PUBLIC LAW — COLOMBIA
Chambers Commentary (based on the Chambers research)
What the team is known for Key practice group offering significant experience representing public bodies as well as local and domestic companies in a range of administrative and constitutional mandates, including contentious proceedings and judicial reviews. Also advises clients on bidding processes, negotiation with state bodies and contractual matters.
Strengths One client expresses their at delight working with the firm, commenting that "they are my go-to firm for regulatory matters and I recommend them to others working in the industry."
Work highlight Represented Gaseosas Lux and Gaseosas Colombianas in litigation cases regarding the interpretation of the law and regulations for the consumption and billing of the sewage service by large consumers.
Department co-head Hugo Palacios Mejía remains an esteemed figure in Colombia's public law sphere, boasting an impressive track record handling administrative and constitutional dispute resolution mandates. One interviewee remarks: "He is very respected and admired." Other sources also note that "he is one of the most recognised practitioners" as well as "an excellent lawyer and an authority in the market."
DISPUTE RESOLUTION — COLOMBIA
Chambers Commentary (based on the Chambers research)
What the team is known for Robust practice demonstrating notable capabilities advising a variety of local and international clients on litigation and arbitration disputes pertaining to joint ventures, construction contracts and concession agreements. Team is also well versed in handling shareholder disputes, and conflicts within the energy and mining spheres.
Prestigious founder and department co-head Hugo Palacios Mejía is "highly recognised" among market sources for his extensive track record overseeing sophisticated litigation and arbitration cases. One interviewee considers him "a very well-rounded lawyer who provides comprehensive advice." Palacios Mejía leads some of the team's most relevant cases.
Clients acknowledge co-head of department Óscar Gutiérrez Herrán's activity in this area, routinely representing significant local and foreign clients in disputes arising from construction projects and joint venture agreements.
The book includes 19 chapters written by sociologists, lawyers and political scientists. All of the chapters stem from Oxford and UCL conferences organized by the editors of the book. The authors present original analyzes based on rigorous research, case studies, and innovative interdisciplinary perspectives. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphans, health and environmental protection, among others. The book will be of interest to students and scholars involved public policies studies.
More information at: http://www.palgrave.com/la/book/9781137566935
"Globalization has no reverse, culture is a universal phenomenon and economic integration is a human duty. Maritime insurance, business and contract born with trade, has been, is and will be the main support of the world economy. "
During the "V Maritime and Port Insurance Conference", held on 18, 19 and 20 February 2015 in Cartagena, Colombia, how maritime insurance structures have been altered by globalization and integration and how markets are prepared to face the entailed challenges.
Óscar Fabián Gutierrez, partner of Palacios Lleras, gave a presentation on "Maintenance of depth of public channels".
Ports and their access channels
The "access channel" is the route that allows the entrance of ships to the port. At first there were "natural" access channels in the sense that men "discovered" which route was safe and with adequate depth to reach a port. Artificial channels appeared later on, meaning those whose depth is obtained or maintained by means of dredges.
The access channel and the importance in the competitiveness of ports
The importance of a port in a country's trade and international trade is determined by the degree of cargo mobilization. The potential of port traffic depends, among other things, on its strategic location, its natural conditions, its proximity to international trade routes and an internal balance of outgoing and incoming cargo. On the other hand, the efficiency of a port relates to three factors: i) infrastructure; Ii) equipment and iii) operations logistics.
Should the concessionaire take over dredging responsibilities?
Conpes Document 3744:
"... according to Law 1/1991port concession contracts should be a mean to implement a global model of port management –Landlord type- in which in the same concession construction, management and operational activities are progressively developed. . However, this purpose is far from being a reality, since the implementation of the management model is partially done. C onsequently the operational services, of high importance for the operation of a portare excluded from concessions."
[Decree 320 of 2013] Article 7. Guarantee of compliance with the general obligations of the port concession contracts, concessions for wharfs, approvals and temporary authorizations on areas of seas and rivers for public utilization. In areas of seas and riversfor public utilization, the beneficiaries of port concession contracts, concession for piers, homologation and temporary authorization must grant a guarantee that hold harmless the Nation, through the granting entity, the National Institute of Roads (Invías), the Superintendency of Ports and Transportion and to the municipality or district where the port or pier operates, from damages resulting from breach of the concession or authorization.
This guarantee will also cover the payment of fines and the penalty clause.
This guarantee will be granted for port concessions and concessions for wharves, for three percent (3%) of the value of the approved investment plan; this percentage cannot be, in any case, less than 100 current legal monthly minimum wages.
Pedro Pacheco expertise focuses in financial law, dispute resolution, administrative and constitutional law. He is an attorney fromRosario University, with post degree strudies in commercial and financial law from the same University. He is currently a master candidate in economic law at Pontificia Universidad Javeriana.
Mr. Pacheco was recognized by "The Best Lawyers in Colombia 2015" in financial and banking law; he has more then five years working with Palacios Lleras, which makes him a key member of the firm.
“20 years of Laws 142 and 143/1994: achievements and challenges”
Palacios Lleras, Pontificia Universidad Javeriana and the Center for Studies in Public Services, Infrastructure and ICTs – CESIT, joined in an academic forum to discuss Laws 142 and 143 of 1994 achievements and challenges. The forum took place on August 14, 2014 at Pontificia Universidad Javeriana.
Pablo Felipe Robledo, Industry and Commerce Superintendent, inaugurated the conference speaking about the role of SIC in Telecommunications, referring to the structure and powers of the entity, as well as the most recent decisions that this authority has taken as antitrust authority.
Then, Mr. Hugo Palacios Mejía, founding partner of Palacios Lleras and codirector of Cesit, referred to the subsidies in Law 142 and, in particular, to two specific features of the constitutional and legal regime of subsidies in public services. First, he criticized the proposal to replace "stratification" with "cadastral appraisals" as a tool to define subsidies and contributions in public services. Mr. Palacios referred to this proposal as complicated, due to its incidence in the cadastral tax and the possible politicization in the management of appraisals. He also said that the formula is extraneous to the required constitutional criteria to serve as a basis for a system of subsidies for low-income users. Secondly, he drew attention to the need for a new legal regime of subsidies, aid or support of various kinds, complementary to those of Law 142, which would allow water, basic sanitation, electricity and gas to be brought to the people living In special conditions of poverty. Those who live far from the urban centers, or those who live in subnormal urban centers, people placed for reasons beyond their control to care for others (prisoners, sick); persons in areas of invasion or inhabitants of illegal settlements; and, of course, those who require a minimum of water and sanitation, but have failed to pay, would be favored. For all these realities, he said, a specific legal treatment is required to complement Law 142.
Mr. Alfonso Miranda, director of Economic Law Division at Pontificia Universidad Javeriana, referred to the competition in public residential services. Mr. Miranda emphasizedthat Law on home public services has the most important special regime of competition due to the relevance of these services to the satisfaction of the basic needs of the most vulnerable populations. He suggested that competition rules should be reorganized into a special chapter that would be more harmonious with the general regime of free competition.
Mr. Julián López Murcia, attorney from Pontificia Universidad Javeriana and a PH.D Candidate from Oxford Universityanalyzed source and development of vital minimum of water Colombian regulation following Constitutional Courtdecisions. These decisions have referred (since 1992) to the provision of drinking water as a human rights issue. This regulatory rationale has been applied by trustees throughout the country and more recently by CRA Resolution 665 of 2013, according to which, the providers that implement the prepayment option, must comply with jurisprudential judgments referring to the minimum. Mr. López proposed moving from an independent regulatory agency to a regulatory company between different levels of government, where regulators are not only responsible for economic goals but also for social or distributive goals.
Panel I, was moderated by Julián López. It was dedicated to the Improvement in the Regulation of Public Services in Colombia. The following scholars participated in this panel:
Vanessa Suelt, from Pontificia Universidad Javeriana, referred to the evolution of t administrative police concept including the appearance of special police officers in charge of protecting certain goods and services from regulated economic activities, under the imposition of sanctions and remedial measures. She approached inspection and surveillance powers within the framework of public services under the new conception of Colombian State.
Andrés Palacios Lleras, associate of Palacios Lleras and PHD candidate at at University College London, lectured on competition in public services. Mr. Palacios analyzed different articles of Law 142 of 1994 that establish obligations and rights in the field of competition, and concluded that the essence of these provisions is that users may have access to public services homes, may choose between different service providers, and may change providers, within their reach.
Pedro Pacheco, partner of Palacios Lleras, addressed the constitutional and legal scope of the regulation and invited to study the role of regulatory commissions and the role of judges in deciding on the validity of regulatory acts.
Judith Echevarría, professor at Universidad del Norte, lectured on the regulatory role of judicial authorities and the positive impact that could result when users control their consumption.
Javier Rincón Salcedo, i professor at PUJ, analyzed decisions related to public services and proposed a stronger ex-ante control to providers to guarantee free competition.
Panel II was moderated by Óscar Fabián Gutiérrez, partner of Palacios Lleras. It discussed the main institutional problems of regulatory commissions, the main threats to their independence, as well as the challenges and difficulties of the regulatory task and compliance with regulations. The panel was attended by:
Carlos Fernando Eraso, Executive Director of CREG, who stated that there is no single universal rule in the field of institutional design of regulatory commissions, since while some regulators are responsible for inspection, monitoring and control, this is not the case. Colombian case, where such functions are assigned to the commission and to the superintendence, respectively. For him, this is not a matter that deserves reproach
Pablo Márquez, Executive Director of CRC, criticized the lack of independence of the CRC and the lack of functional convergence and uniformity of criteria between this commission and other entities with interference in the sector's policies.
Finally, Mr. Julio Cesar Aguilera, Executive Director of the CRA, referred to the rules from other entities associated with the Commission that also form part of regulatory in and that affect the regulatory standard issued and, therefore, the behavior of the market agents.
The closing conference was given by Ricardo Guzmán Arroyo, Secretary General of the Superintendence of Public Utilities,. Mr. Guzmán lectured form the perspective of the supervisory body. He referred, among other things, to the gaps left by Law 142 of 1994 and to the complementation that has taken place through regulation, doctrine and judicial decisions, with the references to Law 1437 of 2011.He , emphasized on the procedure to impose penalties to public service providers, but missed the existence of a particular and special procedure for the defense of users in the company. Finally, he proposed an update to Law 142 to extend the powers of the SSPD so that this entity could, for example, adopt expeditious but provisional solutions when it encounters circumstances that threaten to seriously and urgently compromise provision of public services, as well as to impose the sanctions dealt with in article 81 before administrators of public service providers.
May 2014 – In order to consolidate its leadership in the advisory and representation in matters of public law, the firm founded by former Minister of Finance and Public Credit, Former Manager of the Bank of the Republic and current partner, Hugo Palacios Mejía, incorporated Carolina Deik as associate attorney.
I started my career at Palacios Lleras After having worked in the Ministry of Justice and Law and at the academy, I am happy to return to Palacios LLeras practice being part of a team that is widely recognized in what I consider my expertise: Public Law ", comments the new associate.
Carolina Deik is a an attorney from Pontificia Universidad Javeriana, has a postgraduated degree in Administrative Law from the same university and an LL.M.from Harvard University. She is PHD candidate from Universidad Externado de Colombia. She worked as a junior lawyer for Palacios Lleras and as an external legal advisor for a construction company, and for law firm Esguerra Barrera Arriaga. She was an advisor to the Office of the Minister of Justice and Law and has been a professor of Public Contracts at Universidad de los Andes and Pontificia Universidad Javeriana,; also, assistant professor of Constitutional Law at Pontificia Universidad Javeriana
She has written numerous legal articles, received multiple scholarships and outstanding awards, such as the Deans Scholar Award in Globalization of Law and Legal Thought of Harvard University and “Órden al Mérito Académico Javeriano” for her academic excellence, among others.
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April 2014. Palacios Lleras's dispute resolution practice is annually recognized by the most prestigious publications and rankings.
On 2014 International Acquisition awarded Palacios Lleras's dispute resolution practice with "Litigator of the Year - 2014" award.
Acquisition International is a monthly magazine published by Al Global Media Ltd., whose mission is to disseminate news about corporate finance. Its awards recognize the exceptional work of companies and professionals that excel in dispute resolution practice. The magazine identifies and rewards success, innovation and ethical practice. This year, approximately 500 awards were awarded in more than 60 countries.
To know more about the award and the magazine, please visit:
Infraestructura de transporte en Colombia
Abril de 2014