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This article examines the institutions introduced in the Colombian legal system by Law 1437/2011 on the binding force of the precedent. It also verifies whether the comprehensive reform of these institutions under Law 2080/2021 addresses or solves the main problems arising from using the precedent because of regulatory gaps on the subject. Through a case study manifesting the issues produced by these regulatory gaps, we conclude that due to the procedural narrative under which this reform was conceived, Law 2080/2021 did not address the substantive interpretive problems related to the unification judgments and other instruments created by administrative authorities to positivize precedents in Colombia. Finally, the article clarifies that the reform did not address any substantive discussions about controls on judges' role in law-making, even though it continued the path traced since 2011 to strengthen judges' competence. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to explain the subjective scope of application of the precedent rule. An analysis of the normative structure of the precedent rule indicates that one of its main functions is to define the organs and procedures for the application of judicial precedents. From this analysis, it is shown that the definition of the subjective scope of application of the precedent rule (i.e. the set of organs with the competence to apply judicial precedents) depends on the definition of the structure of the jurisdiction. In this context, it is concluded that Colombian jurisdiction is constituted by a centralized and monist system in which the Constitutional Court is instituted as the closing organ of the judicial system in Colombia. Consequently, the subjective scope of the precedents of the Constitutional Court includes all organs of Colombian jurisdiction. In other words, these judicial precedents are vertical precedents for the decisions of all the courts, tribunals and judges that make up Colombia's jurisdiction. PT [ABSTRACT FROM AUTHOR]

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