism to allocate judicial competences. The commentary notes how the Inter-American Court of Human Rights’ use of the principle can explain some of its most expansive caselaw, a caselaw that has come under scrutiny by members of the Court and that deserves serious attention by legal scholars.

What climate litigation reveals about judicial competence

AbstractIn recent years, the US and the Netherlands have been on opposing sides of the spectrum regarding climate litigation. Dutch courts, in several revolutionary climate cases, have been an arena of societal change, whilst climate claims in the US have been largely unsuccessful. In a way this difference seems strange, because the US judiciary has the power of constitutional review, whilst the Dutch judiciary does not. Against that background, this paper extensively compares the doctrines of judicial competence regarding political questions in both jurisdictions. As a comparative framework, this paper uses three judicial phases, namely: the institutional phase, the substantial phase, and the remedial phase. Climate litigation reveals that the Dutch doctrine of judicial competence is focused on the substantial and remedial phases, which has allowed it more freedom in reviewing climate litigation. On the other hand, climate litigation reveals that the US doctrine of judicial competence is focused on a strict institutional phase, dominated by the Political Question Doctrine (PQD). The main contribution of this paper to the constitutional debate is that climate litigation reveals fundamental differences in doctrines of judicial competence. This is not only an important takeaway for future climate litigation, but also, in terms of the Radbruch formula, for other potential gaps between the executive and justice.

Judicial Ethics: A Key Tenet to Legal Ethics

Judicial ethics are arguably one of the most important aspects of legal ethics Values of legal ethics such as decorum, dignity, courtesy, and rationality that were emphasized by the late but still foremost scholar of professional legal ethics, Deborah Rhode, readily apply to the judicial context.. Related to these values, judicial ethics ensures that three important attributes or three ‘Is’ characterise the judicial process and the conduct of judicial officers: independence, impartiality and integrity. Adherence to these three principles of judicial ethics is key in securing the administration of justice, professional discipline in the judiciary, and public confidence. This article therefore takes the view that the competence of judges not only includes their academic qualifications but their possession of qualities necessary to fulfil the three Is and other standards of ethical judicial conduct. Moving from this understanding, the article analyses how judicial ethics, as a derivation of legal ethics, shapes the role of judges and, further, how Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations integrates established principles of judicial ethics. From this analysis, the author argues that judicial ethics are inseparable from judicial competence and that Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations effectively reflect the necessary principles of judicial ethics. Thus, continued enforcement of the judicial Code of Conduct and Ethics is essential to safeguarding judicial ethics in the Kenyan judiciary.

Aspects of Judicial Competence under Community Law

Aspects of Judicial Competence under Community Law

ПРОБЛЕМИ ЗАХИСТУ ПРАВ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ В ГОСПОДАРСЬКИХ СУДАХ УКРАЇНИ

Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.

Judicial Reconstruction of Indonesian National Army as Criminal Actors

By the issuance of TAP MPR Number VII/ MPR / 2000 and Act Number 34 of 2004, particularly provisions of Article 65 paragraph (2), based on the law principle of Lex Posteriore Derogat Lex Priori , the competence of General Court should include the Indonesian National Army soldiers for violating general criminal law. The enforcement of judicial competence adhered to the provision of Article 65 paragraph (2) of Act Number 34 of 2094, shall be preceded by reformation of criminal law in the military court or general court environment which is adapted to the substance of Article 65 paragraph (2) Act Number 34 of 2004. Furthermore, the settlement of general criminal dispute by the National Army after the enforcement of Act Number 34 of 2004 shall constantly be under the guidance of KUHPM and Act Number 31 of 1997 on Military Court. The reformation of criminal law within the General Court is related to General Court Competence for TNI who commits general criminal acts in the future, As Ius Constituendum, it is necessary to regulate the roles and functions of Superiors who have the right to punish (hereinafter referred to as Ankum ) and Case Transfer Officers (hereinafter referred to as Papera ) in the settlement of general criminal cases for TNI soldiers. Some other matters need to be regulated namely; the investigators shall be from the Military Police Officers, public prosecutors are carried out by the Military Prosecuting Attorney, and the judges are both Military and general Judges, as well as TNI soldiers whose sentences as convicts have been decided, are fostered in the Military Correctional Institution. Keywords: Juridical Review, Act Number 34 of 2004, Indonesian National Army (TNI) DOI: 10.7176/JLPG/120-01 Publication date: April 30 th 2022

Подсудность гражданских дел о компенсации морального вреда

The article deals with the issues of determining the jurisdiction of claims for compensation for moral damage. The relevance of the research topic is due to the fact that recent changes in procedural legislation have included new elements in the institution of jurisdiction that have complicated the application of the rules on jurisdiction in civil proceedings. In this regard, it became necessary to scientifically develop new elements of jurisdiction, to show their relationship with the traditional rules of tribal and territorial jurisdiction. The choice of the topic is also due to the lack of uniformity in law enforcement practice regarding the jurisdiction of claims for the recovery of moral damage. There is no uniform approach to this matter in the doctrine of civil procedural law, which gives this study not only scientific but also practical significance. The article notes that in order to systematize the rules on jurisdiction in the doctrine, a new classification of jurisdiction has been developed, which the author used in the article to determine the jurisdiction of claims for the recovery of moral damage. Particular attention is paid to the criteria for delimiting judicial competence to consider the named category of disputes between courts of general jurisdiction and arbitration courts, the issues of the correlation between the jurisdiction of district courts and justices of the peace in considering claims for compensation for moral damage are considered. The study resulted in conclusions and proposals for improving the mechanisms for delimiting the jurisdiction of claims for the recovery of moral damage.

ПИТАННЯ ВИЗНАЧЕННЯ ПІДВІДОМЧОСТІ СПРАВ ГОСПОДАРСЬКИМ СУДАМ

Introduction. The European Convention for the Protection of Human Rights and Fundamental Freedoms imposed obligations on member states to guarantee access to justice and the effectiveness of legal remedies. Referring to the judicial practice of the European Court of Human Rights, a situation in which a person whose rights have been violated cannot determine the competent court or other competent body to which he or she can send a relevant application is recognized as a violation of Article 13 of the Convention, as the right of access to a court must be effective. The requirement of effectiveness, among other things, involves the clarity of the legislative provisions: if the procedural rules are written in such a way as to create a certain uncertainty, the person whose applications were rejected on the basis of a violation of the procedural rules is recognized as having no real, effective access to the court. The problem of choosing the appropriate court and determining judicial competence in exercising the right to access to court, ensuring the right to effective legal protection has become particularly important. Questions regarding the establishment of an effective mechanism for the distribution of powers between judicial bodies regarding consideration of certain categories of cases are actively discussed by scientists and legal practitioners. The provisions of the current procedural legislation regarding the delimitation of sub-departments (jurisdictions) need improvement. The circle of disputes under the jurisdiction of commercial courts is gradually narrowing, which calls into question the expediency of preserving the entire system of commercial courts in Ukraine. The purpose. The purpose of the study is to conduct an analysis of the jurisdiction of the economic courts of Ukraine. The article analyzes the content of Clause 1 Part 1 of Art. 20 of the Code оf Commercial Procedure of Ukraine. An assessment of the existing doctrinal approaches, legal positions of the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the Higher Commercial Court of Ukraine, as well as other higher specialized courts of Ukraine regarding recommendations and clarifications on the issues of determining the competence of courts regarding consideration of economic cases were given. Results. The conclusion is substantiated, according to which there is quite objectively a tendency towards a gradual narrowing of the range of cases subordinated to commercial courts, which endangers the existence of the entire system of commercial courts of Ukraine. Discussion. In further scientific research, it is assumed that attention will be focused on the issue of demarcation of the jurisdiction of economic and administrative courts in consideration of land disputes.

Legal significance of the decisions of the court of the European Union concerning the application of commonwealth energy legislation in the energy sphere by other states-participants and issue on the use of such decisions by the courts of Ukraine in the resolution of relevant disputes

Problem setting. The Court of the European Union is a central term, which characterizes the entire court system of the European Union, which, without a doubt, includes three lanes: the Court of Justice, the Zagalny Court and special judges. Such an institute is aimed at accepting new acts of legal form and legal significance, and the very decision, the decision of the institution. The acceptance of such acts is a manifestation of the implementation of the judicial competence of the named institution, however, the link with the system is determined by the following: which may be the reason for the nature of precedent practice; both the established stench for the use of the Court itself by the Court of Justice itself, as well as by the other institutions, which have been approved by Article 13 of the Treaty on the European Union; what is the decision of the Court EU norms of law EU. Analysis of the meaningful nutrition is the subject of a complete dosage. Analysis of recent researches and publications. The legal meaning of the decision to the Court of the European Union and the possibility of implementing such decisions before the legislation of Ukraine. Target of research is to examine the status of decisions of the Court of Justice of the European Union as a precedent. Article’s main body. The research is devoted to the analysis of the legal significance of the decisions of the Court of Justice of the European Union on the application of acts of the legislation of the Energy Community in the field of energy by the courts of Ukraine in resolving relevant disputes. It is noted that the Court of Justice of the EU is a judicial institution of another legal order, an international organization – the European Union, whose practice is fundamental to the development of the rule of law in the European Union. However, it is stated that the national courts of the EU member states are tasked with the daily application of EU law in accordance with the principles of supremacy, direct action and responsibility of member states for compliance with EU law. It is established that the legal basis for the functioning of the electricity market is the Constitution of Ukraine, special laws, international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine, and other legislation of Ukraine, according to which the subjects of power and courts In applying the provisions of this Law, the law enforcement practice of the Energy Community and the European Union shall be taken into account, in particular decisions of the Court of Justice of the European Union (European Court of Justice, General Court), the European Commission and the Energy Community Secretariat. Conclusions and prospects for the development. A systematic analysis of the norms of national and international law allows us to conclude that the provisions of the Association Agreement between Ukraine and the EU are part of the national legislation of Ukraine, its provisions are mandatory and binding throughout Ukraine. Therefore, the case law of the Court of Justice of the European Union is applicable to the courts of Ukraine in resolving disputes concerning the application of energy legislation in the field of energy by other member states in full in the same manner as for the application of European Court of Human Rights.

Revision and cassation in French military courts of the late XVIII – early XIX centuries: on the legal nature of permanent councils of revision

This article contains material on the history of the Permanent Councils of Revision – bodies of military justice in France of the late XVIII – early XIX centuries, which is examined in the Russian historiography for the first time, as well as poorly studied in the French historiography. Leaning on the legislative acts and works of the French lawyers of that time, analysis is conducted on the procedure for the formation of the councils of revision, and determination of their judicial competence. The article also raises the question on correlation of the concepts of “revision” and “cassation” in French military justice of the end of revolutionary and post-revolutionary eras. Consideration of the provisions of French jurisprudence of the early XIX century allows concluding that the concept of “revision” could also include cassation of court judgments. Comparison of the permanent councils of revision, which carried out the functions of cassation of court decisions, with the Cassation Tribunal (in the imperial time – the Court of Cassation) did not allow to equate these bodies, which were created separately for military and civilian justice. Having a different procedure for the formation of bench of judges, the permanent councils of revision were granted the limited authority to conduct cassation and were not of equal importance to the Court of Cassation.

Análisis de la evolución jurisprudencial del Consejo de Estado sobre la acción de tutela contra providencias judiciales en Colombia

El Consejo de Estado, como órgano de cierre de la jurisdicción contencioso administrativa, tiene el mismo nivel jerárquico que la Corte Constitucional, según lo dispuesto en el artículo 116 de la Constitución Política de Colombia. La Corte Constitucional y el Consejo de Estado son órganos de la rama judicial autónomos e independientes. No obstante, la Corte ha conocido acerca de las acciones de tutela contra los fallos proferidos por el Consejo de Estado. Lo anterior ha ocasionado un conflicto de jurisdicciones entre estos dos cuerpos colegiados. Actualmente, en sus últimos fallos, el Consejo de Estado ha expresado que es procedente interponer esta acción contra una de sus providencias cuando estas vulneren derechos fundamentales