A tie in the Court on the pension reform forces a fellow judge to define whether the rule falls due to procedural defects.
The Plenary Chamber of the Constitutional Court will have to resort to co-judge Carlos Pablo Márquez Escobar to resolve the debate on the pension reform, which faces 85 lawsuits, including one with the presentation of magistrate Jorge Enrique Ibáñez who asks to overthrow it due to procedural defects.
The high court deadlocked with four votes in favor and four against Ibáñez’s positionpresident of the corporation, so appointed Márquez to break the tie in the next deliberations. Judge Héctor Carvajal was not part of the vote.
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Márquez, chosen by lottery in the plenary session, is a lawyer from the Javeriana University. He has a master’s degree in Economics from the same study center, where he has been a teacher, and one in Law from Harvard, as well as a doctorate in Law from the University of Oxford.
The room left without voice or vote to Carvajal for having intervened in three of the processes that the pension faces. President Gustavo Petro’s trusted man defended Law 2381 for Colpensiones and the Ministry of Labor, so was recused.
“The challenged magistrate issued, repeatedly and prior to his possession, legal concepts on the constitutionality of the same legal provision that now seeks to judge“said Senator Paloma Valencia, one of the plaintiffs, in a letter to the Court.
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For Carvajal, Ibáñez created “a procedure not established by law” and he ignored the principle of good faith, according to a letter he sent to the head of the high court showing his “strong protest against the way in which the recusal has been processed.”
Ibáñez defends that the House of Representatives failed in the legislative process of the reform by approving exactly the same text that the Senate endorsed without delving into its content. Congress, for its part, assures that it did not fall into any irregularity.
For now, the clash of positions will spread. This Monday the Court had the pension reform as the only item on its agenda, but The rest of the week there is no scheduled next discussion on the matter. The rule will remain suspended, without coming into force.
Source: Integrated Information System
