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Although the paper that sought to not declare the election of the ex-mayor of Bogota Antanas Mockus as Senator of the Republic for the 2018-2022 legislative period was defeated on Wednesday in the hall Plenary of the CNE, that does not mean the seat of the maximum voter of the party of the Green Alliance remained firm.
With 6 votes for no and 2 for yes, the presentation of the magistrate Bernardo Franco, according to which Mockus could not be elected deputy because the foundation Corpovisionarios, of which he is the legal representative , had signed contracts with the state within the time frame set by the Constitution as being a disability, that is, the last six months.
This argument was rejected. However, this does not mean that the CNE has declared the election of Mockus, which received 540,783 votes in March this year and became the second most voted senator.
For the election of Mockus to be firm, it is necessary that a new paper be put to the vote, which will be in charge of Judge Gloria Gómez, and in which she must explain the reasons why she considers that the professor and also the former rector of the National University is not disqualified to occupy his seat
The end of the negotiation which was the contract , was already obtained
In Wednesday's vote, the judges of the Plenary Chamber only expressed the meaning of their decision, but do not have what to discuss It means that we still do not know why, for most of the election scouts, Mockus can be a senator.
Other people who have pleaded for Mockus, like the lawyer Rodrigo Uprimny, consider that there is no disability because the leader of the court. Green Alliance has not participated in the negotiation of a contract, but in its execution. According to Uprimny, who cites State Council jurisprudence, this does not constitute a disability "precisely because the end of the bargaining that was the contract, has already been achieved."
It is not known if this will be the argument Magistrada Gómez to convince her colleagues, or if she will go to others. The truth is that, as with today 's decision, six of the nine judges of the Plenary Chamber will have to vote in the affirmative.
Before any decision, there may be an appeal to the State Council, who would be the owner of the last word on the future of, for the moment, Senator Mockus.
ELTIEMPO.COM and POLICY
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