Boletín 303

Attorney General's Office said the law can not ignore the constitutional initiative of the State Council

Fuente: PGN
Fecha Publicación:

The Attorney General's Office, Alejandro Ordóñez Maldonado, said the law that says who has the initiative to submit draft legislation to the Congress, does not ignore the constitutional competence of the State Council to prepare and submit such projects.

The assessment in this regard was made by the Chief Public Prosecutor to present their concept in a lawsuit challenging the constitutionality of Article 233 of Law 5 of 1992, which notes the constitutional initiative to submit draft legislation, which sought to Constitutional Court declared enforceable the rule.

The attorney general said that in reforming the Constitution, the Ato Court, Judgment C-551, 2003, considered that the regulatory framework is not contained only in Title XII of the Charter, but must be taken into account other constitutional and statutory and organic.

In the opinion of the chief prosecutors, the constitutional article 237.4 may be applicable to study the reform of the Constitution and process it, because it is a true rule of law and can be applied "directly, without the existence of the law is indispensable, and because even if the law did not provide for a hypothesis that the Constitution does provide, should be applied preferably the constitutional mandate, given the supremacy of the Constitution regarding the legal standard. "

He concluded that the Act does not ignore, nor can it ignore, as it does the Constitution, the initiative for the Council of State to submit draft legislation.

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