SPECIAL ADMINISTRATIVE UNITS IN COLOMBIA - ARTE - 2025

The special administrative units in Colombia are entities established by law, with legally designated financial and administrative autonomy, to fulfill administrative functions to execute or develop the projects of an administrative department or ministry.

These units were created according to articles 82 and 67 of Law 489 promulgated in 1998. Like the superintendencies, they may or may not have a legal personality.

Directorate of National Taxes and Customs (DIAN) Source: Source: Javier Lopez

In the case of having legal personality, they will be decentralized bodies, subject to the regime indicated in the law that created them and, in situations not provided for in the law, to that of public companies, while if they do not have such personality, they will be part of a division. central.

These administrative units have been increasing as the number of administrative departments and ministries has decreased.

This happens depending on the fact that these units execute or carry out their own projects, which need a special body with technical, administrative and financial equity autonomy.

Origin

The designation of special administrative units was used for the first time, in the Colombian legal regime, in the administrative improvement made in 1968, specifically in Decree 1050 of that year.

In its 1st article, after detailing the composition of the executive branch at the national level and establishing which of the regulated bodies there had the profile of main entities, which were annexes and which were linked, in subsection 3 the following was established:

«With prior legal authorization, the government may organize special administrative units for the most appropriate attention to certain customary projects of an administrative department or ministry.

These projects, due to the origin of the resources used, or due to their nature, should not be submitted to the common administrative regime.

In accordance with the reproduced clauses, the regulations provided for the eventuality that certain administrative capacities, typical of administrative departments or ministries, could be subject to a special administrative regime.

This regime was based on special situations, by the origin of the resources or by the nature of those capacities.

characteristics

According to Decree 1050 in article 1, the characteristics of the special administrative units were established as:

- The creation by the Government or legal with the authorization of the legislator.

- To carry out activities of an administrative department or ministry.

- With administrative powers that, because they are financed with special resources, or due to their nature, or because they are activities other than ordinary administrative tasks, could be classified as special.

For example, administration of resources caused by international agreements, vaccination campaigns, private or public external aid.

- Because they are special, they must have a special administrative regime. This regime must be specified in the act of its creation, hence its "special" character.

Structure

In relation to how these units are organized, Law 489 of 1998 did not implement a defined regulation.

Therefore, their internal structure will be the one established for each of them in the restructuring decrees or in their respective creation law, according to the general regulations offered in article 54 of said law.

Law 489 of 1998 did not establish their general functions for the special administrative units. For this reason, the powers of each of them will be those indicated in the respective regulations for reorganization or creation.

However, the functions in principle concern those that are the responsibility of a ministry, but due to their specific and technical profile they cannot be combined with the other administrative occupations of the same.

Problems encountered

In some cases, it can be observed that the concept has been used without taking into account the characteristics of the entities, according to the norm that expressly regulated them.

For this purpose, the profile of a special administrative unit has been given to organizations that are already defined as superintendencies, such as the Superintendency of Family Allowance and the Superintendency of Notaries and Registry.

When analyzing the definition of Law 489 of 1998 in Article 67, with respect to special administrative units without legal personality, it is said that they are organizations that carry out administrative tasks typical of an administrative department or a ministry.

Therefore, how can a superintendency be considered as a special administrative unit? What would your special regime be? Are the administrative functions that you carry out typical of an administrative department or ministry? Or will they really be typical of a superintendency?

The above questions reveal that the concept of a special administrative unit is not clear.

For this reason, it has been used to give that name to different entities within the public administration, without legal rigor and always seeking a higher level of autonomy with respect to the central entities of the administration.

Examples

Special administrative units without legal personality

- Special administrative unit of the system of natural national parks, which is attached to the ministry of housing, environment and territorial development.

- Energy and gas regulation commission, which is attached to the ministry of energy and mines.

- Central Board of Accountants, which is attached to the Ministry of Education.

- Commission for basic sanitation and drinking water regulation, which is attached to the Ministry of Housing, Environment and Territorial Development.

- National School of Sports, which is attached to the Ministry of Culture.

- Telecommunications Regulation Commission, which is attached to the Ministry of Communications.

Special administrative units with legal personality

- National Narcotics Directorate. which is attached to the Ministry of the Interior and Justice.

- National Tax and Customs Directorate, which is attached to the Ministry of Finance and Public Credit.

- General Accounting Office of the nation, which is attached to the Ministry of Finance and Public Credit.

- Special administrative unit for civil aeronautics, which is attached to the Ministry of Transport.

- National hydrocarbons agency, which is attached to the Ministry of Energy and Mines.

Solidarity organizations

The special administrative unit for solidarity organizations is the new body created by the President of the Colombian Republic. This under the scope of the extraordinary powers granted by the Congress of the Republic, for the restructuring of the State.

This entity takes on the functions of Dansocial for the promotion, promotion and consolidation in Colombia of solidarity organizations, such as employee funds, cooperatives, volunteer groups, mutuals, corporations, associations, community organizations and foundations.

The special administrative unit for solidarity organizations is a body with legal personality, financial and administrative autonomy. In addition, its capital is independent, and is attached to the ministry of labor.

Its mission is to design, direct, coordinate, adopt and execute projects and programs. This for the planning, promotion, protection, development and strengthening of solidarity organizations.

References

1. Administrative Law Guide (2019). Special Administrative Units. Taken from: sites.google.com.
2. Municipal Mayor of Carmen de Carupa in Cundinamarca (2018). What are special administrative units? Taken from: carmendecarupa-cundinamarca.gov.co.
3. Consuelo Sarria (2015). Are agencies special administrative units? University extership of Colombia. Taken from: magazines.uexternado.edu.co.
4. Special Administrative Unit for Solidarity Organizations (2019). What is the Special Administrative Unit of Solidarity Organizations. Taken from: orgsolidarias.gov.co.
5. Alex Castaño's legal blog (2011). Special administrative unit with legal status. Taken from: alexiure.wordpress.com.