Diseño institucional de la potestad disciplinaria en servidores públicos elegidos por voto popular en Argentina, Chile y Colombia

Abstract

The American Convention on Human Rights establishes that the limitation of political rights of public servants elected by popular vote must be made by a competent judge within a criminal proceeding. In view of this situation, the Inter-American Court of Human Rights in the case of the Mayor of Bogota ordered the adaptation of domestic legislation, considering that an administrative authority cannot restrict the political rights of this type of public servant. In Colombia, in order to comply with the obligation of adaptation, a legislative reform was carried out that essentially created a jurisdictional function for the Office of the Attorney General of the Nation, an entity in charge of exercising disciplinary powers over public servants elected by popular vote, in the hope of complying with the Convention. However, under a comparative analysis it was possible to establish the particularity in Colombia of the competence granted to the control body and the need for an institutional design in accordance with international obligations, seeking that the sanctioning power be granted to judges who enjoy greater independence and autonomy