Examinando por Materia "Mechanisms of civil participation"

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    Revocatoria de mandato : el Marinero vs El Leviathan : los problemas jurídicos del mecanismo de participación ciudadana denominado Revocatoria de Mandato
    (Universidad EAFIT, 2023) Toledo Ospina, David; Segura Camacho, Carolina
    The mechanisms of civil participation are a new evolution of democracy, this type of mechanisms, seeks the empower of citizens in the fundamental decisions of their society. Since the implementation of the 1991 Constitution, Colombia has introduced several civil participation mechanisms, some of which have had great legislative and judicial development. For its part, the recall of mandate is one of the few mechanisms of civil participation that has legal gaps, which prevent its proper functioning. Therefore, the main objective of this work is to identify the main legal obstacles found in the process of recalling the mandate of mayors and governors. This research was carried out based on our own experience and that of several recall committees in the current term of office 2020 -2023. As a result of this work we identified legal gaps and procedural problems in each of the stages of the recall mechanism, in this exercise it was found that the main problem of this mechanism is the lack of competence and legal basis that the “Consejo Nacional Elecoral” has at the time of verifying the financial statements of the movements promoting the mechanism. Thanks to this, a bill was filed through the representative to the chamber, Hernán Cadavid, with the purpose of solving the problems of this participation mechanism.