A recent ruling by the constitutional Court concluded that the sanctioning power The Comptroller’s Office is unquestionably limited to the first two functions that Article 82 of the Constitution attributes to him, which are to supervise the legality of the execution of the State Budget and that of the operations of the public debt and that he should be the Congress who regulates the sanctioning powers of this body.
“(It is decided) to urge the Congress of the Republic to legislate delimiting the material scope of competence in matters of sanctions of the National Authority of the Civil Service-SERVIR and the General Comptroller of the Republic, in accordance with the provisions of the 49th reason of this ruling,” the document reads.
In this regard, it is clarified that the judgment of the TC -that The speaker was Judge César Ochoa Cardich— it has no retroactive effect on administrative processes that have already been completed or that are already in progress.
He TC clarifies that This ruling does not mean that the Comptroller’s Office “cannot supervise the legality of the acts of the institutions subject to control in accordance with its organic law, and carry out the control actions that arise from such powers,” but its sanctioning power “does not extend to all acts carried out by such entities, but is only applicable to the financial administration of public assets and resources.”
César Aguilar is the new comptroller. Photo: dissemination
“This Court interprets and therefore concludes that the sanctioning power of the Comptroller’s Office is unquestionably limited to the first two functions that Article 82 of the Constitution attributes to the CGR; that is, supervising both the legality of the execution of the State Budget and that of the operations of the public debt,” they mention.
Let us remember that, Comptroller’s Office Its role is to supervise and verify the correct application of public policies and the use of state resources and assets; to this end, it relies on its regional control departments, the Institutional Control Bodies (OCI) and the Audit Companies (SOA) through control actions in accordance with its powers described in Law No. 27785, Organic Law of the National Control System and the Comptroller General of the Republic, and Law No. 30742, Law to Strengthen the Comptroller General of the Republic and the National Control System.
Cesar Aguilar is the new comptroller, replacing Nelson Shack
Days ago, the Standing Committee of the Congress approved the report proposing to appoint César Aguilar as the new head of the Comptroller General of the Republic, replacing Nelson ShackUnlike other public offices, the comptroller has a 7-year term without the possibility of being re-elected. This decision was agreed upon with 28 votes in favor, 0 against and 0 abstentions.
That same day, an investigation by Canal N indicated that the now high-ranking official had omissions in his sworn statements that were not evaluated by the congressional commission that approved his nomination for the position. Aguilar Surichaqui In 2018, he did not declare the company Aguilar & Motta Abogados, of which he was a partner and shareholder, until he transferred it to third parties that same year.
