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Rad.- Exp. 110010230000201500165-00 Judicatura, para llenar la vacante producida en la Sección Primera del Honorable Consejo de Estado. Fecha ut supra, FERNANDO CASTILLO CADENA 71

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In re Valdes

Judgment

Question Presented: Whether a judicial election taking place after a newly election procedure was passed, but initiated before has ground for annulment.

Alleged Acts: The case before the court concerns the electoral annulment of Dr. Roberto Augusto Serrato Valdes. The petitioner seeks annulment based on alleged failure to meet the required two-thirds vote in favor of the thirty-one members of the Council of State.

Summary: Legislative Act 02 of 2015 implemented a new election procedure for judges, however, Valdes’s election process began in January of 2015. Thus the respondent contends that the candidate merely needed half plus one votes in order to ascertain office. At the time of the election there were twenty-two judges currently serving. Even though the finalized election took place on July 22, 2015 and the act was implemented on July 1, 2015, because the election process began before the implementation date it could not applied retroactively.

Conclusion: The court ultimately affirmed the election of Valdes and refused the claims for annulment.

Legal Issue(s)

Electoral Administration Irregularities
Judicial Independence

Region: Americas

Country: Colombia

Language of Decision

Spanish

Court: Supreme Court

Election Type: Review of law

Date of decision: Feb 23, 2017

Geolocation

Latitude: 4.620626320362744

Longitude: -74.14064616270514

: Geolocation

Primary Documents

SPL6698-2017.doc.pdf
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Election Judgments - IFES

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In re Valdes

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