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Legal consulting Introduction |
The Research Center’s scientific and academic activities are complemented by the drafting of legal opinions on Comparative Law, in three languages.
In order to carry out these tasks satisfactorily, Professor Natalia Bernal Cano and, occasionally, her expert consultants, will conduct in each project chronological and thematic studies of the civil, administrative and constitutional jurisprudence of the high courts in different countries. They will also perform analyses of the jurisprudence of the European Court of Human Rights, and specialized doctrinal studies.
Any person, law office or institution may request our consulting and research services.
Our reports are written in English, Spanish and French, taking into account the legal systems in which these languages are spoken. The methodologies are developed on the basis of Comparative Law arguments.
Following are our areas of expertise: |
| I. Constitutional mechanisms for the protection of human rights |
Opinions related to the constitutional protection of individuals by constitutional jurisdictions are developed on the basis of each legal system’s procedures and its theory and jurisprudence on specific fundamental rights, such as human dignity, equality, public freedoms, due process and social rights.
The following procedures are analyzed:
1 - Priority issues of unconstitutionality in the French, Italian, Spanish and German legal systems.
2 - Individual constitutional appeals or actions for the protection of constitutional rights (amparo) in Germany, Spain, France and Italy.
3 - Constitutional actions: Colombian tutela and public actions alleging unconstitutionality.
Professor Natalia Bernal Cano’s legal opinions are based on chronological and thematic normative and jurisprudential analyses of mechanisms for the protection of rights under European and Colombian law. The studies also include legal literature. The issues are analyzed in a detailed manner, taking into account the decisions of the following constitutional courts:
a - The European Court of Human Rights
b - The French Constitutional Council
c - The Constitutional Court of Germany
d - The Constitutional Court of Spain |
| II. Administrative liability |
In this area of work, the opinions issued by Professor Natalia Bernal Cano at the Research Center are related to all systems of liability, or forms of attribution of liability, of entities that comprise the State (territorial institutions or collectives). The opinions or consultations also include analyses of all types of damages suffered.
Following are the specific liability regimes studied:
Medical and hospital liability
Liability for jurisdictional errors
Liability in risky activities
Liability for damages caused by the application of laws and administrative decisions that violate the Constitution |
| III. Administrative proceedings |
Professor Natalia Bernal Cano performs comparative studies of all actions and proceedings whose objective is the review of the legality of administrative decisions, such as the appeal for abuse of power or action for annulment, and the action for annulment and reestablishment of rights, as well as disputes involving the Administrative Liability of the State under Comparative Law. |
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