The president of Colombia, Abelardo de la Espriella, has returned to Congress Bill 056 of 2024 from the House and 345 of 2024 from the Senate, citing reasons of constitutionality and inconvenience. The initiative aimed to set limits on the modification of the requirements needed to access management positions in the public administration and in national companies with state participation.
The legal secretary of the Presidency, Andrés Barreto, has detailed that the Executive understands that the text approved by the Legislature interferes with the Government's own competencies and could incorporate new administrative burdens in the selection and appointment processes of high officials.
"I allow myself to inform the country that the president of the Republic has objected to bill 056 of 2024 House, 345 of 2024 Senate," Barreto has pointed out, who has specified that the initiative aimed to "prohibit the reduction of the minimum requirements to access positions at the managerial level in the public sector and companies with state participation at the national level."
From the Casa de Nariño, they have emphasized that one of the constitutional objections is based on the fact that the proposal would make certain consultative functions of the Council of State mandatory and would cut powers that, according to the Presidency, exclusively belong to the Executive regarding the organization of public jobs.
"The presidential objection is made based on reasons of constitutionality, both substantive and of inconvenience," the legal secretary has stated, warning that the project "intrudes on exclusive powers of the National Government, such as prohibiting the Government from organizing public jobs."
The Government has also reminded that the current regulatory framework already sets minimum requirements for this type of responsibilities. Barreto has mentioned Decree Law 770 of 2005 as a current reference, which is why he considers that the new law would represent an unnecessary reiteration.
"The Government, led by president Abelardo de la Espriella, considers that there is already a current norm, Decree Law 770 of 2005, which sets mandatory minimum floors for these positions, so the new law is unnecessary and inconvenient," he has indicated.
Warnings about increased bureaucracy and access to public service
The Presidency has also questioned whether the provisions introduce several additional steps prior to certain appointments. In the opinion of the Executive, these filters could delay the incorporation of executives in areas considered key for the transformation of the state apparatus.
"Additionally, the project requires three prior procedures, internal studies from the Administrative Department of Public Function and the opinion of the Honorable Council of State in order to provide the appointment in public service," Barreto has explained.
The legal secretary has warned that these requirements could end up "making the process to fill executive positions slower and more bureaucratic" and hinder the Administration's ability to adapt quickly to emerging fields such as artificial intelligence or energy transition.
Furthermore, he has pointed out that maintaining very high requirements without room for flexibility could generate an opposite effect to that sought by the law, by restricting the entry of certain professional profiles to these positions.
"Paradoxically, this would also perpetuate excessive demands inherited in some manuals, closing the door to young professionals, people from remote regions, and qualified women," Barreto has stated.
In this scenario, the Government has defended that the reform of the State must be based on merit, transparency, and the recruitment of qualified professionals through more current selection systems.
"The Government of President De la Espriella is open for harmonious collaboration with the Honorable Congress of the Republic to promote modernization, make public service accessible to all, implement a talent scouting policy, and implement other modern, digital, and technological tools so that the government can incentivize and invite the best talents," he has added.
Against this backdrop, De la Espriella's legal team has called on Congress to reconsider the content of the project and to seek a negotiated solution that allows for updating access to public service without exceeding the limits of the Constitution.
"We insist from the National Government to the Congress of the Republic to archive the project or, failing that, to review it in light of these arguments," Barreto has concluded, defending that one of the pillars for the reconstruction of the country must be "transparent, clear, and rapid access to public service."