The Constitutional Court certified copies for the Judicial Disciplinary Commission and the Prosecutor’s Office to investigate magistrates of the Superior Court of Barranquilla who granted a guardianship that revived the EPS Asociación Mutual Barrios Unidos de Quibdó (Ambuq).
This is an analysis made by the court on the possession and liquidation of Ambuq.
This EPS was liquidated in 2021 by the National Health Superintendence, but the court magistrates revived it through a guardianship.
The case reached the Constitutional Court due to a protection action filed by three women arguing that the decision made by that entity deprived users of freely choosing their EPS.
The Eighth Review Chamber of the high court, in its analysis, concluded that the guardianship that revived the EPS did not meet the requirements for admission. In addition, there was also no danger of “irremediable damage” because, although it could be said that the affectation was imminent since the takeover implied the liquidation of AMBUQ, it did not prove to be serious.
“In accordance with the probative evidence, the guardianship action does not meet the requirements of legitimacy by active and subsidiarity from the perspective of the plaintiffs, the legal person and the users,” explained the Chamber with a presentation by Judge José Fernando Reyes fourths
The high court warned that judges must abide by jurisprudence both in substantive matters and in procedural requirements. “It is clear that the Criminal Chamber of the Superior Court of the Judicial District of Barranquilla did not adequately assess the configuration of these requirements and considered them fulfilled despite the fact that, for the reasons stated, it was an openly inappropriate request,” he stressed.
The Chamber also recalled that the protection action cannot be instrumentalized for purposes other than the protection of fundamental rights. In that order, the ruling declared the guardianship action filed by the citizens against the National Health Superintendency inadmissible.