Appointment and Retirement Age of Constitutional Court Magistrates

Litigation attorney Juan Casallas authored a column for Asuntos Legales about the recent appointment of magistrates to the Colombian Constitutional Court and the implications of the selection process and mandatory retirement age. Mr. Casallas reflects on the apparent lack of rigor in the nomination process in Colombia compared to countries such as the United States, and emphasizes the need to ensure that magistrates are the best legal professionals with respect from their peers and society. He also analyzes the debate surrounding the mandatory retirement age for magistrates, proposing that for certain positions, an eligibility age should be considered instead of forced retirement to preserve the necessary experience and capability. Additionally, he highlights the controversy around the inability to challenge magistrates in tutela proceedings, stressing the importance of balancing procedural efficiency with the right to due process.

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