The Council of State annulled the legal status of the Fuerza Ciudadana political party, through the recently issued ruling.
The Fifth Section of the Council of State declared the nullity of Resolution 5529 of 2022issued by the National Electoral Council, which had granted legal status to said party.
The High Corporation found that the resolution of the National Electoral Council violated article 108 of the Political Constitution and was based on a false motivation. It was determined that Fuerza Ciudadana participated as a significant group of citizens in the elections to the Congress of the Republic in March 2022, but did not manage to exceed the requirement of 3% of the national vote necessary to obtain legal status for the first time.
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Furthermore, it was considered that it was not appropriate to grant legal status to Fuerza Ciudadana under the exceptional rules. established by the jurisprudence of the Constitutional Court. It was argued that the situation of this party was not comparable to that of the New Liberalism party, which obtained its status due to proven acts of political violence against its leaders.
Nor was it considered legitimate to apply the parameters established in the SU-316 ruling of 2021in which the Colombia Humana party acquired its legal status based on the second highest vote obtained in the 2018 presidential elections.
Finally, it was emphasized that the implementation of the 2016 Peace Agreement, mentioned as one of the motivations for the contested resolution, has no normative value and its application requires the promulgation of laws that establish the criteria for the acquisition of legal personality, other than the constitutional requirement of the voting threshold.
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