The Administrative Court of Cundinamarca annulled the ruling that froze the amendment to the Guarantees Law that was included in the 2022 budget law recently approved by the Congress of the Republic, because the judge of first instance violated the right to due process, since he did not take into account the Presidency of the Republic in the case.
“By virtue of the foregoing, and despite the fact that the debate focuses on the legislative procedure and the analysis of constitutionality that corresponds to the Constitutional Court, the office considers that the involvement of the President of the Republic, Dr. Iván Duque Márquez, was necessary since Law 096 of 2021 Senate and 158 of 2021 Chamber ‘By which the income and capital resources budget and appropriations law are decreed for the fiscal period from January 1 to December 31, 2022’ requires its sanction , which directly affects the fundamental rights alleged by the plaintiff ”, highlights the fault.
Thus, the Third Administrative Court of Bogotá lacked competence to process the protection action, “(…) and therefore, the rules of jurisdiction allow determining that the first instance of the present protection action corresponds to know it to the Honorable Council of State in first instance”.
