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February 3, 2023
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They annul the appointment of Andrés Barreto as commissioner of the CREG

They annul the appointment of Andrés Barreto as commissioner of the CREG

On August 2, the former Superintendent of Industry and Commerce Andrés Barreto took office in his new position as the new expert of the Energy and Gas Regulation Commission (Creg).

His appointment (by former President Iván Duque) was accompanied by a controversy and a lawsuit stating that he was appointed without complying with applicable legal requirements, such as having training and experience in the energy area and having served for more than Six years in positions of responsibility in public or private entities in the sector, as a consultant or as an advisor.

And although the Council of State refrained from suspending it while it made a substantive decision, EL TIEMPO established for the first time that there is already a ruling on the subject.

Indeed, on February 2, the high court decided to declare the act of appointment null and void.

The ruling states that “the defendant does not meet two of the requirements to occupy the job, because he must have recognized preparation and technical experience in the energy area, and have held positions of responsibility in public or private entities in the energy sector , national or international, for a period of more than six years; or having worked as a consultant or adviser for a period equal to or greater”.

In addition, it was stated that the accused appointment act is void for violating numeral 5 of article 275 of Law 1437 of 2011, since it fell on a person who, according to the data contained in the resume registered in the Sigep, You do not meet the requirements to hold the job.

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