He Council of State studies a consultation which seeks to establish what are the requirements to aspire to be a candidate for Attorney General of the nationfor the specific case of the former comptroller Felipe Córdoba, who would aspire -as it has transpired- to occupy that position to replace Margarita Cabello.
The consultation raised by the National Government requests clarification if the 15 years experience required by law can be approved with university courses other than Law.
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However, in a bug known in recent hours, the Constitutional court resolved this matter in a sentence that would put a stop to Córdoba’s aspiration.
The Council of State is studying the government’s consultation, but The Consultation Room did not reach an agreement in the last hours, so they decided that a co-judge should resolve the discussion on the requirements that Felipe Córdoba must meet to aspire to Attorney General.
The decision
On May 29, the court published the ruling on the constitutional review of the Statutory Administration of Justice Law, in which the requirements to occupy the position of Attorney General, Attorney, Registrar and Defender were established.
“To exercise the position of Attorney General of the Nation, Attorney General of the nationOmbudsman and National Registrar of Civil Status, lawyers who have additional degrees in higher education programs may accredit as professional experience that acquired in the exercise of professions in political sciencegovernment, finance, international relations, economics, business administration and public administration,” states the article of the law.
For the Full Chamber of the court, judges may have another professional career. However, the positions of Attorney General, National Registrar and Ombudsmanare not related to the administration of justice.
Scope of the sentence
“The rule of approval 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 the judges and magistrates have the necessary legal skills to exercise it,” the decision added.
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For experts like Hernando Herrera, president of the Excellence in Justice Corporationthis decision leaves a constitutional vacuum, since the requirements to occupy the position of Attorney General are not established, as is the case in the case of the Attorney General, Therefore, they will be in charge of shortlisting the candidates, who must limit the requirements.
“The same does not happen in the case of being a Attorney and it is up to the organizations in charge of integrating the shortlist to elect a Attorney to precisely define those requirements. In this case, then, that determination corresponds to the Council of State, the Supreme Court of Justice and the Presidency of the Republic.”Herrera stated.
