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The Constitutional court declared unenforceable the rules through which it was created the Ministry of Science.
However, this high court decision has deferred effects for two legislatures. That means The Ministry may continue to operate until June 20, 2023.
The Constitutional Court studied a lawsuit against the law 1591 of 2019, who was the one who created the Ministry of Science, Technology and Innovation. In the opinion of the plaintiffs, in the processing of this law, the provisions of Article 154 of the Constitution were ignored.
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On the other hand, the lawsuit evaluated by the high court assured that this law did not regulate the organic structure of the Ministry, ignoring other principles of the political charter.
The Legal Secretariat of the Presidency, the Ministry of Science and Technology, the Administrative Department of Public Function, the Office of the Attorney General of the Nation, among other entities, they had asked the Court to keep said portfolio firm.
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On the other hand, other institutions such as the University of Rosario, A group of citizens who submitted their position jointly, Fecotraservipúblicos, among others, asked to declare the rule unenforceable.
When evaluating the demand, the Court carried out the normative integration of the norm that was demanded with articles 125 and 126 of the National Development Plan, which regulate the merger, name and objectives of the Ministry of Science, Technology and Innovation.
Thus, the high court not only declared unenforceable the norm created by the Ministry of Science but also those that are part of the National Development Plan and that established those regulatory guidelines. For the high court, these norms are unconstitutional because they violated article 150 of the Constitution.
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That norm of the Constitution, in its seventh article, establishes that the Congress of the republic It has within its functions that of determining the structure of the national administration, as well as creating, suppressing or merging ministries, administrative departments, superintendencies, public establishments and other national entities, “indicating its objectives and organic structure.”
This is precisely what the Court did not comply with with Law 1951 of 2019, since the norm that created the Ministry of Science did not indicate what its organic structure would be. For the Court, this regulation could not be given through the approval of the Development Plan, since this type of norms do not have the potential to determine the structure of the public administration, since these structures must be created in Congress through of legislative procedures that allow deliberation and democratic debate.
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The high court declared the rule unenforceable from the next two legislatures, counted from this July 20, 2021, since it found the need to guarantee that the constitutional purposes of the Ministry of Science, Technology and Innovation are fulfilled, as well as guaranteeing also the rights of those who were linked to this portfolio, to their programs and projects.
JUSTICE DRAFTING
