This decision is known after the analyzes carried out on the alignment of the forces that seek to bring former comptroller Felipe Córdoba to the Attorney General’s Office, replacing Margarita Cabello, who took office on January 15, 2021 and whose replacement must occur in 2025.
In the past, the Supreme Court of Justice had 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 the profile is or what the person’s resume should be like. who aspires to be Attorney General of the Nation.
This, to know if “lawyers could prove the experience acquired in the exercise of professions that belong to the same area of knowledge” so that Córdoba could support its 10-year experience, required for its application, for the sum of its careers.
However, now the Constitutional Court closed the door to Felipe Córdoba’s aspiration when, last Tuesday, May 29, it released the document that, among other things, declared the unenforceability of the rule that allowed candidates for attorney general of the Nation approve the experience obtained in other professions other than law 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:
For the position of Municipal Judge, have professional experience of no less than three (3) years.
For the position of Circuit Judge or its equivalent: have professional experience of no less than five (5) years.
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:
- 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 67, except for the second paragraph, which is declared unconstitutional.
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 became 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 he obtained his doctorate in Law, despite the fact that His doctoral thesis was surrounded by questions due to an alleged case of plagiarism.
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