2024-10-08 14:33:21
The Council of State, through its Fifth Section, has declared the nullity of the appointment, by order, of Manuel Peña Suárez as expert commissioner of the Energy and Gas Regulatory Commission (CREG). The decision, which reiterates a previous ruling of September 5, 2024, indicates that the appointment was inadmissible because this type of position requires exclusive dedication, as established in article 44 of Law 2099 of 2021.
The problem is that, in addition to his appointment as commissioner of the CREG, Peña Suárez simultaneously served as head of the Fund Project Management Office of the Mining and Energy Planning Unit (UPME), agency attached to the Ministry of Mines and Energy. This dual function, according to the court, contravened the legal provisions that require exclusivity for the position in the CREG.
You may be interested in: Faustino ‘Tino’ Asprilla proposes bringing forward the elections in Colombia
The high court’s decision occurs in a context of tension between the government of President Gustavo Petro and recent judicial decisions that have affected several of his appointments in strategic entities.
It is important to remember that Manuel Peña Suárez, an electrical engineer and expert in the energy sector, was appointed to this position in November 2023. Although his appointment has been the subject of controversy, Peña Suárez had already left office in July 2024after serving as commissioner for a period of three months.
With this annulment, the Council of State makes clear the legal requirements that must be met to hold a position in the CREG, a key body for the regulation of the energy sector in the country, and underlines the need to comply with the exclusive dedication established by the law.
You can read: The Attorney General’s Office will open an investigation against the director of the Uiaf for the Pegasus case