The Council of State annulled the election of María Angélica Prada as advisor for external relations of the OECD
The Council of State has decided to revoke the provisional appointment of María Angélica Prada Uribe as Minister of Foreign Affairs before the Organization for Economic Cooperation and Development (OECD) based in Paris, France.
The decision comes as a result of a legal dispute in which it was argued that the official does not meet the necessary prerequisites for the performance of the post and that other officials with the required experience are available to fill the position.
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Decision issued on 26 September 2024, overturned a previous decision by the Administrative Court of Cundinamarca that dismissed the claims of the suit. This process sets an important precedent for the interpretation and application of the rules governing provisional appointments in the Colombian diplomatic service.
The lawsuit was filed by Mildred Tatiana Ramos Sánchez, who claimed that the appointment of María Angélica Prada Uribe violated Decree Law 274 of 2000. This decree states that, due to the existence of vacancies in diplomatic and consular careers, officials with experience before resorting to interim appointments.
“The High Corporation has concluded that the appointment of Mrs. María Angélica Prada Uribe is contrary to the provisions of Article 60 of Decree Law 274 of 2000, since at the time of the issuance of the decree in question there was at least one” person belonging to a diplomatic and consular career who can be appointed to the said position,” the State Council stated in the decision.
In this sense he drew attention to it On the day Prada Uribe was appointed, several diplomatic career officials were available to fill the position. The Administrative Court of Cundinamarca initially rejected the claim, but the Fifth Section of the Council of State decided in the second instance to overturn this decision.
“There were diplomatic and consular career officers available for appointment to the position of Counselor for Foreign Relations, Code 1012, Grade 11, assigned to the Permanent Mission of Colombia to the Organization for Economic Co-operation and Development (OECD). headquarters in Paris (France), so it was not possible to make the provisional appointment of Mrs. María Angélica Prada Uribe,” the High Court added.
This decision marks the annulment of the provisional appointment made by the Presidency of the Republic and the Ministry of Foreign Affairs, emphasizing that the position should be filled by one of the career officials available at the time.
Among the names mentioned as possible candidates for the position were Ana María Gutiérrez Urresta, Alejandro Torres Peña, Jaime Alexander Pacheco Aranda and Libardo Ospina Pintoall were career diplomats who were available to fill a vacancy.
This decision of the Council of State has important implications for appointment policy in the Colombian diplomatic and consular service. The decision reaffirms the importance of respecting the rules governing diplomatic careers and ensuring that temporary appointments are exceptional and not common practice when career officials are available.
Moreover, the judgment emphasizes the need greater transparency in the processes of appointing diplomatic officialsavoid meetings that could be perceived as unfair or contrary to legal provisions.
On the other hand, the cancellation of this appointment also underlines the importance of judicial review of administrative acts and its ability to guarantee that government decisions are in accordance with the principles of legality and effectiveness.