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When evaluating a lawsuit against the forced retirement law for public officials, the Constitutional Court established that this mandatory exit age does not apply to members of the Board of Directors of Banco de la República.
That decision was made unanimously in the Plenary Chamber, with eight votes. In the case it was impeded Judge Cristina Pardo since when she was Legal Secretary of the government of Juan Manuel Santos he participated in the appointments of some members of the Banco de la República.
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The high court evaluated a claim against Article 1 of Law 1821 of 2020, which establishes that the age of forced retirement for public officials is 70 years. According to the plaintiff, an administrative lawyer, this rule violated the Constitution by including the members of the board of directors of the Banco de la República.
And the Plenary Chamber, with a presentation by magistrate José Antonio Lizarazo, agreed with him.
The Court’s decision is important because, had it determined that the forced retirement also applied to the Bank’s manager, Juan José Echavarría, who has been in charge of this entity for four years, he could not be reelected in the position since he turns 70 in 2021.
Echavarría aspires to be reappointed in the management of the Issuer in December of this year, when the first of the three periods to which he can aspire in this position ends.
Thus, with the interpretation made by the Constitutional Court of this rule, the way is cleared for Echavarría -who was elected in that position in the government of Juan Manuel Santos- may be re-elected to his post.
The one whose aspirations would be truncated would be the Minister of Hacienda Alberto Carrasquilla, who although he has not said it publicly supposedly sounded like a candidate to replace Echavarría. The minister today is the president of the Board of Directors of the Banco de la República, and although he could aspire to management, he would have to face Echavarría.
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Before the Court, the Ministry of Justice of the current Government – who according to rumors wanted Carrasquilla to remain in the management of this important institution – assured in its concept that the forced retirement should also apply to the directors of the Bank of the Republic to guarantee the Equality right.
On the other hand, the Board of Directors of the Banco de la República had asked the Constitutional Court to declare that the forced withdrawal should not be applied to them since this situation could affect the autonomy of this entity, which is independent from the Government.
JUSTICE
