Annulment of the appointment of Alberto Carrasquilla: plaintiff ensures that this order must be executed under the legal provisions

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The shock that caused the ruling of the Council of State, removing the former finance minister from the Board of Directors of the Bank of the Republic, already has a deck of possible successors, implying that the economist would not return to the issuer

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Nulment of the appointment of Alberto Carrasquilla: plaintiff assures that this order must be executed under the legal provisions

File photo. The former Minister of Finance of Colombia and co-director of the Banco de la República. Alberto Carrasquilla was removed from office by the Council of State. REUTERS/Luisa González

This week the Fifth Section of the Council of State published a ruling annulling the appointment of Alberto Carrasquilla, who until the time of publication was a member of the board of directors of the Banco de la República . One of the plaintiffs, Juan Sebastián Moreno, declared that, although it is true that the president has the power and authority to appoint charges, it is also true that the president must comply with what is established by law, let us remember that This arrangement was thanks to Iván Duque, who finished him for the position after his departure from the Ministry of Finance, after his failed tax reform. Logically, this provision has already begun to consider the possible names of who would replace him at the issuer.

According to what the high court supported, the appointment of Carrasquilla does not know article 4 of Law 582 of the year 2000, which requires the participation of women in the highest decision-making levels, or also known as the gender quota, which apparently would also apply in the Banco de la República.

“The Electoral Chamber, consequently, considered that since there are five members exclusively dedicated, the gender quota of 30% was met with two women, therefore, to provide for the absolute absence caused by the resignation of Carolina Soto , a woman should have been appointed, which did not happen, on the contrary, these members were made up of four men and a single female representative,” stated the Council of State.

Since 2018, when the presidency of Iván Duque began, the issuer's board of directors has featured names such as: José Antonio Ocampo (currently minister of finance and public credit) , Arturo Galindo, Ana Fernanda Maiguashca, Gerardo Hernández and Carolina Soto. For this reason, the fact that the then president would serve Carrasquilla, relying on the sentence of the Constitutional Court what declares the Banco de la República as an independent body of the State, therefore, the famous Law of Quotas would not apply to it.

Currently the board is made up of: Leonardo Villar (bank manager); and the co-directors: Roberto Steiner; Bibiana Taboada; Mauricio Villamizar; Jaime Jaramillo-Vallejo, and until this week Alberto Carrasquilla, in addition to José Antonio Ocampo, who, due to his status as minister, has a seat in this instance.

That was how the nullity of Alberto Carrasquilla was upheld

Nulment of the appointment of Alberto Carrasquilla: plaintiff ensures that this order has to be executed under the provisions legal

The Council of State announced its decision on the annulment of Alberto Carrasquilla.

In dialogue with Blu Radio, Juan Sebastián Moreno, one of the plaintiffs, in addition to relying on the quota law, explains that for several decades women have not had a notable presence within the issuer.

“Although the president has the power to give charges, he must also be aware that he does so under the Law. The Government of Iván Duque had to respect the regulations established in Law 581 of 2000 and balance the scales in the Bank of the Republic ( …) Since 1985 only four women have been on the board of directors, the rest have been men, a total of 35. The ex-ministers have every right to support Carrasquilla, but the Council of State is a collegiate body and ultimately they had the words. He had a chance to defend, but in the end he was beaten.”

As he highlighted in his comment and can be seen in the ruling of the State Council, Carrasquilla defended his appointment, assuring that his appointment was protected by constitutional autonomy, and that this demand had already been answered not not only by then President Duque, but also by his successor in the ministry, José Manuel Restrepo Abondano.

“The President of the Republic and the Ministry of Finance and Public Credit opposed the claims of the lawsuit with similar arguments to those presented by the defendant. They added that no evidence was provided to demonstrate the configuration of the objective and subjective elements to estimate that the principle of administrative morality had been violated. In addition, the president in no way violated the law, nor did he act for purposes other than those contemplated in the Political Constitution. In any case, they affirm that the grounds for electoral annulment are exhaustive and concepts of popular actions cannot be transferred to the means of electoral control”, highlights the procedural file presented by the court.

Even so, Moreno assures that the arrival of Carrasquilla to the bank, in addition to being controversial, was a kind of showcase after the failed tax reform:

“The members of the board of directors of Banco de la Republic are elected for a period of four years. The figure of Alberto Carrasquilla was controversial due to a reform that generated a social unrest, when he passed to the Bank, there was disagreement in the population, but until now the sanction was given, “he said in the previously referenced station.

Among the women who would replace Carrasquilla, since she would have to comply with the Quota Law, already well-known names such as Carolina Soto or Ana Fernanda Maiguashca are being probed; The current housing minister, Catalina Velasco, could also be appointed; or the rector of the Universidad de los Andes, Raquel Bernal.