2024-09-22 16:47:31
The Fifth Section of the Council of State decided to annul Resolution 1549 of 2023, by which the National Electoral Council (CNE) had granted legal status to the political party Nueva Fuerza Democrática (NFD), led by former President Andrés Pastrana.
The decision was issued on September 19, 2024, and establishes that the recognition granted by the CNE lacked a solid legal basis.
The Council of State, in a 62-page ruling, determined that the CNE violated several constitutional and legal articles by granting legal status to Pastrana’s party. Specifically, the court noted that the electoral authority inappropriately used the effects of the Constitutional Court’s ruling SU-257 of 2021, which had restored legal status to Nuevo Liberalismo, but under exceptional conditions that did not apply to the case of Nueva Fuerza Democrática.
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The Court argued that the CNE did not convincingly demonstrate that the New Democratic Force party had been the victim of systematic violence. and serious, as had been the case with New Liberalism, whose circumstances justified its reinstatement. The Council of State concluded that Pastrana’s party did not suffer the same impediments to exercising the fundamental right of political participation, and therefore the same criteria used in the decision of New Liberalism could not be applied.
Despite the nullity, the Council of State decided to modulate the effects of the ruling to avoid a greater impact on the territorial elections of October 29, 2023. In this regard, the ruling respected the principles of legitimate trust and good faith of the candidates who were endorsed by the New Democratic Force during the time that its legal status was in force, allowing the rights acquired during that period to be maintained.
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