May 20, 2020

Colombian Council of State Revokes Fixed Period of Four Years for Superintendents

Holland & Knight Alert
Danilo Romero Raad | Bettina Sojo

On May 14, 2020, the Council of State in Colombia overturned in a ruling of single instance1 the sections of the Regulatory Decree 1817 of 2015 that established a fixed period of four years for financial, company, and industry and commerce superintendents.

This regulation established that the president could appoint these superintendents for the respective presidential term. However, the plaintiff established that superintendents were freely appointed and removable, and therefore their appointment and removal was discretionary for the nominator without establishing a fixed period.

In this regard, the Council of State established that Congress is the entity in charge of issuing laws for regulating public employment and therefore also is in charge of the conditions of permanence and retirement. In this high court's opinion, that the executive establishes a fixed period for these positions via regulation may alter the balance of powers.

Bear in mind that this does not imply that there are going to be any removals or changes in current positions, since being freely appointed and removed, it will be the President who decides whether or not current officials continue in their positions.


Notes

1Consejo de Estado. Sala de lo Contencioso Administrativo. Sección Quinta. Magistrado Ponente: Luis Alberto Álvarez Parra. Radicación 11001-03-24-000-2015-00542-00.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.

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