¿Los elementos de la responsabilidad extracontractual del Estado en Colombia son dos o tres? A propósito de la relación de causalidad

This research article aims to demonstrate that there is no jurisprudential clarity regarding the elements of State responsibility in Colombia. In recent decisions, the State Council (Consejo de Estado) in some cases applies two elements and in other cases three. The methodology herein applied is based upon a historical analysis of how the State Council has, since its earliest decisions, established the elements of state responsibility. Second, I will present the current law on this subject and, finally, I analyze recent decisions of each of the judges making up the Third Section of the court. From this analysis, it is concluded the need for the State Council to unify its position on the necessary elements to establish property liability and to maintain the causal relationship as essential elements of their decisions. The determination of the elements of responsibility through jurisprudential means will allow the court to overcome theoretical contradictions, practical difficulties, and, above all, avoid decisions in which the rights of victims could be compromised.