The Council of State revoked the sanction against President Gustavo Petro for the lack of appointments in the Energy and Gas Regulation Commission (Creg). The high court reviewed the incident of alleged contempt that forced the head of state to pay a fine.
The faIt had been issued by Administrative Court of Cundinamarca because the necessary procedures had not been carried out to take possession of the Creg experts. Given this situation, The president had been ordered to pay five minimum salaries.
However, after a review, the Council of State decided to revoke what was dictated, indicating to the Court to monitor the appointments made in the regulatory entitywhich needs four of its six commissioners to have a quorum and make key decisions for the energy sector.
The Council also determined that the order that had been given in the Court was that the necessary steps be taken in 30 days to be able to appoint the officials.
In that sense, it was concluded that the order was aimed at seeking all possible avenues to possess the six experts, “although the final appointment may occur after that period.” That is to say, “The ruling did not require that the appointments be within that term, but rather that the process and legal requirements be ensured to integrate them into ownership.”
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The Creg was created in 1994 with laws 142 and 143.
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In summary, after analysis, it was determined that complying with the order did not imply that the six appointments had to hbecome effective within 30 days following the execution of the sentence of second instance, but that the corresponding procedures had to be initiated and carried out within that period.
It should be remembered that at the beginning of October, lawyer Milton Alexánder Dionisio, as President Petro’s attorney, had appealed the Court’s decision to open an incident of contempt against the president.
At the time, the defense highlighted that during these months Yes, work has been carried out to position the experts in the Creg; that the head of state has no responsibility in this matter and that the Court went too far to take this sanctioning measure.
“The sanction was based on evidence that was not validly carried out. That is, the incident was not requested to provide a report on the actions taken after July 31, a circumstance that clearly violates the guarantee of due process,” Dionisio highlighted.
PORTFOLIO
*With information from EL TIEMPO – JUSTICIA
