President, the following projects are announced for the plenary session on Tuesday, May 11, or for the next session in which bills or legislative acts are debated, according to Legislative Act 01 of July 3, 2003, in your article 8or.

The article 151 C. P. gives Congress the power to issue organic laws, "to which the exercise of legislative activity will be subject." These laws are aimed at establishing, in the sense of the same provision: the of the Congress and each of the Chambers; the rules on the preparation, approval and execution of the budget of rents and the Law of Appropriations and of the general development plan; and the laws regarding the allocation of normative competences to the territorial entities. However, this list does not deplete the subjects that have a reserve of organic law, because within them there are also (i) the distribution of competences between the Nation and the territorial entities (Art. 288 C. P.); (ii) the establishment of the requirements for the formation of new Departments (Art. 297 C. P.); (iii) the marking of the conditions for the conversion of a region into a territorial entity (Art. 307 C. P.); (iv) the determination of the regions ' attributions, management bodies and resources, as well as their participation in the management of the income from the National Royalties Fund and the definition of the principles for the adoption of their respective special statutes (Art. 307 C. P.); (v) the adoption of a special administrative and fiscal regime for metropolitan areas; the design of mechanisms to ensure the proper participation of the respective municipal authorities in their bodies; (iii) administration; and the indication of the way in which popular consultations are to be convened and carried out in order to determine the link between the municipalities that constitute them (Art. 319 C. P.); and (vi) the setting of conditions for the formation of indigenous territorial entities (Art. 329 C. P.)._[34]

The constitutional doctrine on the incidence of organic laws has been assumed by differentiated levels of analysis, referring to the instrumental character that complies with this standard in the activity of legislation. The relationship between organic laws and other legal provisions, in particular ordinary laws; the requirements of the legislative procedure applicable to organic standards; and the particularities of public action of unconstitutionality against these provisions; in particular against their expiration.

3.4.1. As for the first aspect, the case law has established that the instrumental character of the organic laws is derived from the constitutional mandate provided for in the article 151 C. P., according to which the legislative activity is subject to these rules, which implies that they make up a parameter for their expedition. In other words, the organic norms guide the ordinary congressional work, when it is destined to regulate the matters that the Constitution has specified as being subject to the reserve of such normative. Therefore, for the particular case of the topics in which the Charter has provided for the organic law, the Congress may validly regulate, by means of ordinary laws, the respective subject, provided that this regulation is compatible with the organic normativity applicable at each event.

As the precedent has pointed out, the instrumental character of the organic laws demonstrates the intention of the constituent to make certain matters more flexible, so that the Constitution establishes the basic aspects of the matter. to regulate, delegate in the organic legislator the fixing of the general regime of the same and submit the ordinary regulation to the compliance of the parameters previewed both in the Constitution and the organic norm. In this regard, the case law has been pronounced, indicating that " the will of the constituent was that of making the issue more flexible, leaving simply the foundations for moving forward in the construction of a state model, The work of the Committee of the European Parliament, the Committee on Legal Affairs and the Committee on Legal Affairs and the Committee on Legal Affairs and the Committee on Legal Affairs and the Committee on Legal Affairs and the Rules of precision and concreteness. So, in our system of sources, the organic law is called to establish, in a general way, the guidelines for the ordinary legislator to develop, in the future, certain subjects, with which he cannot be characterized by entering into the details and details, since, in this way, the exercise of legislative activity would be petrified and the powers of the ordinary legislator were emptied of content. This is, consequently, a law on the law "on the legislation". "_[35] This is entirely compatible with what the Court has stated in its first judgments on the content and scope of organic legislation, to the Consider that " the constitutional norm is the creator of legal situations, without having an application without any previous juridicity, at the same time that the organic law does apply a higher norm-the constitutional one-and creates, the conditions to which the exercise of the activity will be subject legislative "._[36]

In turn, the same precedent points out that, together with the instrumental function, the organic norms are intended to complement the constitutional provisions, by means of provisions that, although they have a higher vocation than the of ordinary legislation, can be modified through simpler and more expeditious mechanisms than constitutional reform. The Constitution, in this order of ideas, is interested in the fact that the ordinary regulation of certain subjects has an intermediate control parameter, which without being subjected to the rigidity of the higher standard, achieves such stability as serves as a defined reference frame. Thus, the Court has indicated that " [andn what concerns the complement function of certain constitutional postulates, it has to be understood that the organic laws have been understood as normative texts that are called to develop the constitution itself on certain subjects; that is, as an instrument aimed at preventing the constitutional text from being constantly reformed; precisely, in the understanding that the Political Charter must be limited to the principles of principles essential political agreements with the convening of a permanent meeting on which structure the relations between the State and civil society, leaving to the organic legislator the task of developing them, in function of purely contingent situations "._[37]

This formal hierarchical relationship also brings a logical consequence. As long as the organic standard serves as a parameter of validity of the ordinary legislation, it can only be modified, added or repealed by another organic standard and by lower provisions, such as ordinary laws. In the words of the Court, " ... in the subject of the organic laws, the application of the hierarchical principle implies that, due to its special constitutional characterization, it occupies a place superior to that of the laws ordinary. Hence the ordinary law would not be able to modify or repeal any aspect contained in the organic law, as it would be opposed or contrary to the dictates of a legal norm located in a higher plane. "_[40]

In turn, the competence criterion refers to the fact that the Constitution has provided for certain matters, described in the previous separate section of this judgment, to have an organic law, which implies that they cannot be regulated by means of different nature, as ordinary laws. The Court has specified that the reserve of organic law must be strictly analyzed, since (i) the topics covered by it have been expressly and taxatively defined by the Charter; and (ii) Extended vision of the reserve would lead to the emptying of the competence of the ordinary legislator, which would have concrete effects on the validity of the representative democratic principle. Given that the reserve of organic law constitutes a limitation to the constitutional competence of the ordinary legislator. For the Court, " [l] as matters of constitutional reserve of organic law constitute the transcendental element for defining and identifying this special type of laws. Likewise, the approval of organic laws constitutes an exception to the general clause of the ordinary legislator. In this sense, the reserve of organic law requires a specific determination; in the Political Constitution and its material scope are restrictive in its interpretation. According to this Corporation, " a careful examination of the limitations contained in the organic law must be carried out, for, ' a lax interpretation of the scope reserved to the organic legislator -or statutory-, could end by emptying the ordinary legislator from competition and ostensibly restricting the democratic principle '. The doubt in the case of whether a given matter has an organic law reserve or not, must be resolved in favor of the ordinary legislator, for two fundamental reasons: the general clause of competence of the legislator and for the limitations of the laws organic constitute a limit to the democratic process "._[41]"_[42]

About the jurisdiction of the Court has made two important clarifications. In the first place, it provides that " conflicts that may arise between organic and ordinary rules are based on the fact that organic laws can refer to ordinary issues, for the sake of connection; in turn, ordinary laws can do so. to organic, but not to regulate organic reserve materials. In other words, two varieties of conflicts can be presented between the ordinary and organic law, namely: the first consists of the extraction of the organic law, so as to regulate matters that do not strictly correspond to those that point to the article 151 Superior; the second is presented when the ordinary law enters regular matters of the organic law, or which are contained in this type of law . "_[43] Second, it states that the Constitution is not opposed to a single law being seen on matters of the reserve of organic law and topics attached to the ordinary legislator, provided that conditions are established. relating to (i) respect for the principle of unit of matter; (ii) compliance with the general constitutional principles governing the legislative process; (iii) application of the specialty criterion in the organic law reserve, which allows the coexistence of co-exist themes of organic laws, as long as there is reasonable connection between them and no rigid separation is present in the regulated subjects; and (iv) that the approval of the organic law matters is done in compliance with the special requirements set forth in the article 151 C. P._[44]

3.4.3. The vocation of permanence, normative hierarchy and conformation as a parameter for the control of constitutionality of the ordinary laws, justify that the Constitution imposes formal requirements for the approval of the organic norms more strict for lower-range precepts. Thus, as regulated in the article 151 C. The rules of the ordinary legislative procedure apply to the procedure of these rules, except in the case of the majority to approve the initiative, requiring that it be absolute in nature.

3.4.4. Finally, with regard to the revocation of the public action of unconstitutionality for violation of the organic law reserve, the case-law has considered that such an infringement does not constitute a simple formal and formal It is a legislative process, which can be subhealed by the passage of time, but materially affects the rule under attack. This in the understanding that hierarchical superiority and conformation as a parameter of control of constitutionality predicable of the organic norms, compels that such precepts have met the constitutional requirements that are They must be able to fulfil the special role that the Political Charter confers on them. From this perspective, this Court has stipulated that " a more detailed analysis shows that the lack of knowledge of the organic law reserve does not constitute a purely formal vice, since it has to do with the material content of the accused standard. The situation is in this aspect identical to the violation of the rule of matter unit (C. P., art. 158), which this Corporation has already recognized as a material vice that does not expire (...) the reservation violation Organic law implies precisely that the Congress does not have the constitutional authorization-that is, it lacks competence and legitimacy-to use the form of the ordinary law for matters that the Charter has attributed to the form of the organic law. We are therefore in the presence of a vice of competition that, as this Corporation has already pointed out in previous decisions, is not in form but material "._[45

3.5.2. For the solution of the proposed issue, it is important to focus on the additions that Law 617/00 introduced to the LOP. In fact, the aforementioned law configures a normativity with various purposes, among them adding the organic rules on budget. This is evidenced by the reading of the article 95 ejusdem, a provision that assigns the character of organic budget rules to the items 3or, 4or, 5or, 6or, 7or, 8or, 9or, 10, 11, 13, 14, 52, 53, 54, 55, 56, 89, 91, 92 , and 93 of the same Law 617/00.

The Constitutional Court, in Judgment C-540/01 (M. P. Jaime Córdoba Triviño) pronounced about the legal nature of the aforementioned rules and, in particular, whether the fact that the article 95 has conferred organic nature to a group of provisions of Law 617/00, has a purely indicative purpose or if, in reality, it brings as a consequence that such rules acquire the normative hierarchy and, therefore, conformation as a parameter of constitutional control that the Letter confers on the organic laws.

For the Court, the criteria that had to be taken into account to define whether the aforementioned rules had an organic nature refer to the purpose they meet, the matters they regulate, the fulfilment of the constitutional requirements, and the identification of the univocal purpose of the Congress to approve a norm of this nature. In the case analyzed, it was verified that those requirements were met, based on the following arguments:

With regard to the purpose, the Chamber determined that Law 617/00 has among its purposes to establish rules regarding the programming, elaboration, approval and execution of the budgets of the territorial entities. Thus, against the rules listed by the article 95 C. P., it is noted that its contents regulate the aforementioned cases. Thus, " [e] n general terms, Law 617 changed the legislative strategy to the programming, elaboration, approval and execution of the budgets of the territorial entities. Initially, the Organic Law of the Budget regulated the budgetary system of the national order and demanded that the territorial entities, by 31 December 1986 at the latest, adjust their organic budget rules to the rules laid down in the Organic Law of the Budget (L. 225 of 1995, Art. 32). In addition, it conditioned the territorial entities so that when issuing the organic rules of the budget they would take into account the provisions of this law, adapting them to the organization, constitutional norms and conditions of each territorial entity. He also ordered the territorial entities to apply the Organic Law of the Budget, in whatever case, while issuing their organic budget rules (L. 179 of 1994, art. 52). (...) When reviewing the organic provisions approved by the Act 617 2000 it is noted that they are related to the [48]

3.6.1. Article 1o of the bill provides three normative content, namely: (i) provides that the limit of expenditure provided for in Article 9or Law 617 of 2000 for the duration of 2001, will continue to be calculated on a permanent basis; (ii) notes that the audit fee to which the decentralized entities of the departmental order are obligated, will be added to the respective budgets of the respective departmental contralories; and (iii) previews that the rules This is the only formula for the calculation of the budget of the departmental comptroller.

The Room warns that the reference that the article objected to to an organic standard is proof that it could configure a modification to its content. This change is verified from reading the article 9or Act 617/00, the text of which is as follows, as read in the Official Journal 44,188 of October 9, 2000:

" Item 9or. Transition period to adjust the expenses of the departmental comptroller. A transitional period is established from the year 2001, for the departments whose expenditure in Contralories exceeds the limits laid down in the previous Articles in relation to the current income of free destination, of the next way:

YEAR

PARAGRAFO. The decentralized entities of the departmental order must pay a audit fee of up to two percent (0.2%), calculated on the amount of the revenue executed by the respective entity in the previous term, excluding the credit resources; the income from the sale of fixed assets; and the assets, investments and securitised income, as well as the product of the securitization processes.

In any case, during the transition period, the expenses of the Comptroller's Office, together with the transfers of the central and decentralized level, will not be able to grow in constant terms in relation to the previous year. As of 2005, the expenses of the Comptroller's Office will not be able to grow above the inflation target set by the Bank of the Republic. For these purposes, the departmental finance secretary or who will do his or her times, will establish the adjustments that the departmental central level and the decentralized entities will have to make in the percentages and quotas of the audit as set out in this Article. '

As it is simple to infer, the article 1o objecting introduces substantial modifications to the organic standard transcribed, at least in two distinct aspects. In the first place, it alters the calculation of the progressive reduction of the percentages of expenses in departmental contracts, for which it gives a vocation to remain in the amount of adjustment foreseen for the year 2001. In the second term, it defines that this formula will be the only applicable for the calculation of the budget of the departmental comptroller's, a forecast that entails the inapplicability of the normative contents provided by the article 9or Act 617/00 for the definition of that public expense.

3.6.2. To a different conclusion from the Chamber on the charge against Article 4 of the initiative. This forecast establishes that the departmental comptroller will spend at least two percent (2%) of its budget for the training of its officials and control subjects. A forecast of this nature would not be about subjects subject to the reserve of organic law in budgetary matters, as long as it does not fulfill some of the functions that were referred to in the legal base 3.5.1. of this sentence, nor sets out a general rule for the legal conformation of the income budget and the Appropriations Act. Rather, the object of the law is entirely specific and specific in nature, and is framed by the prima facie in the Congress ' competence to fix the expenses of the Administration (Art. 150-11 C. P.), which is distinct from the ability to stipulate general rules on budget matters, which does fall under the organic law reserve.

Additionally, there is no evidence that the standard objectionable, complements or modifies a provision of the LOP or the additions thereto contains Law 617/00 on the definition of the limits of the expenditure of the Territorial Contralories. Therefore, the Court has no different alternative than to declare the presidential objection against Article 4 of the draft law unfounded, in view of the non-existence of a reserve of organic law on regulated matters.

In this regard, the Chamber considers it important to note that, against the previous conclusion, it could be considered validly that the standard analyzed, while determining a minimum percentage to be used for the training of Officials and subjects monitored by the departmental comptroller s, actually set a parameter for the definition of the budget of these entities and, therefore, would make part of the organic legislation. In this respect, it should be reiterated that this provision of that nature does not constitute a general parameter for the programming, approval, modification and implementation of the budgets, but is a particular rule, which is limited to imposing a specific condition for the expenditure of a defined group of public institutions. In this sense, there is no evidence that the precept studied is part of the reserve of organic law, a hypothesis in which it is necessary to assume that the law integrates the competence of the ordinary legislator, according to the rule set on the basis 3.4.2. of this judgment.

3.6.3. Now, in the face of compliance with the constitutional requirements of the legislative process, especially the absolute majority of the article 151 C. Q. and in the face of the congressional procedure that preceded the enactment of article 1 or objected, the Court observes the following chronology regarding the vote obtained by the initiative in each of the stages of this procedure.

3.6.3.1 The Bill was voted in the first debate at the June 10, 2009 session of the Fourth Permanent Constitutional Committee of the Senate of the Republic, and article 1 was obtained, as expressed in the objections report. adopted by the Chambers, 13 votes in favour of the 15 members of the Commission; this is an absolute majority. Act No 19 of the said date is published in the Congress Gazette number 520 of August 17, 2010, the following is expressed:

" Madam President, Dr. Griselda Janeth Restrepo Gallego:

I then take into consideration the proposal submitted by the Subcommittee that met yesterday that modifies the text that the rapporteur will present with the report of the report. He announced that the discussion on this article will be opened.

Lord Secretary, Dr. Alfredo Rocha Rojas:

To see, Madam President. There are modifications-the coordinator of the subcommittee corrects me-to article 1o; it would be as follows:

Honorable Senator Carlos Cardenas Ortiz:

The project as it comes in the article, Article 2o would go to article 1o and has some modifications.

Lord Secretary, Dr. Alfredo Rocha Rojas:

Correct and would be as follows: Strengthening fiscal control. The departmental, municipal and district contralories will have autonomy for the management and administration of their budget, the budgets of the territorial contralories except the District Comptroller of Bogota will be calculated and will grow on the basis of the projected revenue streams for each territorial entity audited in the percentages described below. Next comes the description of those percentages with the article, later says: Paragraph. The control fees corresponding to the two percent point by the departmental decentralized entities, to the point four percent by the decentralized entities of municipal and county order will be added to the budgets of the corresponding territorial comptroller. Entiendase is the only formula for the calculation of the budget of the territorial comptroller.

The modification of Article 2o, which would become Article 1o, is read.

Madam President, Dr. Griselda Janeth Restrepo Gallego:

I submit to the Commission discussion the amendment submitted by the sub-committee in Article 1. It announced that it will be closed. It is dined. Does the Commission approve it?

Lord Secretary, Dr. Alfredo Rocha Rojas:

I approve, Madam President. "_[49]

3.6.3.2. The bill was approved by the Senate Plenary in session on June 19, 2009, with a vote of 98 Senators out of the 102 that make up the legislative corporation. presidential. From this fact, the Congress Gazette number 774 of 2009, content of Act No 64 of June 19 of the same year, in the following terms.

" Bill No. 206 of 2008 Senate, by means of which is strengthened to the exercise of fiscal control

The Presidency tells the Secretariat to read the proposal with which the report ends.

By the Secretariat, the positive proposal with which the report ends is read.

The Presidency submits to the Plenary the proposal read and, closed its discussion, it gives its approval.

Second debate opens

The Presidency asks the Plenary if it accepts the omission of the reading of the article and, closed its discussion, it responds in the affirmative.

The Presidency submits to the Plenary the article of the draft, and closed its discussion, asks: Does the proposed articulated plenary adopt the Plenary Assembly? And it responds in the affirmative. "

The Presidency tells the Secretariat to read the title of the project.

By Secretariat is read to the title of Bill No. 206 of 2008 Senate, by means of which the exercise of the fiscal control is strengthened.

Read this, the Presidency submits it to the Plenary, and closed its discussion question: Do the members of the Corporation approve the title read? And they give it their approval.

Meeting the constitutional, legal and regulatory procedures, the Presidency asks:

Do the Senators present that the bill passed is going through the honorable House of Representatives? And these respond in the affirmative. "_[50]

It should be noted that the bill's roll call requirement was not due during the debates in the Fourth and the Senate Plenary, since that condition is only predicable from the entry into Legislative Act 10 of July 14, 2009. Therefore, the ordinary vote was sufficient for the case, provided that the absolute majority required was met, which actually happened.

3.6.3.3. The bill was approved in the third debate by the Fourth Permanent Constitutional Committee of the House of Representatives in session on August 18, 2009, for which it obtained 15 favorable votes from the 27 members of the Legislative Cell, so he achieved absolute majority. In this regard, in the Congress Gazette 1204 of November 26, 2009, in which Act No 51 of August 18 of the same year was published, the following reads:

" President, honorable Representatives Jorge Alberto Garciaherreros Cabrera:

In consideration of the proposition with which the report of the paper of the Bill number 383 of 2009 House, 206 of 2008 Senate ends. Their discussion opens. It continues their discussion. He announced that the discussion will be closed. The discussion is closed.

Do the honourable Member Representative of the Fourth Permanent Constitutional Commission approve the proposal with which the report of the presentation of the Bill No. 383 of 2009 House, 206 of 2008 Senate, ends?

Lord Secretary, please call list.

Secretary:

With great pleasure, Mr. President.

The report of the paper of the 2009 House of Law No 383, 206 of 2008, is an affirmative vote.

(...)

The article of the 2009 House of Law No. 383, 206 of 2008, has been approved, Mr. President.

President, Honourable Rep. Jorge Alberto Garciaherreros Cabrera:

Mr. Secretary, please read the title Bill of Law No. 383 of 2009 Chamber, 206 of 2008.

Secretary:

With great pleasure, Mr. President:

Bill number 383 of 2009 House, 206 of 2008 Senate, by means of which is strengthened to the exercise of Fiscal Control

" The Presidency instructs the Secretariat to continue with the next Conciliation Report. Bill No. 206 of 2008 Senate, 383 of 2009 House, by means of which is strengthened to the exercise of fiscal control

The Presidency grants the use of the word to the honorable Senator Antonio of the Christ War of the Espriella.

Words of the honorable Senator Antonio of the Christ War of the Espriella.

With the coming of the Presidency, the honorable Senator Antonio of the Christ War of the Espriella makes use of the word:

President, thank you. It is simply because some colleagues are asking us to refresh the memory, the exact content of this project, if any of the Ponents or Councils can comment on us and what the Objection or the Conciliation Report consists of, for have greater clarity on the subject.

With the coming of the Presidency and the Orador, the honorable Senator Carlos Cardenas Ortiz interpees:

Thank you, President. In fact, what we are reconciling here is the text of this project that seeks to strengthen the Fiscal Control of the departmental, district and municipal comptroller. with the audit fees.

In turn, the article encourages all that has to do with the training so that the budget of the same Territorial Comptroller's, a percentage is designated for the training of the officials Control of these Territorial Entities.

There is a new article that is included within the Conciliation, which is excepted from these Rules related to or would not apply to the District Comptroller of Bogotá.

On the other hand, it also serves much for the finances of the Territorial Comptroller's Office, because it is clear that everything that has to do with convictions or payments of reconciliations, indemnities, this is done with a budget of the departments and municipalities that have comptroller's and that does not affect the operating expenses of the respective Territorial Comptroller's.

I repeat, it is simply a clarification in the calculation that is made for the control of the Control Subjects by these Territorial Control Entities. Thank you, President.

Read and closed the discussion of the Report, the Presidency submits to the plenary the Report of Conciliation to the Bill number 206 of 2008 Senate, 383 of 2009 Chamber and in accordance with the Legislative Act 01 2009 opens the vote and tells the Secretariat to open the electronic register to proceed to the roll call vote.

The Presidency closes the vote and tells the Secretariat to close the electronic register and report the result.

By Secretariat the following result is reported:

By Yes: 61

By no: 3

Total: 64 Votes "_[53]

3.6.3.6. As regards the approval of the conciliation report in the House of Representatives, it was held in the session of December 10, 2009, whose Minutes No 225 was published in the Gazette of the Congress. number 66 of 19 March 2010. The vote on the report was brought forward as follows, as can be seen from the reading of the Minutes.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Continue, Mr. Secretary.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

Next item of the Order of the Day, is the act of conciliation to the bill, through which the exercise of fiscal control is strengthened.

The reconciliation report says: A reconciliation report, at the time of the meeting, the members of the Conciliation Committee, Senators and Representatives, and once the texts have been analyzed in detail, we have agreed unanimously to accept the text approved by the honourable House of Representatives. We therefore propose that the text of the text be reproduced below, in accordance with our report and thus be approved. Firman: Carlos Alberto Zuluaga, Oscar Marin, Carlos Cardenas, Ubeimar Delgado.

The report has been read. You can submit the reconciliation report for approval to the Plenary.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

In consideration of the read reconciliation report. It opens its discussion, announced that it will be closed, closed. Mr Secretary, please open the register.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

The record is opened. Voting If the conciliation report is approved, voting No, it is denied.

Violet Child, Vote Yes. German Male, vote Yes. Lidio Garcia votes Yes.

Assistant Secretary General, Dr. Flor Marina Daza Ramirez:

Oscar Arboleda, Vote Yes.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Senators, we are on the ballot. If this pace of voting is maintained, we are going to be forced to sign up.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

Julian Silva, vote No.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Senators, we are on the ballot. We will order to close the record. Those who have not voted, please do so immediately.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

Lidio Garcia, Vote Yes. Pedro Muvdi, Vote Yes.

A reconciliation act is being voted on the fiscal control bill, welcoming the text approved by the House of Representatives.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Senators, we are on the ballot. Please, those who have not voted, please do so immediately.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

Vote Yes, Dr. Carlos Avila.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Representatives, four votes are missing for this initiative not to sink.

We are voting on the issue of Fiscal Control.

Rep. Juan Cordoba Votes Yes.

German Hoyos Votes Yes.

Mr. Secretary, please close the register and report the result of the vote.

Secretary General, Dr. Jesus Alfonso Rodriguez C.:

Yes, President. For Yes 84. By No 2. It has been approved by the majorities required in the Political Constitution and in the law the conciliation report read, Mr. President.

House of Representatives

Republic of Colombia

RCS No 3352 10-12-09

Assistants: 131 1:11:20 p.m.

INFO. CONCI.

DIC. 10/2009

RECONCILIATION REPORT TO P. L. 383 OF 2009 HOUSE,

206 2008 SENT

Simple majority type (66) (sic)

Yes: 75

Casabianca P. Jorge

Besaile Fayad Musa

Camelo Ramos Jose J.

Giraldo Jorge Homer

Baron Liliana Baron

Hurtado Perez Oscar

Joaqui Gema Lopez

Morales Gil Jorge I.

Osorio B. Hector

Patino A. Diego

Rondon G. Gilberto

Piedrahita C. Carlos

Rivera F. Guillermo

Santos M. Guillermo

Suarez Florez Mario

Galves M. Carlos A.

Valencia M. Juan

Vanegas Queruz Luis

Gaviria Munoz Simon

Dussan Lopez Luis E.

Javela M. Ignacio A.

Stolen Hemel Angle

Gomez Roman Edgar A.

Londono S. Cesar H.

Alfez T. Alvaro

Lizcano A. Oscar M.

Mota and M. Karime

Perez Alvarado Jorge

Posada S. Augusto

Viana G. German

Rapag Matar Fuad E.

Restrepo C. Jaime

Restrepo Orozco Luis

Ricardo Amanda

Rodriguez R. Roosvelt

Moses Louis E. Rooms

Aldana V. Ismael of

Serrano M. Luis

Soto J. Carlos

Vives H. Manuel J.

Yepes M. Jaime A.

Zambrano E. Berner L.

Pacheco A. Alvaro

de La Peña Fernando

Rodriguez Constantino

Velez Mesa William

Chagres S. Hernando

Barrios B. Luis F.

Bermudez José Ignacio

Hernandez E. Juan M.

Aguirre R. Pedro

Pacheco C. Tarquino

Serna Efren Palace

Ch. Basin Carlos A.

Bravo Realpe Oscar

Gallardo A. Julio

Trujillo R. Pedro P.

Jorge Garciaherros

Gonzalez O. Jorge

The Orlando Rose War

Ibarra Obando Luis J.

Jimenez S. Pedro

Mantilla S. Jorge

Naranjo E. Diego

Negrete Florez Jose

Paredes A. Myriam

Diaz Gustavo Bridges

Rodriguez P. Ciro

Zuluaga Diaz Carlos

Diaz Ortiz Gloria E.

Galvis Romero Miguel

Segura River River

Obando Ordonez Pedro

Polanco J. Orsinia

Reyes Forero German

No: 1

Montoya Toro Orlando

Absgot: 0

Excussed: 0

MANUAL RECORD FOR VOTES

INFO. CONCI.

TOPIC TO VOTE: RECONCILIATION REPORT TO PL. 383, 2009 HOUSE,

206 2008 SENT

PLENARY SESSION: THURSDAY 10 DECEMBER 2009

Yes:

Child Morales Maria Violeta

Marin Marin Oscar de Jesus

Varon Cotrino German

Garcia Turbay Lidio Arturo

Arboleda Palacio Oscar Alberto

Avila Duran Carlos Enrique

Muvdi Aranguena Pedro Mary

Cordoba Suarez Juan de Jesus

Hoyos Giraldo German Dario

No

Silva Meche Jorge Julian.

Address of the Session by the Presidency, Dr. Edgar Alfonso Gomez Roman:

Let's continue with the order of the day, Mr. Secretary "_[54].

From the above it is concluded that the reconciliation report counted, as reported by the Secretary General of the Chamber to the board of directors during the session, with 84 favorable votes of the 166 representatives that make up the corporation legislative, that is, as an absolute majority. It should be clarified that this number of votes is obtained from adding the vote obtained by the electronic mechanism provided in the plenary, which corresponded to 75 favorable votes and an unfavorable one, to the votes expressed Manually, equivalent to 9 favorable suffrages and an unfavorable one. Therefore, the total number of votes obtained by the conciliation report was 84 in favor and two against, thus fulfilling the absolute majority requirement of the article 151 C.P. for the case of Organic Law projects.

3.6.3.7. The Court, based on the probative analysis carried out, deviates from the considerations made by the presidential objection and the Public Ministry, in the sense that the bill did not obtain the absolute majority required for the organic laws. On the contrary, each of the stages of the legislative process was studied, and it was found that the majority was present in all the votes. For the particular case of the approval of the report of the accidental commission of conciliation by the House of Representatives, the Chamber finds that the factual basis of the position assumed by the Attorney General, could originate in the incomplete reading of the vote, which only took into account the electronic register, but not the votes expressed through the manual mechanism.

Now, from the passage of the bill, it can also be verified that the intention of the Congress was to approve a standard of organic nature, reform of the provisions of the LOP, verification that added to the content of the law regulated and compliance with the absolute majority prescribed by the article 151 C.P., demonstrates the particular legal nature of the standard analyzed. On the conviction of the chambers about this condition, the considerations made in the first debate in the Fourth Committee of the Senate, and during the fourth debate before the House of Representatives, are illustrative. In the first case, one of the representatives put forward that the proposed regulation incorporated amendments to the organic rules on the budget provided for in Law 617 of 2000, and therefore requested that the board of directors verify that the It was approved by the majority required by the Constitution, which was actually carried out. On the particular, in the Congress Gazette 520 of 2010, it is expressed:

" Honorable Senator Charles Schultz Navarro:

Honorable Senator, I cedo to your request, I think it is relevant and I am totally ready to contribute and to improve the wording of this article and to be able to create a rule that we really guarantee that we are contributing not only to strengthen fiscal control, but to look at the whole process of transparency around the Comptroller's Office.

Honorable Senator Luis Fernando Duque Garcia:

Thousand thanks, Senator Schultz. It would then be, Madam President, that a kind of sub-committee feels, here we have worked on that to review the presentation for a second debate and to give it the whole explanation and the term; and it is, if in the background, the assessment that I have: article 95 of Law 617, there is a legal exception that says "They are constituted as organic norms", eye with this, because Law 617 is an ordinary law, of ordinary procedure, but includes in the article 95 organic rules that require at least the qualified majority constances and says that the organic rules are the items 3or, 4or, 5or, 6or, 7or, 8or, 9or and 10 and here we are touching articles 8o, 9o, 10, for the purposes of not going to vitiate the project unconstitutionality.

I suggest to you then, Madam President, that it be made clear that this Bill has been approved in its content, in its articles, with the qualified majority of the Commission; with this we shall then obviate any procedure of unconstitutionality that may be processed. Thank you very much, Madam President.

Madam President, Dr. Griselda Janeth Restrepo Gallego:

I fully agree with you, Dr. Luis Fernando, and we leave it on the record that this project since its inception has had the approval of the qualified majority in the Commission. Follow? Ah, well.

Lord Secretary, Dr. Alfredo Rocha Rojas:

That's right, Madam President. As you say it is correct, this project has been voted with the necessary majority for such a situation, certified by the Secretariat. "_[55

For the case of the Chamber's plenary, several congressmen expressed their objections to the bill, among other reasons because they argued that even though it was a reform of the organic rules incorporated into the LOP by the Law 617 2000, this was not a legislation of the same nature. In the face of this question, Representative Oscar Marin explained to the plenary that the project had indeed been dealt with in accordance with the requirements of the organic laws, so its constitutionality was not affected by this aspect. On the subject, the minutes of the session see the following:

" Address of the Presidency, Dr. Edgar Gomez:

Thank you Dr. Venus Albeiro. You follow with the use of the word Representative Oscar Marin to explain this initiative.

Intervention by Honourable Representative Dr. Oscar Marin:

Thank you very much President. First of all, I would like to refer to the explanations or arguments given by Dr. Orlando Montoya.

(...)

I would leave there Mr. President so that we can continue. -Ah! well there is another theme. For peace of mind of the colleagues in the Chamber of the Chamber, the theme of the Organic Law. Claro Dr. Julian and Dr. Orlando, which this project has dealt with Organic Law.

In the Senate of the Republic, it had a qualified vote as required by the Organic Law. In the Fourth Chamber of the House Committee was voted unanimously, by 15 Representatives to the House of 27 that we constituted, that is, there is a quorum, there is qualified voting. And in the explanatory statement, we are clearly talking about the reform of the Law 617 , which is why it is a Project of Organic Law, and it also left the clarity to the Plenary that for We need to be able to approve this project today, we need qualified voting, and I would therefore ask all colleagues to accompany us very judiciously in this vote. Well, Mr. President. "_[56]

In line with the above, at the time of approving the proposal with which the report was finalized, which asked the plenary to give a second debate on the initiative, the Secretary General of the House warned that the majority to be achieved was absolute in nature, since it was a standard of organicnature. 57 Furthermore, when the proposed amendment to Article 1 of the draft law was adopted, the same majority was given, as was the case to be explained in precedence.

3.6.4. In accordance with the above arguments, the Chamber concludes that the approval of Article 1 of the draft law complied with the requirements of the Constitution for organic laws. Therefore, the presidential objection raised for this reason is unfounded and will thus be declared in the resolutive part of this judgment.

DECISION:

In merit to the above considerations, the Constitutional Court, administering justice on behalf of the People and by mandate of the Constitution,

RESOLVES:

First. To declare UNFOUNDED the governmental objections made to Bill No. 206 of 2008 Senate-383 of 2009 Chamber, "by means of which the exercise of the fiscal control is strengthened".

Second. As a consequence of the above and exclusively with respect to the objection formulated by the National Government, declare EXEQUABLE the Bill of Law number 206 of 2008 Senate, 383 of 2009 Chamber, by means of which the exercise of fiscal control

Third. Be compliant with the article 167 of the Political Constitution.

Copy, notify, communicate to the President of the Republic and the President of the Congress, insert yourself in the Constitutional Court Gazette, comply and file the file.

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

The General Secretariat

MARTHA VICTORIA SACHICA MENDEZ

_C-701/10

* * *

Presidency grants the use of the word to the honorable Senator Carlos Cárdenas Ortiz. the coming of the Presidency, the honorable Senator Carlos Cardenas Ortiz is using the word: you President, to the Senate colleagues, to tell you that we need the support of this project that we have been advocating, that It has to do with an issue related to the strengthening of the Territorial Comptroller's Office, one of the important objections that the bill has about the fact that the required vote for this class of rules was not met. And here in the report we have made it clear how the vote that this kind of project requires, and what was agreed to that orders the Rules of Procedure and the Law, Gazette of the Congress, or better said vote, pardon, that is very clear and correct in the Gazette of Congress 858 of 2008, in the 178 of 2009, in the 529 of 2009, and in the 725 where it consists as was the vote in the different committees in the Plenary and that it proves that this Project complied with the vote required. Another of the objections has to do with something related and the object itself of the project that is precisely to give it permanence to something It is already being done since the year, since when the ceiling of the expenses for the Territorial Entities and for the Comptroller's have been created. The Presidency closes the vote and tells the Secretariat to close the register and report the outcome of the vote. The Secretariat notes that for this bill they presented impediments, which were denied, the following Representatives: The Presidential Objections Report to Bill No. 206 of 2008 Senate, 383 of 2009 House, by which I know strengthens the exercise of fiscal control. President, the report of objections to the Bill of Law No. 206 of 2008 Senate, 383 of 2009 House, has been approved, by This means that the exercise of fiscal control is strengthened. Secretariat notes that these objections were approved with the quorum required by the Constitution and the law. " " Now, within the case of the case law that has known the figure of the constitutionality block in Colombia, in a first failure, proffered as a result of a claim of unconstitutionality directed against certain articles of the Law 397 of 1997, " develop the items 70, 71 and 72 and other concordant articles of the Political Constitution and rules on cultural heritage, foments, and stimuli to culture, the Ministry of Culture is created and " The constitutionality block would be composed of all those norms, of different hierarchy, that serve as a parameter to carry out the control of the constitutionality of the legislation. According to this acceptance, the constitutionality block would be shaped not only by the articles of the Constitution but, among others, by the international treaties that the article deals with href="policy_constitution_1991_pr002.html#93">93 of the Letter, by the organic laws, and sometimes by statutory laws. "

1	Information described in the presidential objections report, which accounts for of the legislative process of the bill.  Cfr. Folios 13 to 19 of the main file 1.
2	Cfr. Folios 194-196 of the main file 1.
3	Cfr. Folio 170 of the main file 1.
4	Cfr. Folios 121 to 126 of the main file 1.
5	Cfr. Folio 150 of the main file 1.
6	Cfr. Folio 149 of the main case 1.
7	Cfr. Folios 106 to 110 of the main case 1.
8	Cfr. Folio 103 of the main file 1.
9	Cfr. Folios 69-74 of the main case 1.
10	Cfr. Folio 37 of the main case 1.
11	Cfr. Folios 26 and 31 of the main case 1.
12	Cfr. Folio 23 of the main case 1.
13	Cfr. Folios 20-22 of the main case.
14	Cfr. Folios 1 and 11 of the main file 1.
15	Cfr. Constitutional Court. C-510statements/96, C-063/02 and C-068/04.
16	Cfr. Folios 61 (reverse) 64 of the test notebook 2.
17	Cfr. Folio 11 of the main case 1.
18	Cfr. Folio 105 (reverse), test notebook 2.
19	Ibidem. Pag. 68.
20	In this regard, in the mentioned Gazette, which works from 27 to 29 of the test notebook 2, reads the following:
" The Presidency tells the Secretariat to continue with the next Report of Objections, which was read and closed its discussion.
No. 206 of 2008 Senate, 383 of 2009 House, by means of which the exercise of fiscal control is strengthened.
words of the honorable Senator Carlos Cardenas Ortiz.
Known as the Law 617 of 2000, which you want this It is precisely to give it that permanence in reason of the transience that has occurred over the years applying the way they are transferred or how the Territorial Counterparts of the Budget participate.
Another of the objections had to do with a term that was given in the articulated for the transfer or the transfer of the spins of the Territorial Entity to the Comptroller.
And we have therefore presented the project as a result of these presidential objections and to ask for it to be approved as was approved here by the Congress of the Republic and its Commissions in the Plenaries, thank you President.
(...)
Read and closed the discussion of the report in which the objections presented to Bill 206 of the 2008 Senate, 383 of 2009 Chamber, the Presidency submits it to the plenary and, in accordance with the Legislative Act 01 of 2009, opens the vote and indicates to the Secretariat open the electronic record for proceed to the roll-call vote.
		By Secretariat the following result is reported:
		By Yes: 55
		By no: 02
		Total: 57 Votes "
21	Cfr. Folios 19-22 of test notebook 3.
22	Cfr. Folio 2 of the test notebook 3.
23	Cfr. Sheet 29 of the Test notebook 4.
24	About the particular, in the cited Gazeta, whose relevant section works from 23 to 24 of the Test notebook 4, the following is checked:
" Address of the session by the Presidency, Dr. James Britto Pelaez:
Next item on the agenda, Madam Secretary.
Assistant Secretary General, Dr. Flor Marina Daza Ramirez:
Third. Report of Presidential Objections to Bill No. 383 of 2009 House, 206 of 2008 Senate, by means of which the exercise of the fiscal control is strengthened.
		Rosmery Martinez
Hernando Betancourt Hurtado
Fernando Motoa Solarte
Zaida Marina Yaneth Lindarte
Javier Osorio Botello
		Pedro Maria Ramirez Ramirez
		Pedrito Tomas Pereira
		Fernando Vanegas Querus
Ramiro Devia.
(...)
President, the report on Presidential objections has been read. Please put these objections to consideration.
of the session by the Presidency, Dr. James Britto Pelaez:
		In consideration of the Presidential objections report. The discussion opens. He continues the discussion. Warning to be closed. It closes. Please, Madam Secretary, open the register.
Assistant Secretary General, Dr. Flor Marina Daza Ramirez:
, President. The registration is opened to vote on the Presidential objections to the Bill number 206 of 2008 Senate, 383 of 2009 House, by means of which the exercise of the fiscal control is strengthened.
(...)
Assistant Secretary General, Dr. Flor Marina Daza Ramirez:
Mr President, the record is closed with the following vote: Yes, 86. For the No, 3.
25	Cfr. Congress Gazette 858/08, page 3.
26	The comprehensive synthesis of this precedent is found in the statement C-1052/01 (M.P. Manuel José Cepeda Espinosa) For the case of this decision, the exposure made by decision C-370/06 (M.P. Manuel José Cepeda Espinosa et al.)
27	These are the defects to which you referred to the case law of the Court when it pointed to the ineptitude of a claim of unconstitutionality, because of inadequate presentation of the concept of rape. Cfr. cars 097 of 2001 (M. P. Marco Gerardo Monroy Cabra) and 244 of 2001 (M.P. Jaime Córdoba Triviño) and the C-281 sentences of 1994 (M. P. José Gregorio Hernández Galindo), C-519 1998 (M. P. Vladimiro Naranjo Mesa), C-013 2000 (M. P. Alvaro Tafur Galvis), C-380 2000 (M. P. Vladimiro Naranjo Mesa), C-177 of 2001 (M.P. Fabio Moron Diaz), among several pronouncements.
28	Cfr. Constitutional Court Judgment C-447 of 1997 M. P. Alejandro Martínez Caballero. The Court finds itself inhibited to give a substantive ruling on the constitutionality of the first article 11 of Decree Law 1228 of 1995, on demand materially inept, due to absence of charge.
29	Cfr. Constitutional Court, C-1052 statement/01. Legal basis 3.4.2.
30	Ibidem.
31	Ibidem.
32	Issues of this nature can evidence in C-662/09 (M. P. Luis Ernesto Vargas Silva).
33	While listing decisions about the material is extensive, representative arguments of the debate can be found in the Sentences C-432/00 (M. P. Alfredo Beltran Sierra), C-540// 01 (M. P. Jaime Córdoba Trivino), C-579/01 (M. P. Eduardo Montealegre Lynett), C-1175/01 (M. P. Manuel José Cepeda Espinosa), C-399/03 (M. P. Clara Ines Vargas Hernandez), C-1042/07 (M. P. Humberto Antonio Sierra Porto) and C-557/09 (M. P. Luis Ernesto Vargas Silva).
34	About this enumeration, Cfr. Constitutional Court, Judgment C-579/01.
35	Cfr. Constitutional Court, C-1042/07.
36	Cfr. Constitutional Court, Judgment C-337/93 (M. P. Vladimiro Naranjo Mesa).
37	Cfr. Statement C-1042/07.
38	The absence of identity between rule However, it is not incompatible with the possibility, contemplated in the case-law, that the ordinary laws are integrated into the block of constitutionality in the sense, in the understanding that serves as a parameter for the judicial control of ordinary laws. The jurisprudential evolution on the particular is explained in the C-statement1042/07, as follows:
More recently, the Court in Statement C-985 2006, with occasion of the examination of some of presidential objections raised against Bill 144/05 Senate, 194/04 House, " by means of which the Nation pays homage to the Municipality of Andalusia in its 121 years of being created legally as a territorial entity of the Department of the Valley "He reiterated his position in the sense that the organic laws make up the bloc of constitutionality lato sensu, which means that these are" parameters for determining the constitutional value of the provisions submitted to control "."
39	Cfr. C statement-337/93.
40	Cfr. C statement-1042/07.
41	C statement-432 of 2000, M. P. Alfredo Beltrán Sierra. On the resolution of the doubt in favor of the ordinary legislator see also the Judgment C-894 of 199, M. P. Eduardo Cifuentes Muñoz.
42	Cfr. Constitutional Court, C-statement540/01.
43	Cfr. Statement C-1042/07.
44	About these requirements, Cfr. C-540statement/01.
45	Cfr. Constitutional Court, C-600A/95 (M. P. Alejandro Martinez Caballero).
46	C statement- 1645/00 M. P. Carlos Gaviria Diaz. In the same sense, see, among others, the Sentences C-442/01 and C-177/02 M. P. Marco Gerardo Monroy Cabra; C- 1064/01 M. P. Manuel José Cepeda Espinosa and Jaime Córdoba Trivino; C-1065/01 M. P. Alfredo Beltrán Sierra.
47	Cfr. Constitutional Court, Judgment C-935/04 (M. P. Alvaro Tafur Galvis).
48	Cfr. Constitutional Court, Judgment-540/01 (M. P. Jaime Córdoba Trivino).
49	Cfr. Congress 520/10, page 42.
50	Cfr. Congress 774/09, page 78.
51	Cfr. Congress 1204/09, page 8-9.
52	Cfr. Congress 31/10, page 63-68.
53	Cfr. Congress Gazette 26/10, page 47-48.
54	Cfr. Congressional Gazette 66/10, pages 37-38.
55	Cfr. Congressional Gazette 520/10, page 44.
56	Cfr. Congressional Gazette 31/10, pages 54-55.
57	About the particular, on page 61 of the Gazette Congress 31/10, read the following:
		" Address of the Presidency, Dr. Edgar Gomez:
In consideration of the Report of the Ponencia, its discussion is opened, it announced that it will be closed, it is closed, Mr. Secretary open the register.
Dr. Jesus Alfonso Rodriguez Camargo, reports:
the record to vote. Voting yes, the report is approved. Voting no, he refuses.
		Intervention by Honourable Representative Oscar Marin:
Marin, vote yes, and ask the honourable Plenary of the House to vote yes.
Dr. Jesus Alfonso Rodriguez Camargo, reports:
Oscar Marin, Vote: Yes.
Constantino Rodriguez, vote: Yes.
This vote is done within the framework of the processing of an organic law, therefore its approval requires the majority absolute." (non-original Subrays).