Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia

Abstract

This article analyzes the role of the Colombian Council of State, the administrative court of highest level in Colombia, in cases of collective litigation (acción popular). It answers the questions: Do outcomes in these cases vary depending on the right under litigation? Do parties with more resources achieve better outcomes? Does the government hold an advantage when facing other parties? The article analyzes quantitatively an original database of collective litigation cases on environmental protection, public security, the rights of consumers, and administrative morality, and interprets these findings using interview data. Results show that parties’ success rates vary depending on the right under litigation. The national government has the highest litigation success rate, but individuals are more likely to win than stronger parties like department and local governments. The article presents implications following the literature on courts and rights protection in the Global South and party capability.

Keywords

• collective litigation
• Colombia
• rights protection
• party capability
• litigio colectivo
• Colombia
• protección de derechos
• capacidad de las partes