2023-05-14 04:49:15
The lack of consensus for its approval is not the only obstacle facing the controversial health reform. Since before it was filed, both experts and congressmen have warned about irregularities in the process that could vitiate this initiative and not pass before a possible review of the Constitutional Court.
(You can see: The slow pace of health reform: after 9 hours only 3 articles were approved)
The first possible processing defect is its ordinary nature. Experts agree to ensure that when touching the fundamental right to health it must be processed as a statutory law, which implies a deeper debate and that it be done in the first commissions. However, the Government assured, to get out of this debate, that any article of a statutory nature would be sunk. However, the risk is latent.
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“If there is a very serious, incorrigible defect, it is if the entire project is finally considered to be statutory,” explained the jurist and former magistrate of the Constitutional Court Aquiles Arrieta.
But regardless of whether it is statutory or not, from Congress have warned of procedural defects during the debates and they accuse Agmeth Escaf of committing these irregularities that can vitiate the process.
(Also: ‘Exit from Corcho opened doors to negotiate’: Dilian Francisca Toro)
One of the representatives who has denounced the situation the most is Andrés Forero, from the Democratic Center, who warns that there are possible procedural flaws by not making a prior consultation, questions the amendment that was made to the initial presentation and talks about lack of guarantees when discussing. “We, as the opposition, are going to raise this with the Constitutional Court, which has already referred to these issues in the past.”
It also indicates that when voting began a couple of weeks ago, Escaf abruptly suspended voting when it realized that there was no quorum, something that it considers irregular.
Regarding the amendment, he points out that 57 articles were missing out of the 139 in the initial paper. “Article 4 does not appear in the amendment and one goes to the presentation and that article was turned into 7. So there is a serious problem there, because there is no clarity about what we are discussing.”
But can this knock down the reform if the Court reviews it? Arrieta clarifies that there are irregularities and vices. Regarding irregularities, he explained that making an appointment at 8 am and starting to discuss at 10 am – as happened on Thursday – can be one. “There are actions that do not adhere to the regulations, but that does not imply that they are acts that affect the will of Parliament.”
Regarding vices, he argues that these are those “that affect in a real and substantive way the process of deliberation and discussion. What prevents deliberation and affects the will of Congress and what prevents them from deciding”. For example, such as when congressmen go to vote and there is no clarity about what is being voted for due to a lack of illustration.
But the analyst warns that there is time to correct the vices that have already been committed, since there are some that can be corrected. If there are any in the amendment, this situation can still be fixed. “It is the moment to look at vices and fish for them knowing that some can correct them,” he explained.
MATTHEW GARCIA
Policy
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