"A grand strategy of judicial congestion would be those who have the responsibility to recognize the pension finally decide to abide by the Constitution and the Law": Attorney General's Office
The Attorney General's Office, Alejandro Ordóñez Maldonado presented a thorough analysis of the pension problem in Colombia, from the perspective of the Public Ministry, during a day of reflection on the cost of claims for pensions, which was conducted today at the headquarters of the Attorney General's Office.
Dr. Ordonez Maldonado recalled that before this Control Agency have made thousands of applications and complaints against the entities responsible for recognition and payment of pensions, where citizens ask the Attorney General to enforce the Constitution and the Law
Referring to the actions of the Attorney-oriented strict compliance with existing standards by those who have responsibilities for pension, the chief prosecutors said that does not match their competition to design the institutions, but it falls to the defense of order legal and fundamental rights "when the attorney involved in the exercise of its preventive role, it does simply to recall the duty, not to create rights and less to pretend to change them."
In this sense, also referred to the importance of the rights acquired against what he called "rebellious attitude" of public officials who seek to interpret the Constitution and judicial decisions through its circular and are often inaplicando judicial decisions, considering that this is not compatible with economic guidelines or their interpretations of pension rights.
The attorney general filed a reflection on the harmful effects it has on the public purse lack of opportunity in the process of recognition of pension rights and cited several examples of lawsuits that involved high costs for retroactive payments, interest and other factors. He said the responsibility for these detriments heritage lies with those who did not meet or recognize timely requests for those entitled to pensions.
He reiterated that discussions on the cost of pensions for some public servants in the national budget have not examined the costs that are generated when judicializes pension demands on behalf of the instructions or interpretations given to deny them: "The pension rights must be acknowledged to their rightful bearers, in administrative proceedings do not have very high economic costs and degrading: time, decent life for a former employee who has to spend years fighting not only a failure, but the fulfillment of it, "he said.
The Chief Public Prosecutor said that the main aspects of the problem on pension, identified through complaints and requirements of thousands of citizens are:
• The administrative inefficiency of the institutions to make timely decisions
• Delinquency in the acknowledgments, payroll and payment inclusions
• Failure to meet legal deadlines
• No application of the special arrangements under the transition rules
• Need to bring guardianship to obtain recognition of a right
• Conflict between individual savings scheme and the scheme average premium
• Failure of failures, resulting in contempt, new demands and executive processes
• The resulting cost increases and rising budget
In this sense, the chief prosecutors said that much of the congestion in the general jurisdiction court is due to the high volume of claims administration's refusal to recognize the law: "A grand strategy of judicial congestion would be that those with the responsibility to recognize the pension finally decide to abide by the Constitution and the law, "he said.
Referring to the recent decision by the national government to create Colombian Pension Administrator (Colpensiones), the chief prosecutors raised the question: "What is the intention of returning to the entity administering the average premium, a financial institution? ".
Attorney Ordonez Maldonado said the government should make decisions for the Social Security Institute (ISS) has capacity to respond to the tens of thousands of requests and demands, and must discuss the future of members, pensioners and current staff and contractors of the agency, taking into account the transition to Colpensiones.
Attorney Alejandro Ordóñez Maldonado reiterated that the prosecution will continue its management of legal defense and the rights of Colombians, in light of existing standards and competencies.
PGN | Fecha Publicación: jueves, 16 febrero 2012 02:55 PM