Andrés Fantoni asks the Constitutional Court to intervene in the appointment of Mario Godoy – La Nación

2024-09-24 14:39:24

Andrés Fantoni filed an action with the Constitutional Court for a vote to reconsider the presidency of the Judiciary.

The president of the Citizen Participation and Social Control Council (Cpccs), Andres Fantonihas filed an action before the Constitutional Court to annul the reconsideration vote in plenary session, which took place on the evening of Wednesday, July 10, 2024.

This vote gave way to the appointment of Mario Godoy as President of the Judiciary, replacing Dunia Martínez.

Background to the controversy surrounding the appointment of Mario Godoy

Fantoni argues that the counselors Socrates Verduga and Nicole Bonifaz They could not vote for reconsideration of a vote in which they were not present.

At that session, it was Dunia Martínez appointed as president of the JudiciaryThe decision to reconsider this vote has sparked a debate on the legality of the procedures adopted by the Cpccs.

Details of the document before the Constitutional Court

According to the dOfficial document issued by the Cpccsthe 28th ordinary session of July 10, 2024 was held with the participation of the Councillors eligible to vote.

However, the session is temporarily suspended when the candidates finish their presentation, to continue it on the same day at 18:00. In this session the motion to appoint Dunia Martínez.

Later, in a regular session, a reconsideration of Martínez’s appointment is called, which causes Verduga and Bonifaz participate in the vote, despite not having been present at the initial session.

This action has been rated by Fantoni as an illegitimate act and in violation of the internal regulations of the Cpccs.

Legal arguments

President Fantoni has cited the current regulations and the Constitutional Court ruling 1219-22-EP to support its position. It argues that the resolution taken during the reconsideration session violates the established procedure and affects the legality of plenary decisionso.

The document also mentions the intervention of the Office of the Attorney Generalwhich has emphasized the need to comply with legal procedures for the appointment of authorities.

The Attorney General’s Office has indicated that any resolution adopted against these procedures lacks legal validityFantoni hopes that the Constitutional Court will determine the invalidity of the reconsideration vote and that the initial designation of Dunia Martínez as president of the Judiciary will be reinstated.

This case highlights the internal tensions within the CPCCS and the importance of strictly adhering to legal procedures to ensure transparency and legality in the appointment of authorities.

By: EL COMERCIO