Constitutional Court closes the door to Pipe Córdoba’s aspiration to become attorney

The W learned that after a year, the Constitutional Court published the constitutionality ruling from reform to statutory law of administration of justice.

This decision is known after, months ago, Porque La W revealed how the forces seeking to bring the former comptroller would be aligned. Felipe Cordoba to the Attorney General’s Officereplacing Margarita Cabello, who took office on January 15, 2021 and whose replacement should occur in 2025.

In the past, the Supreme Court of Justice had issued a official communication to request the Minister of the Interior, Luis Fernando Velasco, to raise a consultation with the Council of State to determine what is the profile either what the resume should be like of the person who aspires to be Attorney General of the Nation.

This, to know if “the lawyers could prove the experience acquired in the exercise of professions that belong to the same area of ​​knowledge” so that Córdoba could sustain its 10 years of experiencerequired for your application, for the sum of your races.

However, now the Constitutional Court closed the door to the aspiration of Felipe Cordoba when, last Tuesday, May 29, he released the document that, among other things, declared the inequity of the norm which allowed candidates to Attorney General of the nation homologate the experience obtained in other professions other than the right to complete the years of experience required for that position.

The rule that opened the doors for recently graduated lawyers to occupy the position of attorney was the second paragraph of this article of the law:

ARTICLE 128. ADDITIONAL REQUIREMENTS TO BE AN OFFICIAL OF THE JUDICIAL BRANCH

To hold office as an official of the Judicial Branch, the following additional requirements must be met, in addition to those established by law:

1. For the position of Municipal Judge, have professional experience of no less than three (3) years.
2. For the position of Circuit Judge or its equivalent: have professional experience of no less than five (5) years.
3. For the position of Court Magistrate: have professional experience for no less than ten (10) years.

• PARAGRAPH 1. The experience discussed in this article must be acquired after obtaining the title of lawyer in legal activities, whether independently or in public or private positions or in the exercise of the judicial function. In any case, for these purposes, the activity as a judicial employee carried out after obtaining the law degree will be counted as professional experience.
• PARAGRAPH 2. For the experience discussed in this article, as well as to exercise the position of Attorney General of the Nation, Attorney General of the Nation, Ombudsman and National Registrar of Civil Status, lawyers who have additional titles in Higher education programs may credit as professional experience that acquired in the exercise of professions in political science, government, finance, international relations, economics, business administration and public administration.

However, the ruling recently published by the Constitutional Court states the following:

• 1695. On the other hand, the rule of homologation of experience included in said paragraph to occupy the other positions mentioned in the article is also unconstitutional since a guarantee of the judicial function is that judges and magistrates have the necessary legal powers to exercise it. . This only occurs if it is clearly ensured that the official has minimal legal experience. The Plenary Chamber considers that by virtue of the provisions of Title VIII, Chapter 1 of the Political Constitution (general provisions of the Judicial Branch), judges must have training aimed at resolving the controversies that are raised before them. Therefore, although the fact that judges have other professional training may be relevant, these additional qualifications cannot replace the experience required in the position, which is based on analyzing and resolving legal matters. On the other hand, the rule of homologation of experience included in said paragraph to occupy the other positions mentioned in the article is also unconstitutional since a guarantee of the judicial function is that judges and magistrates have the necessary legal powers to exercise it. This only occurs if it is clearly ensured that the official has minimal legal experience. The Plenary Chamber considers that by virtue of the provisions of Title VIII, Chapter 1 of the Political Constitution (general provisions of the Judicial Branch), judges must have training aimed at resolving the controversies that are raised before them. Therefore, although the fact that judges have other professional training may be relevant, these additional qualifications cannot replace the experience required in the position, which is based on analyzing and resolving legal matters.

Under this analysis, the Constitutional Court declared the constitutionality of article 67except the second paragraph which is declared unconstitutional.

How does this decision affect Felipe Córdoba’s aspiration?

Months ago, Porque La W announced how the forces that seek to bring the former Comptroller Felipe Córdoba to the Attorney General’s Officereplacing Margarita Cabello, who took office on January 15, 2021 and whose replacement should occur in 2025.

The position of Attorney General of the Nation is elected by the Senate of the Republic from a shortlist presented by the president, the Supreme Court of Justice and the Council of State.

It is necessary to remember that between 2021 and 2022, it was known how Córdoba, close to the Conservative, Liberal, La U and Centro Democrático parties, obtained his law degree in record time at the same time that he obtained his doctorate in Law, despite the fact that his doctoral thesis was surrounded by questions by a alleged case of plagiarism.

Subsequently, Porque La W reported that the Supreme Court of Justice issued an official communication to request the Minister of the Interior, Luis Fernando Velasco, to submit a consultation to the Council of State to determine what is the profile or how it should be resume of the person you aspire to to be Attorney General of the Nation.

Additionally, according to the document, the high court asks Velasco the following:

• “Yeah product of a systematic interpretation If it is considered that the ideal is to meet requirements similar to those established to be a judge of the high court, it would be appropriate to apply articles 16 of Law 2113 of 2021 and 4 of Law 2119 of 2021, and in this sense the Lawyers could prove the experience acquired in the exercise of professions that belong to the same area of ​​knowledge.”

This means that Córdoba’s nominator could argue that the former comptroller can prove his 10 years of experience for the sum of their careers.

Later, Follow The W consulted with the Council of State about this requirement that reached the Consultation and Civil Service Room. The court confirmed that this process, which was already in process and kept confidential (which could last four years), was waiting for the concept comes out.