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August 15, 2022
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The impediment that would complicate possession of the appointed director of the DNP

César Ferrari will be the new director of National Planning

An impediment could complicate the arrival of the appointed director of the National Planning Department, César Ferrari.

(César Ferrari will be the new director of National Planning).

The economist, who works as a professor of Economics at the Javeriana University, has three nationalities: Peruvian by birth, Italian by blood and Colombian by adoption.

As stipulated by the article 29 of Law 43 of 1993, People who have Colombian nationality by adoption cannot hold this type of public office.

Article 29º.- Limitations to Colombian nationals by adoption who have dual nationality. Colombian nationals by adoption who have dual nationality will not be able to access the following public functions or positions:

– The references in the previous article (president, vice president, senator, magistrate of the Court, Prosecutor, Comptroller, Attorney, …)

– The Congress men

– Ministers and directors of administrative departments.

An administrative department is a body of the national central administration that is in the same hierarchy as a ministry, but that is more technical and specialized, as is the case of National Planning.

(The main needs to be solved by the new DNP).

Following this law, the constitutionalist Juan Manuel Charry told EL TIEMPO that any person with nationality by adoption cannot be the director of an administrative department. “The law is clear. If you have nationality by adoption, you cannot”he points out.

In addition to this, there is a concept of the Administrative Department of the Public Function of August of last year that also refers to this issue. In this you can read that “The law will regulate this exception and will determine the cases to which it must be applied.”

With information from THE TIME

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