ARMENIA
Attention that the Quindío Administrative Court invalidated the agreement that sought to implement photo fines in Armenia.
It is worth remembering that, in the council of Armenia, in the midst of controversies, protests and others, 11 councilors approved the municipal agreement 302 which indicates “by which the mayor is authorized to enter into a concession contract to provide transit services for the city of Armenia, Quindío”
After completing the legal procedures in the council, the agreement was sent to the legal office of the government of Quindío for review and then transfer to the Administrative Court of Quindío which has the last word regarding the validity of the agreement.
In the last hours it was learned that the Administrative Court of Quindío declared the agreement invalid and the notification appears registered on the SAMAI page of the Colombian judicial system where it indicates that it declares disability of the agreement in question, but the document is not yet publicly known, to know if it deals with the entire agreement or some parts of it.
At Caracol Radio Armenia we speak with the legal secretary of the government of Quindío Juan Carlos Alfaro upon learning of this decision and pointed out “it is important to note that the observations presented to the Administrative Court of Quindío with respect to agreement 302 of the Municipal Council of Armenia of the year 2024, basically refer to constitutional and legal issues since the competence that is assigned to the departments regarding the review of said agreements corresponds exclusively to those matters.”
Observations of the government of Quindío
It is important to note that this review was carried out, since some situations regarding mainly matters that have to do with the studies and analysis necessary in our opinion for the purposes of being able to study and analyze and authorize a concession of that nature.
And he adds that it also refers to some type of inconsistency that in our opinion presents within the administrative act of the aforementioned agreement since the title of the agreement refers to the authorization of Transit services of the municipality, but in the operative part of said agreement they authorize some services, In our opinion, each of their services should require a technical study that justifies the reasons why they can or cannot be concessioned. taking into account that Law 1508 of 2012, which regulates the entire concession issue or known as apps, establishes that this is an appropriate model not only for providing public services but also for the execution of works, but that in any case said decision must be supported by an analysis in comparative studies which in our sense were not reflected in the agreement.
The legal secretary of the government, however, clarified “it is important to note that although and through the SAMAI, which is the mechanism used by administrative justice in this case, the Administrative Court of Quindío to notify decisions, since the ruling appears pending or in the process of notification by which the invalidity of said agreement is declared, At the moment we do not know the specific arguments for which the invalidity is being declared, because there may be those alleged by the department or some that the court also found. So, let’s say it would be somewhat light to give an opinion regarding the court’s decision, what yes, is that we are waiting to know the specific text of the ruling, but the notification refers to the invalidity of said agreement.
Precisely the mayor of Armenia Through a four-point statement they made known their position on this issue, in the document they point out:
Release of the mayor of Armenia
1. The decision has not been properly notified yet.for which reason the factual and legal reasons that supported the single instance ruling of the Honorable Administrative Court are not known.
2. Being a sole decision, The Municipality of Armenia is respectful of the rulings issued by the honorable Administrative Court of Quindío, and will adopt corrective measures in relation to subsequent actions that have the same nature.
3. Once the decision is known in its entirety, The Municipal Administration will carry out the analysis of the factual and legal arguments and will establish the route that will be followed for this highly relevant project for the city of Armenia, Quindío.
The Municipal Government continues working to build an Armenia with More Opportunities, always oriented towards compliance with the legality of each of its actions.
