By: Jaime Alberto Arrubla Paucar
All of Colombia was astonished when, after observing the position of the traditional political parties with important influence in Congress, the necessary to approve or sink bills, which spoke out against the approval of the health reform, considering it inconvenient for Colombian society, to the extent that it destroys what has been done and nationalizes a public service that has been working well, if one takes into account the health coverage that Colombians enjoy today, greater than 90%; it continued with its approval in Congress.
When the U, Liberal, and Conservative parties, which were previously in government, declared themselves independent and decided not to support the Government in its proposal, we took it for granted that the current health system would be maintained. However, it was enough for the Government to change its strategy of negotiating with the heads of the parties and start a wasp operation, with individual parliamentarians, who proclaimed their independence and right to autonomy, so that in a few hours, destiny was changed. of the reform and is now in the process of approval with the majority of its articles already approved.
What happened teaches us that contemporary congresses stopped complying with their fusion of control in the face of executive actions; to the extent that the government in power seduces them with prebends to obtain the approval of their projects. But, in addition, the political parties are in crisis, since their benches no longer act in accordance with their ideas or the orientations of their leaders; they are co-opted by the executive in power, who has a wide power of seduction with the budget and government posts. Bad democracy.
We are left with the judiciary to carry out the democratic counterweight. It corresponds to the Constitutional Court to be the judge of the congress in the production of the laws; that they comply with the formal procedures provided for in the Constitution and that they do not contradict it in their contents. However, concern remains with the origin of the magistracies of those who make up the Court; all are elected by the Senate, after a political debate, in which those who have the favor of the executive in power, who is the one who controls the majorities in congress, are elected. In addition, it has the power to nominate three of the nine magistrates that make up the Court. For this reason, sometimes, that counterbalance that the Court must make is seen diminished, without force. Vain check.
The health reform project, according to the opinion of many, has had an inadequate process; should have been processed as statutory law and not ordinary. We will see what analysis the Court makes when the unconstitutionality claim arrives, which we are sure will arrive. There we will know if the control works.
In order to maintain the balance of powers, there remain the Ordinary Justice and the Contentious Justice. The magistrates and judges are the ones in charge of the prevalence of the institutions, enforcing the Constitution and the law. Let us trust that all is not lost for Colombia.