In the midst of the controversy generated by the annulment of the election of Carlos Hernán Rodríguez as Comptroller General, two lawsuits were filed before the Council of State with the aim of annulling the appointment of the current Comptroller in charge, Carlos Mario Zuluaga.
The lawsuits allege that the appointment of Zuluaga was made by the outgoing comptroller Rodríguez, who did not have the necessary legal competence, therefore this designation corresponded to the Congress of the Republic.
Germán Calderón España, one of the plaintiffs, argues that the annulment of the election of Rodríguez as Comptroller, dictated by the Fifth Section of the Council of State, indicates an absolute lack of office.
«The literal text is absolutely clear and does not require interpretation, therefore, no law, decree law, internal resolution of the Comptroller General of the Republic or its internal regulations, such as, for example, the manual of functions, in which If the contrary is established, it could support a commission, since we would be facing a norm incompatible with the Constitution, for which reason it should have stopped applying as unconstitutional. says the lawsuit.
According to attorney Calderón, the outgoing comptroller did not have the authority to fill the position and appoint Zuluaga through Resolution No. ORD-80112 1499 of June 15, 2023.
“To the extent that this election is attributed exclusively to the Congress of the Republic by constitutional mandate, the person in charge while the new convocation process is in progress must meet the same requirements established for the titular Comptroller,” added.
The second lawsuit was filed by Edison Darío Telésforo González Salguero, who presents similar arguments. González Salguero maintains that, given the absolute vacancy of the position, Rodríguez lacked the necessary competence to issue the resolution that appointed Zuluaga as Comptroller in charge.
“Although it is true, until the last moment of June 15, 2023, he fully exercised the powers of the position he held, it is also true that in matters of administrative situations, he could only make decisions related to the employees of the entity he directed. , but never about his own employment», is read in writing.
«This is for a simple but very powerful reason, he is not the nominator of the public employment called Comptroller General of the Republic, because although it is one of the positions that is part of the global plant of the entity, it is the only one whose appointment does not depend on his will or his exercise as nominator. points to the text.
In this context, it will correspond to the Council of State to distribute the files and determine if it will exhaustively study these demands, which seek to annul the appointment of Carlos Mario Zuluaga as Comptroller in charge. The judicial process must clarify whether the appointment made by the outgoing comptroller was in accordance with current regulations and the Constitution.