Foreign Ministry asks to annul ruling on Verónica Alcocer as special ambassador

The ruling was issued on April 25 and it clarified that the president Gustavo Petrobeing Alcocer’s spouse, could not appoint her on that special mission that allowed her to travel to a meeting with the Pope Francisco.

That designation, for the majority of magistrates who participated in the debate, went against article 126 of the Political Constitution, which says that “In the exercise of their functions, they may not appoint, nominate, or contract with people with whom they are related. up to the fourth degree of consanguinity, second of affinity, first civil, or with whom they are linked by marriage or permanent union.”

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However, EL TIEMPO learned that the The Foreign Ministry is now seeking to declare the annulment of that sentencearguing that due process and the right to defense were violated by not having been notified for the debate.

That is to say, that the entire process that began with Harold Sua’s lawsuit against Decree 0035 of 2023 be brought down (that of Verónica Alcocer as special ambassador), and therefore “a new admissory order is issued in which the Ministry of Foreign Affairs is linked as a defendant to the Nation.”

The file has the precedent that for the Attorney General’s Officethe lawsuit was destined to succeed, since the administrative act that allowed the trip was “issued in violation of the rules on which it should be based and, consequently, meet the budgets of articles 137 and 275 of the Code of Administrative Procedure and “administrative litigation”.

And he added that Article 126 of the Constitution set limits for public servantsunder the understanding that “not everything goes“.

The Foreign Ministry document is signed by the lawyer Jorge Barrios, who represents the interests of the Executive portfolio. In it, Barrios explains that since Decree 00035 was issued by the President of the Republic and the Ministry of Foreign Affairs, this wallet had to have been linked to the case.

“The non-involvement of the Ministry of Foreign Affairs, in its capacity as a necessary passive consortium, materializes a defective notification that cannot be rectified, as a procedural defect“says the office.

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And they add that in that sense, “it is concluded that since it is a requirement for the issuance of the requested act of commission, it contains the signature of the Minister of the branch, in this case: Foreign Affairs, It is necessary to involve this Ministry in any action that falls on the demanded decree“.

To support its request, the Foreign Ministry also brought up the jurisprudence of the Constitutional court facing the issue, which will have to evaluate justice to decide whether the lawyer is right or not.

The document with which the Foreign Ministry intends to guarantee the right to defense and due process was filed on May 2, and arrived this Monday at the office of the rapporteur magistrate, Luis Manuel Lassofor the respective procedure.
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Carlos López – Justice – @CarlosL49 – [email protected]