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Through Which The "commercial Cooperation Agreement Between The Government Of The Republic Of Colombia And The Government Of The Republic Of Turkey" Approved, Made And Signed In Ankara On May 17, 2006

Original Language Title: Por medio de la cual se aprueba el "Convenio de Cooperación Comercial entre el Gobierno de la República de Colombia y el Gobierno de la República de Turquía", hecho y firmado en Ankara el 17 de mayo de 2006

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1345 OF 2009

(July 31)

Official Journal No. 47.47805 of 18 August 2010

CONGRESS OF THE REPUBLIC

By means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey" is approved, made and signed in Ankara on 17 May 2006.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara on 17 May 2006, which reads:

(To be transcribed: photocopy of the integrated texts of the mentioned international instruments is attached).

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COMMERCIAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY

For the Governments of the Republic of Colombia and the Republic of Turkey (hereinafter referred to as the "Contracting Parties") on the basis of equality and mutual benefit,

Wishing to strengthen friendly relations and enhance cooperation between the two countries,

Recognizing that both countries are members of the World Trade Organization (WTO) and

Considering their common interest in promoting trade and economic cooperation on a mutually beneficial basis,

You have agreed to the following:

ARTICLE I. TRADE COOPERATION.

The Contracting Parties shall take all appropriate measures within the framework of their respective laws and regulations to promote trade and economic cooperation between the two countries.

Ir al inicio

ARTICLE II. MOST FAVOURED NATION TREATMENT (MFN).

The Contracting Parties shall give the other most-favoured nation treatment with respect to customs duties and other charges with respect to the import and export of products between the two countries.

The provisions of this article shall not apply to any present or future privilege or benefit granted to other countries within the framework of free trade areas, customs unions, other regional conventions and special agreements with Developing countries and border trade countries.

Ir al inicio

ARTICLE III. TRADE FACILITATION.

The Contracting Parties will encourage their respective private and public sector companies and organizations to take part in exhibitions, trade fairs and other promotional activities as much as possible, as well as to promote exchange of delegations and trade representatives.

Each Contracting Party shall provide, as far as possible, national exhibitions of the other party on its territory.

The implementation of agreed projects related to economic and commercial cooperation within the framework of this Convention will be made on the basis of contracts or agreements to be signed between companies, organizations or public entities. (a) the two countries concerned, and will be subject to the respective budgetary provisions.

Ir al inicio

ARTICLE IV. PAYMENT MODE.

All payments for products and services exchanged between the two countries will be made in freely convertible currencies, in accordance with applicable foreign exchange laws and regulations in each country.

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ARTICLE V. TEMPORARY IMPORT.

In accordance with its existing domestic law, the Contracting Parties agree to exempt customs duties and taxes, products and equipment temporarily imported for use in promotional events, such as fairs, exhibitions, missions and seminars, provided that such products and equipment are not subject to a commercial transaction.

Ir al inicio

ARTICLE VI. DISSEMINATION OF INFORMATION.

The Contracting Parties, with a view to improving and diversifying bilateral trade and developing economic cooperation between the two countries, agree to facilitate and accelerate the exchange of information, in particular as regards their respective countries. legislation and programmes, in order to stimulate contacts between their companies and organisations involved in economic and commercial cooperation.

Ir al inicio

ARTICLE VII. JOINT COMMITTEE.

The Contracting Parties shall set up a Joint Trade Committee chaired by the Ministers or their delegates of sufficient high level, and shall be composed of representatives of other Ministries and corporations of both countries when considered required. The Committee will monitor compliance with this Convention and make the necessary proposals in order to stimulate and develop trade and to mediate with any difficulties that may arise in this endeavour. The Committee shall meet in an alternate form in each country at the time deemed necessary.

The Committee may, if deemed appropriate, set up subcommittees and ask experts and advisers to attend Committee meetings. The subcommittees shall report their activities to the Committee.

Ir al inicio

ARTICLE VIII. COMPLIANCE WITH THE RULES.

Cooperation between the Contracting Parties within the framework of this Convention shall be in accordance with the laws, rules and regulations in force in their respective countries and shall be compatible with their international obligations.

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ARTICLE IX. CONFLICT RESOLUTION.

The conflicts arising between the Contracting Parties in relation to the interpretation or implementation of this Convention shall be resolved without undue delay, through amicable consultations and negotiations.

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ARTICLE X. AMENDMENTS.

Any Contracting Party may propose amendments or amendments to this Convention after its entry into force. The adoption of these amendments shall be made by written notice and by common agreement between the Parties. The amendments shall enter into force thirty (30) days after the parties have officially notified through Diplomatic Notes that the internal legal requirements necessary for the entry into force of these amendments have been complied with.

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ARTICLE XI. VALIDITY.

Parties shall be notified by diplomatic notes of compliance with the internal legal requirements necessary for the entry into force of this Convention. The Convention shall enter into force on the date on which the second of those notifications has been received by which the two Contracting Parties shall officially communicate to the other that their respective ratification processes have been completed.

This Convention shall continue to apply for a period of five (5) years and thereafter, its validity shall be automatically renewed for successive periods of one (1) year unless any of the Contracting Parties to the written notice of termination with six (6) months in advance.

Following the termination of this Convention, its provisions and the provisions of any separate protocol, contract or agreement concluded in such respect shall continue to govern the non-expired and existing obligations or projects, assumed or started after the same. Such obligations or projects shall be carried out until their termination.

Subscribed, duly authorized by their respective Governments, to subscribe to this Convention.

Made and signed in Ankara on May 17, 2006 in three copies in Spanish, Turkish and English, all texts being equally authentic. In the event of differences in the interpretation of the provisions of the Convention, the English text shall be given priority.

By the Government of the Republic of Colombia,

CAROLINA BOAT,

Minister of Foreign Affairs.

By the Government of the Republic of Turkey,

ABDULLAH GuL,

Minister of Foreign Affairs and Deputy Prime Minister.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., October 10, 2007

Authorized. Sometase to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Fernando Araujo Perdomo.

DECRETA:

Article 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006, Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.

The Foreign Minister,

Jaime Bermudez Merizalde.

The Minister of Commerce, Industry and Tourism,

Luis Guillermo Plata Paez.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., October 10, 2007

Authorized. Sometase to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Fernando Araujo Perdomo.

DECRETA:

Article 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006, Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

Hernán Francisco Andrade Serrano.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., at 31 July 2009.

ALVARO URIBE VELEZ

The Foreign Minister,

Jaime Bermudez Merizalde.

The Minister of Commerce, Industry and Tourism,

Luis Guillermo Plata Paez.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., October 10, 2007

Authorized. Sometase to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Jaime Bermudez Merizalde.

DECRETA:

Article 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", which was signed in Ankara on 17 May 2006, Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

Javier Caceres Leal.

The Secretary General of the honorable Senate of the Republic,

Emilio Otero Dajud.

LAW 1345

by means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey"approved, made and signed in Ankara on 17 May 2006.

In accordance with the provisions of the Auto Number 053 dated March 10, 2010-Expediente LAT-351, of the Plena Chamber of the Constitutional Court, which in its part motivates it:

" (...)

"Then the President of the Republic will have the deadline set in the Charter to sanction the bill (retaining the same numbering of the approving law that is returned)," the law is sanctioned here href="ley_1345_2009.html#1"> 1345 of July 31, 2009, by means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", done and signed in Ankara on 17 May 2006, retaining its numbering and initial dates.

Republic of Colombia-National Government

Publish and comply.

Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá D. C., 18 August 2010.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

Maria Angela Holguin Cuellar.

The Minister of Commerce, Industry and Tourism,

Sergio Diaz Granados Guida.

Constitutional Court

General Secretariat

Office No. OPC-123/10

Bogotá D. C., sixteen (16) April of two thousand ten (2010).

Doctor

PILAR RODRIGUEZ ARIAS

Secretariat

Second Permanent Constitutional Commission

House of Representatives

City

Reference: Issue number LAT-351. Law 1345 of 31 July 2009 by means of which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Republic of Turkey", done and signed in Ankara on 17 May 2006.

Note: When answering please quote the case number, trade and magistrate.

Respected doctor:

Comedies and in order to comply with the provisions of the honourable Magistrate Dr. Maria Victoria Calle Correa, in order of Sala Plena number 53 of ten (10) of March 2010, carefully I allow to inform you, the ordered in the provided by the described above, the relevant part of which is transcribed:

" (...)

Second. Grant to the Second Permanent Constitutional Commission of the House of Representatives the term of 30 days, counted from the notification of this order to the Presidency of the House, to remedy the vice detected in this House. providence.

Third. Once the vice referred to in the consideration of this providence has been remedied, the House of Representatives will have until June 20, 2010, to fulfill the later stages of the legislative process. Then, the President of the Republic will have the deadline set in the Charter to sanction the bill.

Fourth. Fulfilled the above procedure, the President of the Congress will refer to the Court the Law 1345 of 2009, to decide definitively on its exequability".

Carefully,

Martha Victoria Sachica Mendez,

General Secretariat.

Annex copy of Auto No. 53 of 2010 in 34 pages.

Constitutional Court

Full Room

2010 AUTO NUMBER 053

Reference: LAT-351 file

Review of Law 1345 of 31 July 2009 "by means of which the commercial cooperation agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved", signed in Ankara on 17 May 2006.

Magistrate Rapporteur: Doctor Maria Victoria Calle Correa.

Bogotá D. C., ten (10) March of two thousand ten (2010)

The Full Court of the Constitutional Court, in compliance with its constitutional powers and the requirements and procedures laid down in Decree 2067 of 1991, has offered the following one,

AUTO

In the process of constitutional revision of Law 1345 of July 31, 2009, " by means of which the agreement of commercial cooperation between the Government of the Republic of Colombia and the Government of the Republic is approved Republic of Turkey ', done and signed in Ankara on 17 May 2006.

I. BACKGROUND

Based on the provisions of Article 241-10 of the Political Charter, by trade in the General Secretariat of this Corporation on 11 August 2009, the Legal Secretary of the Presidency of the Republic referred authentic copy of Law 1345 of 2009, July 31, 2009, for the purposes of its constitutional review.

The Magistrate Judge, by order of 3 September 2009, focused on the knowledge of the process and arranged the practice of tests. These were received, ordered to continue the process of the same and, consequently, to set the process for the end of 10 days in order to allow the citizen to intervene, as well as to transfer the Attorney General of the Nation to the a corresponding concept and communicate the initiation of the process to the President of the Republic, the President of the Congress of the Republic and the Minister of Foreign Affairs.

Fulfilled the procedures provided for in Decree 2067 of 1991, it is necessary for this Court to decide on the exilibility of the treaty and the law that approves it.

II. TEXT OF THE CONVENTION THAT IS REVIEWED AND OF ITS APPROVAL LAW

The text of the law sent for review is then transcribed, as published in the Official Journal Year CXLIV. N. 47427. 31, July, 2009. Pag. 52.

" Law 1345 of 2009

(July 31)

by means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey" is approved, made and signed in Ankara on 17 May 2006.

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara on 17 May 2006, which reads:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY

By how much, the Governments of the Republic of Colombia and the Republic of Turkey (hereinafter referred to as the "Contracting Parties") on the basis of equality and mutual benefit,

Wishing to strengthen friendly relations and enhance cooperation between the two countries,

Recognizing that both countries are members of the World Trade Organization (WTO) and

Considering their common interest in fostering commercial and economic cooperation on a mutually beneficial basis,

You have agreed to the following:

ARTICLE I. TRADE COOPERATION.

The Contracting Parties shall take all appropriate measures within the framework of their respective laws and regulations to promote trade and economic cooperation between the two countries.

ARTICLE II. MOST FAVOURED NATION TREATMENT (MFN).

The Contracting Parties will give the one to the other most-favored nation treatment with respect to customs duties and other charges regarding the import and export of goods between both countries.

The provisions of this article shall not apply to any present or future privilege or benefit granted to other countries within the framework of free trade areas, customs unions, other regional conventions and agreements. special with developing countries and border trade countries.

ARTICLE III. COMMERCIAL FACILITATION.

The Contracting Parties will encourage their respective private and public sector companies and organizations to take part in exhibitions, fairs and other promotional activities as much as possible, as well as for promote the exchange of delegations and trade representatives.

Each of the Contracting Parties shall facilitate, as far as possible, national exhibitions of the other party on its territory.

The implementation of agreed projects related to economic and commercial cooperation within the framework of this Convention, will be made on the basis of contracts or agreements to be signed between companies, organizations or public entities interested in both countries, and will be subject to the respective budgetary provisions.

ARTICLE IV. PAYMENT MODE

All payments for products and services exchanged between the two countries will be made in freely convertible currencies, in accordance with the foreign exchange laws and regulations in force in each country.

ARTICLE V. TEMPORARY IMPORT.

In accordance with its existing domestic law, the Contracting Parties agree to waive customs duties and duties, products and equipment temporarily imported for use in promotional events, such as trade fairs, exhibitions, missions and seminars, provided that such products and equipment are not subject to a commercial transaction.

ARTICLE VI. DISSEMINATION OF INFORMATION.

The Contracting Parties, with a view to improving and diversifying bilateral trade and developing economic cooperation between the two countries, agree to facilitate and accelerate the exchange of information, in particular with regard to their respective laws and programmes, in order to stimulate contacts between their companies and organisations involved in economic and commercial cooperation.

ARTICLE VII. JOINT COMMITTEE

The Contracting Parties shall establish a Joint Trade Committee chaired by the Ministers or their delegates of sufficient high level, and shall be composed of representatives of other Ministries and corporations of both countries when is deemed necessary. The Committee will monitor compliance with this Convention and make the necessary proposals in order to stimulate and develop trade and to mediate with any difficulties that may arise in this endeavour. The Committee shall meet in an alternate form in each country at the time deemed necessary.

The Committee may, if deemed appropriate, create subcommittees and ask experts and advisers to attend Committee meetings. The subcommittees shall report their activities to the Committee.

ARTICLE VIII. COMPLIANCE WITH THE RULES.

Cooperation between the Contracting Parties within the framework of this Convention shall be made in accordance with the laws, rules and regulations in force in their respective countries and shall be compatible with their obligations.

ARTICLE IX. RESOLVING CONFLICTS.

Conflicts arising between Contracting Parties in relation to the interpretation or implementation of this Convention shall be resolved without undue delay, through amicable consultations and negotiations.

ARTICLE X. AMENDMENTS

Any Contracting Party may propose amendments or amendments to this Convention after its entry into force. The adoption of these amendments shall be made by written notice and by common agreement between the Parties. The amendments shall enter into force thirty (30) days after the parties have officially notified through Diplomatic Notes that the internal legal requirements necessary for the entry into force of these amendments are met.

ARTICLE XI. VALIDITY.

Parties shall be notified by diplomatic notes of compliance with the internal legal requirements necessary for the entry into force of this Convention. The Convention shall enter into force on the date on which the second of those notifications has been received by which the two Contracting Parties shall officially communicate to the other that their respective ratification processes have been completed.

This Convention shall continue to apply for a period of five (5) years and thereafter, its validity shall be automatically renewed for successive periods of one (1) year unless one of the Contracting Parties to the Convention written termination with six (6) months in advance.

After the termination of this Convention, its provisions and the provisions of any separate protocol, contract or agreement concluded in such respect shall continue to govern the obligations or projects not due and existing, assumed or initiated after the same. Such obligations or projects shall be carried out until their termination.

The undersigned, duly authorized by their respective Governments, subscribe to this Convention.

Made and signed in Ankara on May 17, 2006 in three copies in Spanish, Turkish and English, all texts being equally authentic. In the event of differences in the interpretation of the provisions of the Convention, the English text shall be given priority.

By the Government of the Republic of Colombia,

CAROLINA BOAT,

Foreign Minister.

By the Government of the Republic of Turkey,

ABDULLAH GUL,

Minister of Foreign Affairs and Deputy Prime Minister.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogota, D. C., October 10, 2007

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Fernando Araujo Perdomo.

DECRETA:

Article 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1or of Law 7ª of 1944, the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", done and signed in Ankara on May 17, 2006, which under article 1o of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.

The Foreign Minister,

Jaime Bermudez Merizalde.

The Minister of Commerce, Industry and Tourism,

Luis Guillermo Plata Paez.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogota, D. C., October 10, 2007

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Fernando Araujo Perdomo.

DECRETA:

Article 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara on 17 May 2006, that by article 1o of this law is approved, it will force the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

The President of the Honorable Senate of the Republic,

Hernán Francisco Andrade Serrano.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the Honourable House,

German Varon Cotrino.

The Secretary General of the honorable House of Representatives,

Jesus Alfonso Rodriguez Camargo.

COLOMBIA-NATIONAL GOVERNMENT

Comune and comply.

, after review of the Constitutional Court, according to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., at 31 July 2009.

ALVARO URIBE VELEZ

The Foreign Minister,

Jaime Bermudez Merizalde.

The Minister of Commerce, Industry and Tourism.

III. INTERVENTION BY THE MINISTRY OF EXTERNAL RELATIONS

In a letter addressed to this Corporation on 14 December 2009, the Ministry of Foreign Affairs asked the Court to declare the constitutionality of the law of approval and of the said Convention, for which they carry out the following considerations.

First, it indicates that in terms of the formal requirements regarding subscription and legislative approval, these were fulfilled as this agreement was concluded and signed by the Minister of Foreign Affairs of the time, Dr. Carolina Barco Isakson, a suitable person, with the capacity to compel and commit the State and to comply with all the requirements laid down for the processing of a law. In this way, it states that the items 9or, 150, number 16, 226 and 227 and do not reverse any of these provisions.

Secondly, he indicated that the subscription of this Convention develops article 277 of the Constitution, as it encourages commercial and economic cooperation among the signatory states, and promotes the internationalisation of international economic relations and the integration of states on the basis of equity, reciprocity and national convenience.

Highlights that for Colombia the trade relationship arising from this treaty will allow the entry of Colombian products and services into the markets of Southeast Europe, Russia and the Middle East, and recognizes that the market in Turkey is very important. importance for Colombian products, is special for thermal hmals.

Third, it states that the agreement was agreed in accordance with the principles of national sovereignty, self-determination of peoples and non-intervention in internal affairs, and recognizes that it fully develops the principles of international law. accepted by Colombia, indicating that the cooperative relations arising from this treaty must be developed with respect for the internal rules of each of the parties and without infringing the other obligations assumed internationally.

IV. CONCEPT OF THE NATION ' S ATTORNEY GENERAL

The Attorney General of the Nation (E), Martha Isabel Castañeda Curvelo, gave the concept number 4896, by trade of February 2, 2010, in which she asks the Constitutional Court to declare the constitutionality of the Cooperation Agreement. Commercial between the Government of the Republic of Colombia and the Government of the Republic of Turkey, agreed and signed in Ankara on 17 May 2006 and Law 1345 of 2010, approving the said treaty. The reasons for your request are summarized below.

As for the legislative procedure, the Fiscal View affirms that it was initiated in the Senate of the Republic, as ordered by article 157 of the Charter, when it is based in the Senate Secretariat of the Republic on 20 July 2008. He indicated that he complied with the provisions of article 160, regarding the terms that must be respected between the first and second debates and between the approval of the bill in the Senate and the Initiation of the debate in the House of Representatives was attended to the decision-making quorum stipulated in article 146 constitutional and the debates and approvals were given in the second commissions permanent constitutional, Senate and House of Representatives, following the established in Article 160 of the Constitution. It also indicates that not having been considered the project in more than two legislatures was fulfilled to article 162 and to article 241, 10. The law was sent to the Constitutional Court within 6 days of the presidential sanction. It states that Law 1345 of 2009 is constitutional from the formal point of view.

Regarding its material content, the Attorney General's Office stated that this agreement gives full development to article 2or the Charter, as the cooperation arising from this agreement contributes to the pursuit of general prosperity through the strengthening of the economic and trade relations of the State.

Consider that the treaty is compatible with what the preamble and the 9or, 226 and 227 given that foreign policy integration is sought, and the promotion of internationalization in the country's economic relations. Likewise, it emphasizes that the higher interests of the State were safeguarded when the agreement was raised in a framework of reciprocity, national convenience, and respecting national sovereignty, as the article 9or the Constitution. For these reasons, the agreement in revision is also constitutional from the material point of view.

V. COURT CONSIDERATIONS

1. Competence of the Constitutional Court in the field of treaties and of treaty approving laws

1.1. In accordance with article 241 numeral 10 of the Political Constitution, it is for the Court to examine the constitutionality of international treaties and laws. approval of the same. According to Judgment C-468 of 1997,[1] said control is characterized by being (i) prior to the processing of the treaty, but after the approval of the Congress and the governmental sanction; (ii) automatic, It must be sent directly by the President of the Republic to the Constitutional Court within six days of the government's sanction; (iii) integral, in so far as the Court has to analyze both the formal and the materials of the law and the treaty, confronting them with all the constitutional text; (iv) has the force of res judicata; (v) it is a sine qua non for the ratification of the corresponding agreement; and (vi) it fulfils a preventive function,[2] for its purpose is to guarantee both the supremacy of the Constitution and the compliance with the international commitments of the Colombian State.

1.2. As for the control over procedural defects that the Court exercises over international treaties and the laws that approve them, as prescribed in article 241 numeral 10 Superior, this is directed both to examine the validity of the representation of the Colombian State in the processes of negotiation and celebration of the instrument and the competence of the officials in the negotiation and signing of the treaty, like the fulfillment of the rules of legislative procedure in the formation of the approval law in the Congress.

1.3. Given the special nature of the laws approving public treaties, the legislator cannot alter the content of these laws by introducing new clauses as their function is to approve or test the whole of the treaty.[3] Treaty is multi-lateral, it is possible to make interpretative statements, and unless expressly prohibited, reservations may also be introduced that do not affect the object and end of the treaty.[4]

1.4. With regard to the substantive examination, this consists of judging the provisions of the text of the international treaty which is reviewed and that of its approval law, in respect of all the provisions of the Superior Ordinance, in order to determine whether the first whether or not they conform to the Political Constitution.

1.5. Such a background examination is exclusively legal and therefore does not include issues of convenience, opportunity, utility and efficiency, as highlighted by the Court.[5]

Precise the scope of constitutional control, passes the Court to examine the approving law and the convention of reference.

2. The formal review of Act 1345 of 2009

2.1. Referral of the approving law

The Legal Secretary of the Presidency of the Republic referred to this Corporation, for its constitutional control, in accordance with article 241 numeral 10 of the Constitution on 11 of August 2009 Act 1345 2009, " by means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey" was adopted and signed in Ankara on 17 May 2006, sanctioned by the President on July 31, 2009, such a shipment was made within the six-day term that provides for the numeral 10 of article 241 of the Political Constitution.

2.2. Negotiation and conclusion of the Treaty

The Constitutional Court in settled case law has pointed out that the constitutional duty to review international treaties, as well as the laws that approve them, includes the examination of the executive's powers with respect to the negotiation and signature of the respective international instrument. On this point, the Foreign Ministry, by letter of 18 September 2009, stated that the agreement was signed by Carolina Barco Isakson, Minister of Foreign Affairs of the time, who dispensed with the presentation of full powers under Article 7o of the Vienna Convention on the Law of Treaties, which states that, in order to express the consent of the State to be bound by a treaty, it shall be deemed to be the same if it follows: followed by the States concerned, that the intention of these was to consider that person state representative for these purposes.

2.3. Presidential approval

On July 31, 2009, the President of the Republic gave his executive approval to Law 1345 of 2009, "by means of which the Trade Cooperation Agreement between the Government is approved of the Republic of Colombia and the Government of the Republic of Turkey, made and signed in Ankara on 17 May 2006.

Similarly, he ordered the Congress to approve this international instrument. To this end, the Ministers of Foreign Affairs and Trade, Industry and Tourism presented to the Congress the aforementioned Convention.

2.4. Procedure conducted in the Congress of the Republic for the formation of Law 1345 of 2009

the Political Constitution does not point out a special procedure for the issue of such laws, except for the need to initiate the procedure of bills approving international treaties in the Senate of the Republic. which corresponds to the training process foreseen for the ordinary laws, regulated by the articles 157, 158, 160 and 165 of the Letter, among others.

According to the documentation in the file, Bill 09 of 2008 Senate, 252 of 2008 Chamber, has exhausted the following procedure in the Congress of the Republic.

2.4.1. The passage of the 2008 Senate Bill 009, in the Second Permanent Constitutional Committee of the Senate

Bill 09 of 2008 Senate was presented on October 10, 2007 to the Secretariat of the Senate of the Republic by the Ministers of Foreign Affairs, Jaime Bermudez Merizalde, Trade, Industry and Tourism, Luis Guillermo Plata Paez. The original text, along with the respective explanatory statement, were published in the Republic Congress Gazette number 461, 2008.[6]

The presentation was attended by the Senators Cecilia Lopez Montano, Carlos Emiro Barriga Penaranda, Jesus Enrique Pinacue Achicue, Alexandra Moreno Piracquive, Luzelena Restrepo Betancur, Mario Male Olarte, Marta Lucia Ramirez de Rincon and Nancy Patricia Gutierrez Castaneda and was published in the Congress Gazette number 626 of September 11, 2008.[7] In this paper, it is proposed to give the first debate to this project.

In order to comply with paragraph 1 or article 156 of the Rules of Procedure, the Senators were given the copy of the Gazette number 626 of 2008, on September 11, 2008, where the presentation for first discussion.

The 2008 Senate Bill 009 was previously announced on September 16, 2008, to be discussed and voted on in the first debate, in the next session.[8] The previous announcement required in the article 8or Legislative Act 01 of 2003 was done by the Secretary of the Second Senate Committee of the Republic, on the instructions of the Chairman of the Joint Second Commissions, in the following terms:

" COMMISSION SECOND CONSTUTUTIONAL PERMANENT SECOND COMMISSION OF INTERNATIONAL RELATIONS, FOREIGN TRADE AND NATIONAL DEFENSE HONORABLE SENATE OF THE REPUBLIC

2008 MINUTES NUMBER 10

(September 16) "

V

" On the instructions of the President of the Second Senate Committee of the Republic, announced discussion and vote on bills for the next session. (Article 8or legislative act number 01, 2003).

(...)

4. Bill No. 09 of 2008 Senate, "By means of which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved."

Authors: Ministry of Foreign Affairs and Finance and Commerce, Industry and Tourism.

Rapporteurs: Cecilia Lopez Montano, Carlos Emiro Barriga Penaranda, Jesus Enrique Pinacue Aachicue, Alexandra Moreno Piracquive, Luzelena Restrepo Betancur, Mario Male Olarte, Marta Lucia Ramirez, and Nancy Patricia Gutierrez.

Publications: Congress Gazette number 461, 2008.

Ponance for First Debate Congress Gazette number 626, 2008.

(...)

"These would be the bills found in the Order of the Day to announce for the next session, Mr. President."

Mr. President Manuel Ramiro Velasquez Arroyave.

Thank you very much, then it's those projects announced for the next session, which in principle of (sic) tomorrow Wednesday 17 September from the (sic) 10 in the morning. "

On September 17, 2008, the Second Senate Committee held the debate and vote on the bill in the following terms, as stated in the Congress Gazette number 331 of May 19 2009:[9]

" SECOND PERMANENT CONSTITUTIONAL COMMISSION OF INTERNATIONAL RELATIONS, FOREIGN TRADE AND NATIONAL DEFENSE HONORABLE SENATE OF THE REPUBLIC

ACT NUMBER 11 OF 2008

(September 17)

(...)

V

" Discussion and voting of bills announced in previous session

(...)

4. Bill number 09 of 2008 Senate, by means of which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved, made and signed in Ankara on 17 May 2006.

(...)

President Manuel Ramiro Velasquez: This project is postponed until further opportunity, please support the bill number 09 of 2008 Senate, of the Convention with the Republic of Turkey.

Rapporteur, Cecilia Lopez Montano: (...)

(...)

the word Sen. Marta Lucia Ramírez de Rincon: I am part of the Committee of the Rapporteurs, we all agree on the presentation by Senator Cecilia Lopez, if I would like to ask Dr. Camargo, what is the is the strategy that the Foreign Ministry has in mind. Why when we saw the work for this paper, it seemed exotic to us that Colombia manages its relations with Turkey from an Embassy in Vienna, which has nothing to do from the geographical cultural, economic point of view, it has nothing to do with Vienna with Turkey, and Turkey in Colombia from Caracas that is increasingly distant and different from what Colombia is.

(...)

Dr. Oscar Camargo, from the Ministry of Foreign Trade: (...)

The President, Manuel Ramiro Velasquez, says: Thank you, what we want is that for the debate of the plenary, the Ministry of Commerce and Foreign Affairs, that for the committee of rapporteurs with destiny The plenary session, these concerns are acquitted. Finished with the points and the proposition with which the presentation ends.

Secretary Felipe Ortiz, read the paper report:

Proposition

From the above and based on the provisions of the Political Constitution and the law, we allow ourselves to propose to the honourable Senators of the Second Commission to give the first debate to the Bill of Law No. 09 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey, made and signed in Ankara, is approved on 17 May 2006. Of the honorable senators, they sign: Carlos Emiro Barriga Penaranda, Alexandra Moreno Piraquive, Cecilia Lopez Montano, Jesus Enrique Pinacue Achicue, Luzelena Restrepo Betancur, Marta Lucia Ramirez de Rincon, Nancy Patricia Gutierrez Castaneda and Mario Male Olarte.

President Manuel Ramiro Velasquez Arroyave: I submitted to the Senators the proposal that the report of the Committee of the Rapporteurs ends. Does the Commission approve it?

Secretary Felipe Ortiz: Informs the Presidency that has been approved by the Senators of the Commission, the final report of the paper.

Project Articulated.

The Secretary gives read to the articulated:

Item 1o. Approve the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara, on 17 May 2006.

Article 2o. In accordance with the provisions of Article 1 (1) of Law 7ª of 1944, the "Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey", made and signed in Ankara, on 17 May 2006, which Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

This is the text signed by the speakers.

President Manuel Ramiro Velasquez Arroyave:

Submit to consideration of the Senators the articulated read. It is approved by the Commission.

Secretary Felipe Ortiz:

Reports the Presidency that has been approved by the Second Commission Senators the articulated project of the project read.

Project Title.

The Secretary gives the title of the project read: by means of which the "Convention of trade cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey" is approved, made and signed in Ankara, on 17 May 2006.

President Manuel Ramiro Velasquez Arroyave:

Reports the Commission's Senators, which is under consideration for the title of the project. Does the Commission approve it?

The Secretary:

Reports the Presidency that the title of the read project has been approved.

Question Mr. President Manuel Ramiro Velasquez:

Do the Commission's Senators want this project to have a second debate in the Senate Plenary?

The Secretary:

informs the President, that the senators of the Commission do want this bill to go to the second debate in the Senate Plenary.

Consequently Mr. President Manuel Ramiro Velasquez Arroyave:

Assigna as speakers for second debate to the same Senators of the Committee of Rapporteurs who presented the paper report today.

The Order of the Day is continued ".

The Secretary General of the Second Senate Committee of the Republic, on record of September 15, 2009,[10] certifies that the bill was discussed and approved in the first debate on September 17, 2008, with a quorum deliberative and decision-making of 12 of the 13 Senators that make up the Second Senate Committee, as stated in Act No. 11 of that date, published in the Gazette number 331, 2009.

2.4.2. The procedure of the Bill 009 of 2008 Senate, in the Plenary of the Senate of the Republic

The presentation for the second debate in the Senate was presented by the Senators Cecilia López Montano, Carlos Emiro Barriga Penaranda, Jesus Enrique Pinacue Achicue, Alexandra Moreno Piracquive, Luzelena Restrepo Betancur, Mario Male Olarte, Marta Lucia Ramirez and Nancy Patricia Gutierrez and published in the Congress Gazette number 868 of November 27, 2008, in a favorable sense.

The bill was announced for the first time to be "debated and approved at the next session" by the Senate of the Republic in the ordinary session of December 11 2008,stated in the Minutes. Number 35 of the same date, published in the Congress Gazette number 208, 2009. The announcement was made in the following terms:

Ordinary Session Number

THURSDAY 11 DECEMBER 2008

(...)

" On the instructions of the Presidency and in accordance with the Legislative Act number 01 of 2003, the Secretariat announces the projects to be discussed and approved in the next session.

If Mr. President, the projects to discuss and vote in the next plenary session are as follows:

(...)

Bills for Second Debate:

Bill 9 "By means of which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved" done and signed in Ankara on 17 May 2006 ".

(...)

Being 5:10 p. Mr President, the Presidency is meeting and convening for the day on Monday 15 December 2008 at 2:00 p. m. ".

The project was discussed and approved on Tuesday, December 15, 2008, as stated in Minutes number 36 of that date, published in the Congress Gazette number 223 of April 21, 2009. project was done in the following terms:

PLENARY MINUTES 36 OF DECEMBER 15, 2008 SENATE

(...)

In Bogotá, D. C., at fifteen (15) days of December two thousand eight (2008) on summons, members of the Senate met in the chamber of the honorable Senate of the Republic, in order to be in full session.

I

(...)

By the Secretariat it is reported that the decision quorum has been constituted.

Being 11:50 a. m., the Presidency manifests: Open the session and proceed with the Secretary to read the Order of the Day, for the present meeting.

By Secretariat is read to the Day Order of this session.

(...)

V

Reading presentations and consideration of projects in second debate

(...)

10. Bill No. 09 of 2008 Senate, by means of which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved, made and signed in Ankara on 17 May 2006.

(...)

On the instructions of the Presidency and in accordance with Legislative Act number 01 of 2003.

By Secretariat the projects that will be discussed and approved will be announced at the next session.

President, the following are the projects to discuss and vote on in the next plenary session:

(...)

-Bill 09 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved, made and signed in Ankara on 17 May 2006.

(...)

the coming of the Presidency, the honorable Senator Cecilia Lopez Montano used the word:

Thank you, Mr. President, Project 10, which is a very easy project, for which the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved, I am one of the speakers, this really is a political agreement, in terms of trade has no big deal, it's just a ...

At the request of the honorable Senator Cecilia Lopez Montano, the Presidency submits to the Plenary the alteration of the Order of the Day, to discuss and to vote on the bill of Law 09 of 2008 Senate and, closed its discussion, This gives you approval.

The Presidency tells the Secretariat to continue with the next project

Bill number 09 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved, made and signed in Ankara on 17 May 2006.

Thegrants the use of the word to the honourable Senator Cecilia López Montano. Words of the honorable Senator Cecilia Lopez Montano

(...)

The Presidency tells the Secretariat to read the proposal with which the report ends. The positive proposal with which the report is concluded is read by the Secretariat. The Presidency submits to the Plenary the proposal read and, closed its discussion, it gives its approval. Second debate opens

At the request of the honorable Senator Cecilia Lopez Montano, the Presidency asks the Plenary if it agrees to omit the reading of the project's articles and, closed its discussion, it responds in the affirmative.

The Presidency submits to the Plenary the article of the project, and closed its discussion question: Does the Plenum adopt the proposed articulated?

And it responds affirmatively.

The Presidency instructs the Secretariat to read the project title

By Secretariat is read to the title of Bill of Law number 09 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Colombia is approved Turkey, made and signed in Ankara on 17 May 2006.

this, the Presidency submits it to the plenary, and closed its discussion question: Do the members of the Corporation approve the title read?

And these give you approval.

Meeting the constitutional, legal and regulatory procedures, the Presidency asks: Do the senators present that the approved bill has its way in the honorable House of Representatives? And these respond in the affirmative.

The Presidency tells the Secretariat to continue with the next project.

According to the certification of the Secretary of the Plenary of the Senate of the Republic, Project 009 of 2008 Senate was unanimously approved with the vote of 98 Senators.[11]

2.4.3. The procedure of the 2008 Senate Bill 009, 252 of 2008, House, in the Second Permanent Constitutional Committee of the House of Representatives

The President of the Senate of the Republic, Hernan Andrade Serrano, referred by date of 18 December 2008 to the President of the House of Representatives, German Varon Cotrino, the copy of the file of the Bill No. 09 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved made and signed in Ankara on May 17, 2006, with the end of their legal and regulatory course in the House of Representatives.

The presentation for the first debate before the Second Permanent Constitutional Commission of the House, corresponded to Rep. Jairo Alfredo Fernández Quessep and was published in the Congress Gazette April 17, 2009.[12]

The project was announced on April 22, 2009, to be discussed and voted on in the first debate, as stated in the Congress Gazette number 543 of 2009. The previous announcement required in Article 8or Legislative Act 01 of 2003 was made by the Secretary of the Second House of Representatives Committee, on the instruction of the President of the Second Commission Together, in the following terms:

PERMANENT SECOND CONSTUTUTIONAL COMMISSION

ACT NUMBER 26 of 2009

(April 22)

I

(...)

" Announcements of bills to comply with article 8or the Legislative Act number 01 of 2003. These bills will be discussed and voted on in the next session of the House's second committee, as you have ordered it Mr. President. "

(...)

" 4. Draft law number 252 of 2008, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved.

(...)

" President, Representative Pedro Pablo Trujillo Ramírez, President of the Republic.

" Very well Dr. Silfredo, the session is up and it is called for the next date that we will be timely referencing them.

The session is closed at 12:56 p.m. m. ".

Bill 252 of 2008 House, 009 of 2008 Senate was approved at the session on April 28, 2009, as stated in Act No. 27 of 2009, published in the Gazette number 544 of 2009 and was approved in the following terms:

ACT NUMBER 27 OF 2009

PERMANENT SECOND CONSTITUTIONAL COMMISSION

HONORABLE HOUSE OF REPRESENTATIVES

NUMBER 27 OF 2009

(April 28)

(...)

For the regular session on Tuesday, April 28, 2009.

(...)

III

Discussion and approval of bills in the first debate

(...)

Makes use of the word the Commission Secretariat, Dr. Pilar Rodríguez Arias:

No. 09 of 2008 Senate, 252 of 2008 House, by means of which the agreement of trade cooperation between the government of the Republic of Colombia and the government of the Republic of Turkey is approved, and signed in Ankara on 17 May 2006.

Authors: Minister of Foreign Affairs, Dr. Jaime Bermudez Merizalde and Minister of Commerce, Industry and Tourism, Dr. Luis Guillermo Plata.

Rapporteur: Honourable Representative Jairo Alfredo Fernández Quessep.

Project publications.

First Chamber Debate: Gazette number 218, 2009.

The Secretary General of the Second House of Representatives, on record of April 28, 2009,[13] certifies that the bill was discussed and approved in the first debate on April 28, 2009, with a deliberative quorum. and decision of 17 of the 19 Representatives that make up the Second Committee of the House.

2.4.4. The procedure in the House of Representatives of the House of Representatives of the Bill 009 of 2008 Senate, 252 of 2008 Chamber

The keynote for the second debate before the House of Representatives Plenary was presented by Representative Jairo Alfredo Fernández Quessep, and was published in the Congress Gazette number 354 of 22 May 2009.[14]

In order to comply with the requirements of Article 8or Legislative Act 01 of 2003, the bill was announced for second debate in the House of Representatives plenary session. for the first time, on June 16, 2009, to be discussed and voted on in the first debate, at the next session, that is, on June 17, 2009, as stated in the Congress Gazette number 1019 of 2009.[15]

At the session on June 17, the bill was not debated or approved by the House Plenary, and the announcement is reiterated at the end of the session, as stated in the Congress Gazette number 840, 2009, to be Adopted at the meeting on 18 June 2009. At the session on June 17, 2009, the previous announcement required in article 8or the Legislative Act 01 of 2003 was made by the Secretary of the House of Representatives, on the instruction of the President of the Joint Second Commission, in the following terms:

The Secretary General of the House of Representatives, Dr. Jesus Alfonso Rodriguez Camargo, reports

Mr. President with his coming and with due respect we already have to proceed to the announcement.

Session of the Speaker of the House of Representatives, Dr. German Varon Cotrino: We proceed then to the announcement of what the reconciliations and bills announced for tomorrow are from the one of the afternoon.

Deputy Secretary General of the House of Representatives, Dr. Flor Marina Daza Ramírez, reports: " The following projects are announced for plenary session on June 18, in which bills or acts are discussed. legislative Act 01 of July 3, 2003.

(...)

Projects for Second Debate.

(...)

252 of 2008 House, 009 of 2008 Senate, by means of which the "Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey" is approved done and signed in Ankara on 17 May 2006.

(...)

Mr. President, the bills have been announced.

The session is governed by the Speaker of the House of Representatives, Dr. German Varon Cotrino: The session is closed and is scheduled for tomorrow at one in the afternoon.[16

The bill was debated and approved on June 18, 2009, as stated in Act No. 189 of that date, published in Gazette number 861 of 8 September 2009. The title of the project was approved in ordinary voting. The vote on the project was done in the following terms:

PLENARY MINUTES

Number 189 of the ordinary session of the day Thursday, June 18, 2009

Presidency of the Honorable Representatives German Varon Cotrino, Odin Horacio Sanchez Montes de Oca, Lidio Arturo Garcia Turbay.

In Bogotá, D. C., Constitutional Headquarters of the Congress of the Republic, on June 18, 2009, opening the registry at 1:44 p. m. and starting at 2:17 p. m., met in the National Capitol's Elliptical Hall, the honorable Congressmen that are indicated, in order to sessionize in accordance with the legal mandate.

(...)

Projects for Second

(...)

12. Bill No. 252 of 2008 House, 009 of 2008 Senate, by means of which the Convention of Trade Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey is approved and signed in Ankara on 17 May 2006.

Authors: Minister of Foreign Affairs Dr. Jaime Bermudez Merizalde and Minister of Commerce, Industry and Tourism, Dr. Luis Guillermo Plata.

Rapporteur: Honourable Representative Jairo Alfredo Fernandez Quessep.

Project Publication: Congress Gazette number 461, 2008.

Publication for first debate: Congress Gazette number 218, 2009.

Publication for second debate: Congress Gazette number 354, 2009.

Approved in Commission: April 28, 2009.

Announcement: June 17, 2009.

(...)

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme: Next item on the agenda, Mr. Secretary.

General, Dr. Jesus Alfonso Rodriguez C.: By means of which the trade cooperation agreement is approved, between the government of the Republic of Colombia and the government of the Republic of Turkey, signed in Ankara, 17 May 2006.

Report of ponence. The second debate on the draft law was adopted by means of which the cooperation agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey was approved, and signed in Ankara on 17 May 2006. Signature Jairo Alfredo Fernández Quessep.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme: In consideration, the proposal with which the report ends, its discussion opens, announced that it will be closed, is closed, does the Camera the proposition with which the report of the paper ends?

Secretary General, Dr. Jesus Alfonso Rodriguez C.: Approved, President.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme:

Articulated, Mr. Secretary.

Secretary General, Dr. Jesus Alfonso Rodriguez C.: They have three articles without a proposal.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme:

In consideration, the block of three articles without a proposal, opens its discussion, announced that it will close, is closed does the House approve the block of three articles?

Secretary General, Dr. Jesus Alfonso Rodriguez C.: Approved President.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme:

Project Title, Mr. Secretary.

General, Dr. Jesus Alfonso Rodriguez C.: By means of which the trade cooperation agreement between the government of the Republic of Colombia and the government of the Republic of Turkey is approved, signed in Ankara, 17 May 2006.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme: In consideration of the title of the bill, its discussion opens, announced that it will close, is closed does the Chamber approve the title of the project?

Secretary General, Dr. Jesus Alfonso Rodriguez C.: Approved, President.

of the Session by the Presidency, Dr. Fabio Raul Amin Saleme:

Does the House want this bill to become law of the Republic?

Secretary General, Dr. Jesus Alfonso Rodriguez C.: So you want it.

According to the Secretary of the House of Representatives House Bill 252, 2008 House, 009, 2008 Senate, was unanimously approved in an ordinary vote with 153 Representatives present at the session on June 18, 2009.[17]

The final text of Bill 252 of 2008 House, 009 of 2008 published in the Congress Gazette number 563 of July 10, 2009. On July 31, 2009, the President of the Republic sanctioned the approval law of the Convention under review, becoming Law 1345 of 2009, published in the Official Journal number 47427 of 31 July 2009.

2.4.5. Compliance with constitutional and legal requirements in the legislative process of Law 1345 2009. Unconstitutionality of Act 1345 of 2009

According to the above description, the Trade Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Turkey " made and signed in Ankara on 17 May 2006 and the Law that approved it did not the procedure provided for in the Constitution and the law. As will be seen later, in the Second House Committee the prior announcement for the vote of the bill did not meet the constitutional requirements.

2.4.5.1 Getting Started in the Senate

According to what is stated in article 154 of the Constitution, the bills that refer to international relations must begin their process in the Senate of the Republic. In the case under study, the bill was presented on July 20, 2007 to the Secretariat of the Senate of the Republic by the Ministers of Foreign Affairs, Jaime Bermudez Merizalde; Trade, Industry and Tourism, Luis Guillermo Plata Paez.

Therefore, the Bill that culminated in the passage of Law 1395 of 2009 effectively complied with the requirement of Article 154 of the Charter by initiating its procedure in the Senate.

2.4.5.2 Terms to mediate between discussions

According to article 160 of the Charter, you must mediate in the approval of a bill in the respective constitutional commission and the corresponding plenary a period of not less than 8 days, and between the approval of the project in one of the Chambers and the initiation of the debate in the other, one of at least 15 days.

In the matter under study, the bill was (i) passed in the first debate by the Senate Second Committee on September 17, 2008, (ii) by the Senate Plenary on December 15, 2008; (iii) by the Second Commission of the House of Representatives, on April 28, 2009, and subsequently, (iv) was approved in the second debate by the Plenary of the House of Representatives on June 18, 2009.

That is, the constitutional terms of 8 and 15 days set out in article 160 were respected.

2.4.5.3 Official Publications

Article 157, numeral 1 of the Constitution states the obligation to make the official publication by the Congress of the project and the presentation before giving it course in the commission respective.[18] These publications were fulfilled as follows:

a) Publication of the original text of the project, along with the respective explanatory statement in the Congress Gazette of Republic number 461, 2008.

b) The publication of the paper for the first debate in the Second Permanent Constitutional Commission of the Senate of the Republic was made at the Congress Gazette number 626 of 11 September 2008 and the project was discussed and approved on 17 September 2008.

c) For the second debate in the Senate of the Republic, the paper was published on November 27, 2008 at the Congress Gazette number 953, 2008, and was debated and approved on December 15, 2008.

d) In the Chamber, the first debate was published on April 17, 2009 at the Congress Gazette number 218, 2009, and was debated and approved on April 28, 2009.

e) The presentation for the second debate in the Chamber was published on May 22, 2009 at the Congress Gazette number 354 of 2009 and was debated and approved on June 18, 2009.

Thus, the Constitutional Court concludes that the requirement to publish article 157, numeral 1, of the Charter was fulfilled.

2.4.5.4 Quorum and majorities

As for the decision-making quorum of Article 146 of the Constitution, as certified by the Secretaries of the Senate and the House, the votes were taken by a majority, with the quorum required, in accordance with the constitutional requirement.

According to the Secretary General of the Second Senate Committee of the Republic, the bill was approved with a deliberative and decision-making quorum of 12 of the 13 Senators that make up the Senate Second[19. certification of the Secretary of the Second House Committee, the bill was approved with a deliberative and decision-making quorum of 17 of the 19 Representatives that make up the Second Chamber Commission.[20]

As for the second debate before the Senate and House of Representatives plenary sessions at the Congress Gacetas 223 of 2009 and 861 of 2009, respectively, where these sessions were published It is common ground that the vote on the bill and its approval was unanimously approved by the congressmen who attended. In the Senate plenary the bill was approved with a quorum of 98 Senators[21] and in the House with a quorum of 153 Representatives to the House.[22]

2.4.5.5 Prior announcement provided for in article 8or Legislative Act 1 of 2003

About meeting the requirement of the prior announcement that you are dealing with article 8or Legislative Act 01, 2003, which added the article 160 the Charter,[23] the Constitutional Court has pointed out in several opportunities that this provision orders (1) that the date of the vote of the bills be previously announced; (2) that the announcement of such a vote be held in session which is different from that of the sitting in which it is submitted for approval; and (3) that the vote should the day it is announced.[24] Thus in the 2006 C-576 Statement, this Corporation noted:

"In accordance with the case law of this Court, the purpose of the Legislative Act is to " allow Congressmen to know in advance which bills or reports of presidential objections will be submitted to voting, assuming full knowledge of them and avoiding, therefore, that they are caught with out-of-the-box votes. "[25]

The Court has established that this provision requires for compliance that in a previous session the projects that will be discussed and voted on in a subsequent sessionwill be announced, as long as when it is called for approval at a pre-fixed and determined future date, or at least, determinable.[26] The constitutional requirement points to the effective prior knowledge of the projects that will be the subject of a decision, If, for reasons of the development of the legislative debate, the vote on a project does not In the first place, the Commission is not in a position to be able to make a decision on the basis of the principle of equal treatment for the European Union. voting[27]".[28]

The Court has also indicated as minimum requirements that it must comply with that prior announcement, the one that is made by the President of the respective legislative cell, or at least, by the Secretary on the instructions of the President of the Commission or the Plenary. [29] A specific sacramental form is not required to use the terms voting or approval, but it has been accepted that similar expressions are used, of which it is possible to infer that the congressmen are being called. that compliance with what was ordered in the 2003 Legislative Act 01 is being enforced.

Finally, the announcement for the vote of a bill must be made for a session after the one in which the announcement is made, "as long as it is called to (...) a predetermined and determined future date, or less, determinable".[30] In the 2008 C-533 Statement the Court specified how these conditions are to be met:[31]

(...) by virtue of the constitutionality judgments that this Court has uttered on the matter, they have been established criteria of interpretation that must guide the work of the constitutional judge when examining the budgets of existence and validity of this constitutional requirement. (...)

a) Does not address a particular sacramental formula: It is not necessary to use certain linguistic expressions to make the warning for what is relevant is that they unequivocally transmit the intent to submit to voting on a particular project. The Court has validated for example terms such as: "announce", "discuss" , and "approve".

b) Determination of the future session in which the vote of the project will take place, otherwise it makes an announcement not determined nor determinable contrary to the constitutional requirement: a constitutional part of the fact that in a previous session the projects which will be discussed and voted on in a subsequent session are announced, it is not necessary to indicate the exact date on which the vote will take place whenever it is determinable, for example, the Court has endorsed expressions such as next Tuesday, "next session", "next week", "next session" , and "day of tomorrow".

c) Continuation of the ad chain by postponement of the vote unless in session prior to the approval has been announced: in the face of the indefinite postponement of the vote the succession of In order to avoid breaking the temporal sequence of the notice, however, the constitutional requirement is not known when despite the present rupture it was announced in the session immediately before the vote of the project.

d) Compliance with the constitutional requirement when, despite the failure to comply with the vote due to its failure to do so on the scheduled date, it finally occurs on the first occasion when it returns to session, that is to say, in the Next session, which can be corroborated in the following order of the minutes.[32]

In the subject under review, the previous announcements were made as follows:

(i) Announcement for first debate in the Second Permanent Constitutional Commission of the Senate of the Republic: The bill was announced on September 16, 2008, to be discussed and voted on in the next session, and at the end of the session it was necessary to quote "for tomorrow Wednesday, September 17 from 10 a.m."[33] and the project was voted and effectively approved on September 17, 2008. In this Commission, the requirement of the prior notice set out in Article 8or the Legislative Act 01 of 2003 was fulfilled for the following reasons:

(a) the announcement was made by the Secretary of the Commission.

(b) the expression "announcement of discussion and voting of bills for the next session, (Article 8or the Legislative Act of 2003)" was used to expressly state for that the congressmen were being called.

(c) the announcement for the vote of a bill, must be made for a session after the one in which the announcement is made, as long as it is called to (...) a predetermined and determined future date, or at least, determinable"[34]. In the case under examination, the congressmen were summoned for the "next session," and at the end of it, they were summoned "for tomorrow Wednesday at ten in the morning," so the congressmen knew with certainty when they would be sessioning and what the object of that session was, "to vote on the bill."

(d) The vote was actually done in the next session. In the case under study, the Secretary of the Senate's Second Commission after reporting that the 2008 Senate Bill 009 would be voted on at the next session, pointed out at the end of the session that it was being cited for "tomorrow "Wednesday", for which, for the members of the Second Commissions, it was clear when the project would be discussed and voted on. Therefore the prior announcement was made in a clear manner according to the constitutional requirement.

(ii) Announcement for Second Debate in the Senate Plenary: The project was announced on 11, 2008, be discussed at the next plenary session, determined for December 15 from 2008, at 2:00 p. m.

Therefore, the requirement of the prior notice set out in Article 8or Legislative Act 01 of 2003 was met in accordance with the constitutional requirements:

(a) The announcement was made by the Secretary of the House, on the instructions of the President of that Corporation.

(b) As to the terms used to make the announcement, the Secretary of the House says "pursuant to Legislative Act number 01 2003, the Secretariat announces the projects to be discussed and approved at the next session".

(c) The announcement was made in a clear way, as in the end, the President of the House lifts the session and says: " (...) summons for the day Monday, December 15, 2008, at 2:00 p. m. " so it was clear to the congressmen in which session the debate and vote of the bill would take place.

(d) The vote was taken later than the one in which the previous announcement was made and on the date set for it, as had been reported. In this case, the previous announcement was made on December 11, 2008 and the vote on the project was held on December 15, 2008, as it had been informed to the congressmen, meeting the constitutional requirements.

(iii) Announcement for first debate in the Second Permanent Constitutional Commission of the House of Representatives: The bill was announced on April 22, 2009, to be discussed and voted on: ," and at the end of the session, instead of pointing out a certain or determinable date, it was said: " ... the session is closed and is called for the next date that We'll be referencing them. " In that measure it was not possible to know the House representatives when the bill would be voted on.

The following session took place on April 28, 2009, however, it does not appear as if the congressmen who were in session learned, given the ambiguity with which they had been called. Such ambiguity would have to have been overcome by the repetition of the announcement in that session, and with the call for a certain or determinable date, to respect the chain of announcements and votes required by the Legislative Act href="legislative_01_2003.html#1"> 01 2003. Notwithstanding the above, the bill was voted on and approved on April 28, 2009.[35] Thus, the approval of the bill at the session of the Second Permanent Commission of the House of Representatives, held on April 28, according to the Number 27 of 2009, was not carried out in accordance with the constitutional mandate alluded to, whose rule was exposed at the beginning of this point.

In this Commission the requirement of the prior notice set out in Article 8or Legislative Act 01 of 2003 was not fully complied with since the announcement for the vote of a bill, must be made for a post-session session where the announcement is made, as long as it is called to ... a predetermined and determined future date, or at least, determinable".[36] In the case under examination, the Congressmen were summoned for the " next session", but at the end of it, it was not determined when that next meeting would be and it was simply expressed that this date would be"referenced to future". In this case, having no element to determine when the next session would be, neither the congressmen nor the citizenry knew for sure when the Commission would be sessionary.

As the ad for voting on projects should be conducted during legislative cell sessions and with the full of constitutional requirements, any informal summons held outside the sessions or without the necessary elements that offer certainty about the date of the meeting and the object of the session to those who have an interest in a given project, it lacks validity, and therefore it causes the unconstitutionality of the Law href="ley_1345_2009.html#1"> 1345 from 2009.

(iv) Announced for the second debate in the House of Representatives Plenary. The project was announced for the first time on June 16, 2009, and reiterated at the session on June 17, 2009, to be voted on at the plenary session on June 18, 2008. The project was effectively voted on and approved in that session. Therefore, the requirement of the prior notice set out in Article 8or Legislative Act 01 of 2003 was fulfilled in accordance with the constitutional requirements:

(a) The announcement was made by the Deputy Secretary General of the House, on the instructions of the President of that Corporation.

(b) In terms of the terms used to make the announcement, the House Undersecretary uses the term "plenary session in which bills or legislative acts are discussed".

(b) As to the terms used to make the announcement, the Secretary of the House says "according to Legislative Act number 01 of 2003."

(c) The announcement was made in a clear manner, as the deputy secretary expressed "The following projects are announced for the plenary session of June 18," so it was clear to the congressmen in which session the debate and vote would take place. of the project.

(d) The vote was taken in the session after the one in which the prior announcement was made and on the scheduled date for this, as had been reported. In this case, the previous announcement was made on June 17, 2009 and the vote on the project was held on June 18, 2009, as it had been informed to the congressmen, meeting the constitutional requirements.

(e) The vote was effectively taken at the session on 18 June 2009, that is to say in the session immediately following the one in which the announcement was made.

It can be concluded from the above that the notice for the conduct of the debate of this bill in the Second Commission of the House of Representatives was not performed in due form by not indicating a certain date or at least determinable for the next debate.

As stated in point (iii), the announcement made for the first debate in the Second Permanent Constitutional Commission of the House of Representatives did not meet the requirements of the article 8or Legislative Act 01, 2003.

This Court in the 2006 C-576 Statement (MP. Manuel José Cepeda Espinosa) established that a failure to hold the ads for debates at a time after the vote in the Senate Plenary is considered an unsanitary vice that will trigger the return of the approval bill. of an international treaty to Congress to remedy the vice and to continue its process from the moment it occurred, when the other conditions of subsability are met.

in this case, the vice is subsable because, as it was widely stated, in the Second Commission and in the Plenary of the Senate, the structural stages of the legislative procedure were respected and only in the Second Commission of the Chamber of Representatives were omitted to comply with the requirement set out in Article 8or Legislative Act 01, 2003. For the above, and in accordance with the paragraph of Article 241 of the Charter, the bill number 009 of 2008 Senate, 252 of 2008 House of Representatives, shall return to that legislative cell so that the Commission's Second Permanent Constitutional Commission will comply with the provisions of article 8or the Legislative Act 01 of 2003 and from there continue with the relevant legislative procedure.

Congress will have until June 20, 2010, the date of the end of the second session of the current legislature, to conclude the process of forming the law. As this Corporation has pointed out, an order of this nature is compatible with the prohibition contained in article 162 CP., since the limit of two legislatures applies exclusively to the original formation of the law, without it being able to extend to additional deadlines set by the Constitutional Court in order to remedy procedural defects.[37]

Finalized the procedure in Congress and the presidential sanction in the terms set forth in the Political Charter, Law 1345 of 2009 will have to be sent to the Court to decide on the exilibility of the act, as provided for in the paragraph of article 241 Superior.

On the latter particular, it should be noted that the presidential sanction, as it relates to the same approving act subject to analysis, will not contract the change in the identification of the law. In this sense, the Legal Secretariat of the Presidency of the Republic, when exercising the jurisdiction provided for in Article 8 of Decree 2719 of 2000, will retain the number of Law 1345 of 2009. This is because, as this Corporation has maintained[38] the vice-healing of a vice in the legislative process by the Congress does not contract any modification in relation to the nominal identification of the bill and the law Resulting approval.[39]

VI. DECISION

On the merits of the above, the Plena Chamber of the Constitutional Court, administering justice on behalf of the people and by mandate of the Constitution,

RESOLVES:

First. By General Secretariat of the Constitutional Court, RETURN to the House of Representatives Presidency of Law 1345 of 2009, by means of which the " Convention of Commercial Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Turkey ", made and signed in Ankara on 17 May 2006, in order to process the under-healing of the procedural vice identified in this providence.

Second. GRANT to the Second Permanent Constitutional Commission of the House of Representatives the term of 30 days, counted from the notification of this order to the Presidency of the House, to remedy the vice detected in this providence.

Third. Once the vice referred to in the consideration of this providence has been remedied, the House of Representatives will have until June 20, 2010, to fulfill the later stages of the legislative process. Then, the President of the Republic will have the deadline set in the Charter to sanction the bill.

Fourth. Complied with the previous procedure, the President of the Congress will refer to the Court the Law 1345 of 2009, to decide definitively on its exequability.

Notify, contact, publish, insert in the Constitutional Court Gazette, file the file and comply.

Mauricio González Cuervo, President; Maria Victoria Calle Correa, Juan Carlos Henao Pérez, Gabriel Eduardo Mendoza Martelo, Jorge Ivan Palacio Palacio, Nilson Pinilla Pinilla, (Away in committee); Jorge Ignacio Pretelt Chaljub, Humberto Antonio Sierra Porto, Luis Ernesto Vargas Silva, Magistrates.

Martha Victoria Sachica Mendez,

General Secretariat.

(A-053 of 2010).

* * *

1 Constitutional Court, Judgment C-468 of 1997 (MP: Alejandro Martínez Caballero). This doctrine has been widely reiterated by this Corporation. See among many others, the 1996 C-378 Sentences (MP: Hernando Herrera Vergara); C-682 1996 (MP: Fabio Moron Diaz); C-400 1998 (MP: Alejandro Martínez Caballero); C-924 , 2000 (MP: Carlos Gaviria Diaz); C-206 , 2005 (MP: Clara Inés Vargas Hernández); C-176 , 2006 (MP: Alvaro Tafur Galvis); C-958 2007 (MP: Jaime Córdoba Trivino); C-927 2007 (MP: Humberto Antonio Sierra Porto); C-859 2007 (MP: Mauricio González Cuervo); C-464 , 2008 (MP: Jaime Araujo Renteria); C-387 of 2008 (MP: Rodrigo Escobar Gil); C-383 of 2008 (MP: Nilson Pinilla Pinilla); C-189 of 2008 (MP: Manuel José Cepeda Espinosa); C-121 2008 (MP: Marco Gerardo Monroy Cabra); C-032 2009 (PM. Marco Gerardo Monroy Cabra); C-031 , 2009 (MP. Humberto Antonio Sierra Porto); C-094 , 2009 (MP. Clara Elena Reales Gutiérrez); C-150 , 2009 (MP. Mauricio González Cuervo); C-195 , 2009 (MP. Jorge Ivan Palacio Palacio); C-285 , 2009 (MP. Nilson Pinilla Pinilla); C-378 , 2009 (MP. Humberto Antonio Sierra Porto); C-685 , 2009 (MP. Luis Ernesto Vargas Silva).

2 See Constitutional Court, Sentences C-468 of 1997 (MP: Alejandro Martínez Caballero); C-376 of 1998 (MP: Alejandro Martínez Caballero); C-426 of 2000 (MP: Fabio Moron Diaz); C-924 2000 (MP: Carlos Gaviria Diaz).

3 According to the provisions of Article 204 of the Congress Regulation, the draft laws approving international treaties are dealt with by the ordinary or common legislative procedure, with the Specifics established in the Charter (on the initiation of the passage of the law in the Senate of the Republic, article 154, C.N.) and in the regulation on the possibility of presenting proposals Non-approval, postponement or reservation in respect of Treaties and Conventions International (art. 217 of Law 5th of 1992). In connection with this possibility, in Case C-227 of 1993 (MP: Jorge Arango Mejia), the Court pointed out that during the process of a bill approving the treaty, proposals for non-approval may be presented, (i) postponement or reservation in respect of international treaties and conventions.

4 Article 19 of the 1969 Convention on the Law of Treaties states: " A State may make a reservation at the time of signing, ratifying, accepting or approving a treaty or acceding to it, unless: (a) that the reserve is prohibited by the treaty; (b) that the treaty provides that only certain reserves may be made, not including the reservation in question (...) " In practice, the conventional solutions are different: certain treaties prohibit any type of reservation (such as the 1982 Montego Bay Convention on the Law of the Sea or the New York and Rio de Janeiro Conventions on Biological Diversity and Climate Change); others authorize reservations about certain provisions only (for example, Article 42 of the Convention on Refugees of 1951) and some exclude certain categories of reserves (such as Article 64 of the European Convention on Human Rights which prohibits vague reservations). In general, a reservation expressly permitted by the final clauses of the treaty does not require approval or acceptance by other States (Article 20, paragraph 1 of the Vienna Conventions of 1969 and 1986).

5 Constitutional Court C-750 of 2008 (MP Clara Inés Vargas Hernández).

6 Congress Gazette number 461 of 28 July 2008, pp. 16-18.

7 Congressional Gazette number 626 of September 11, 2008, pp 3-5.

8 Congress Gazette number 289, 2007, 7 May 2009, pp. 2-3.

9 Congress Gazette number 331 of May 19, 2009, Act No. 11 of 2008. The approval of these minutes was given on 21 October 2008.

10 Cfr. Folio 2, Test Notebook 3.

11 Cfr. Folio 2, Test Notebook 1.

12 Congress Gazette number 218 of April 17, 2009, pp 1-2.

13 Cfr. Folios 10, Test Notebook 2.

14 Congress Gazette number 354 of 22 May 2009 pp. 1-2.

Congress Gazette number 1019, 2009.

16 Congress Gazette number 840 of September 3, 2009 pp. 116-117.

17 Cfr. Folio 3, Test Notebook 4.

18 Political Constitution. Article 157. No project shall be law without the following requirements: ¦ 1. To have been officially published by the Congress, before giving it a course in the respective committee. (...) ".

19 Office dated September 15, 2009 issued by the Second Permanent Constitutional Committee, Foreign Affairs, Defense and National Security, Foreign Trade and Honours of the Senate of the Republic of the Republic of the Republic of the Republic of Mexico. Constitutional Court.

20 Report dated April 28, 2009 issued by the General Secretariat of the Second Permanent Constitutional Commission.

21 Office dated September 14, 2009 issued by the General Secretariat of the Senate of the Republic and addressed to the General Secretariat of the Constitutional Court.

22 Certificate of the House of Representatives, issued at 21 days of the month of September 2009.

23 Article 160 of the Constitution was added to Article 8o of Legislative Act 01 dated July 3, 2003 as follows: "Article 8or. Article 160 of the Political Constitution will have an additional paragraph of the following tenor: " No bill will be put to a vote in session other than that which has previously been announced. The notice that a project will be put to the vote will be given by the Presidency of each Chamber or Commission in session other than the one in which the vote will be taken".

24 See among many other Sentences C-644 of 2004 (MP: Rodrigo Escobar Gil), SV: Rodrigo Uprimny Yepes; C-549 of 2006 (MP: Manuel José Cepeda Espinosa); C-172 , 2006 (MP: Jaime Cordoba Trivino); C-241 2006 (MP: Marco Gerardo Monroy Cabra) and Autos 038 of 2004 and 089 of 2005 (MP. Manuel José Cepeda Espinosa).

25 See Auto 038 of 2004 (MP. Manuel José Cepeda Espinosa) and Judgment C-533 of 2003 (MP. Alvaro Tafur Galvis).

26 Constitutional Court, Statement C-644 , 2004 (MP: Rodrigo Escobar Gil, SV: Rodrigo Uprimny Yepes).

27 Constitutional Court, Statement C-533 , 2004 (MP. Alvaro Tafur Galvis).

28 Constitutional Court, C-576 , 2006 (MP: Manuel José Cepeda Espinosa), with partial rescue of Jaime Araujo Renteria's vote. In this judgment, the Court also specified when the failure to comply with the requirement of Article 8or of Legislative Act 01 of 2003 was insubsable, in particular as regards laws approval of treaties. On this point the following was said: " 5.3. The possibility that the non-compliance with the requirement referred to in Article 8or Legislative Act 01 of 2003 in the legislative procedure of the laws that approve an international treaty or convention -breaking the chain of announcements prior to the bill's vote-depends on the context in which the vice occurred and its impact on the formation of the will of the Congress. ¦ 5.4. With regard to the passage of laws that approve treaties or international conventions, it should be remembered that these laws have the same procedure as ordinary laws (...) with the particularity that the bill must begin its process. in the Senate and the competition of the Congress of the Republic is limited to approving or improving the treaty or convention (...). The Court has determined as relevant criteria to establish the subsability of this vice: " () the fulfillment of the basic and structural stages of the legislative process, established in the article 157 of the Charter; (ii) the context within which the vice was presented; (iii) the guarantee of minority rights throughout the parliamentary debate and the democratic principle in the vote of the bill; (iv) the type of law in question and its evolution throughout the debate parliamentarian. " (...) In harmony with the above criteria and particularities, it must be understood that in matters of laws that approve treaties or international conventions, the essential condition of subsability is that the Senate has pronounced itself in such a way that the A chamber where, by constitutional mandate, the process of the draft laws approving a treaty has been initiated has expressed its will in a complete manner. Thus, one of the structural stages of the process, e.g., the approval by the Senate, will have been completed without any vice. ¦ (...) In other words, a failure to comply with the requirement of the prior notice set forth in article 160 CP. up to the vote in the Plenary of the Senate is considered as a vice in the insubsainable legislative process that will trigger the declaration of inexequibility of the law approving an international treaty. On the other hand, a lack of compliance with the aforementioned requirement at a time after the vote in the Senate Plenary is considered an unsanitary vice that will trigger the return of the approval of an international treaty to the Congress to remedy the vice and continue its proceedings from the moment it occurred, when the other conditions of subsability are met.

29 See for example 2004 C-533 Statements (PM. Alvaro Tafur Galvis), C-661 , 2004, (MP. Marco Gerardo Monroy Cabra), C-780 , 2004 (MP. Jaime Cordoba Trivino), C-333 , 2005 (MP. Jaime Cordoba Trivino), C-400 , 2005 (MP. Humberto Sierra Porto), C-930 , 2005 (MP. Jaime Cordoba Trivino); C-676, 2006 (MP. Manuel José Cepeda Espinosa); C-387 , 2008 (MP: Rodrigo Escobar Gil), C-799 , 2008 (MP. Clara Ines Vargas Hernandez), C-031 , 2009 (MP. Humberto Antonio Sierra Porto); C-150 , 2009 (MP. Mauricio González Cuervo); C-195 , 2009 (MP. Jorge Ivan Palacio Palacio); C-248 , 2009 (MP. Luis Ernesto Vargas Silva); C-379 , 2009, C-376 , 2009 (MP. Gabriel Eduardo Mendoza Martelo).

30 Constitutional Court. Statement C-644 of 2004 (MP. Rodrigo Escobar Gil, SV: Rodrigo Uprimny Yepes). See also 2005 C-930 Statement (MP. Jaime Cordoba Trivino SV: Manuel Jose Cepeda Espinosa, Rodrigo Escobar Gil and Alvaro Tafur Galvis.

31 C-927 2007 (MP. Humberto Antonio Sierra Porto); C-718 , 2007 (MP. Nilson Pinilla Pinilla); C-502 , 2007 (MP. Manuel José Cepeda Espinosa, SV. Jaime Araujo Renteria); C-309 , 2007 (MP. Marco Gerardo Monroy Cabra, SV. Jaime Araujo Renteria, SV. Humberto Antonio Sierra Porto); C-933 , 2006 (MP. Rodrigo Escobar Gil); C-864 , 2006 (MP. Rodrigo Escobar Gil, SV. Jaime Araujo Renteria); C-863 , 2006 (MP. Manuel José Cepeda Espinosa, SV. Jaime Araujo Renteria); C-649 , 2006 (MP. Manuel José Cepeda Espinosa, AV. Jaime Araujo Renteria); C-576 , 2006 (MP. Manuel José Cepeda Espinosa, S.P.V. Jaime Araujo Renteria); C-337 , 2006 (MP. Clara Ines Vargas Hernandez, SV. Jaime Araujo Renteria); C-322 , 2006 (MP. Marco Gerardo Monroy Cabra, SV. Jaime Araujo Renteria and SV. Alfredo Beltrán Sierra); C-276 , 2006 (MM.PP. Manuel José Cepeda Espinosa and Marco Gerardo Monroy Cabra, SV. Jaime Araujo Renteria, SV. Alfredo Beltran Sierra and SV. Humberto Antonio Sierra Porto); C-241 , 2006 (MP. Marco Gerardo Monroy Cabra); C-1040 , 2005 (MM.PP. Manuel José Cepeda Espinosa, Rodrigo Escobar Gil, Marco Gerardo Monroy Cabra, Humberto Antonio Sierra Porto, Alvaro Tafur Galvis and Clara Inés Vargas Hernández, SV. Jaime Araujo Renteria, SV. Alfredo Beltran Sierra, SV. Jaime Cordoba Trivino, SPV and AV. Humberto Antonio Sierra Porto); and C-780 , 2004 (MP. Jaime Cordoba Trivino, SV. Jaime Araujo Renteria, SV. Alfredo Beltran Sierra and SPV. Rodrigo Uprimny Yepes). Also see cars of Sala Plena Nos. 232 of 2007 (MP. Jaime Cordoba Trivino, SV. Jaime Araujo Renteria); 145 of 2007 (MP. Nilson Pinilla Pinilla); A-119, 2007 (MP. Rodrigo Escobar Gil, SV. Jaime Araujo Renteria); A-053, 2007 (MP. Jaime Cordoba Trivino, SV. Jaime Araujo Renteria); and A-311, 2006 (MP. Marco Gerardo Monroy Cabra, SV. Humberto Antonio Sierra Porto, SV. Clara Ines Vargas Hernandez).

32 C-533 2008 (MP. Clara Ines Vargas Hernandez).

33 Congress Gazette number 289 of 7 May 2009 pp. 2-3.

34 Constitutional Court. Statement C-644 of 2004 (MP. Rodrigo Escobar Gil, SV: Rodrigo Uprimny Yepes).

35 Congress Gazette number 544 of 2 July 2009.

36 Constitutional Court. Statement C-644 , 2004 (MP: Rodrigo Escobar Gil, SV: Rodrigo Uprimny Yepes).

37 Cfr. Constitutional Court, Auto 232 of 2007 (MP. Jaime Cordoba Trivino, with SV by Jaime Araujo Renteria. See also the A-089 of 2005 (MP. Manuel José Cepeda Espinosa).

38 Cfr. Constitutional Court, Sentencing C-863 of 2006 (MP: Manuel José Cepeda Espinosa), in which the constitutionality of an approval law that had received double numbering by mistake was examined, after the Congress of the Republic had remedied a vice detected by the Constitutional Court: " In the case at hand, the Court warns the following: (i) the first number of laws-869 of 2004-is the one that identifies the approved law subject to the control exercised in this process; (ii) the will of the Legislator, in compliance with the 2005 Auto 089, was that of correcting the vice of form observed by this Corporation in the formation of Law 896 of 2004; (iii) the Bill corresponded always to the same, that is, to 212/03 Senate-111/03 House, as can be confirmed in all the presentations and debates that were held in the Congress, and in its referral for presidential sanction. | | Now, an administrative error was made in the numbering, when a second number was assigned to the same law after the vice was remedied in the formation of the same. However, this error does not change the content of the law or affect the process of its formation in the Congress of the Republic. For the Court therefore, the present analysis of constitutionality is understood to be carried out on the Law 896 of 2004 which approved the "Convention between the Government of the Republic of Colombia and the Government of the Republic of Colombia". Bolivia for the recovery of cultural goods and other specific stolen, imported or exported illicitly ", subscribed in the city of La Paz, at twenty (20) days of August of the year two thousand one (2001)". See also the Autos A-018/07 and A-057/07.

39 View Auto 232 of 2007 (PM. Jaime Cordoba Trivino).

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