Speakers of members of the Farc in the Congress

  C-408//17.

The Constitutional Court effectuated the automatic and unique constitutional control of the Law No. 1830 of 2017 “by means of which it’s added a transitory article to the Law No. 5 of 1992” which was issued by virtue of the special procedure for peace contemplated in the 1^st article of the Legislative Act No. 1 of 2016.

The analyzed norms determined that the political aggrupation of citizens for the promotion of the creation of the future political party or movement that will result from the transit of the FARC-EP to the political legal life could designate three speakers in each one of the chambers of the Congress, in order to participate in the debate of the projects of constitutional and legal reforms that will be issued in exercise of the legislative procedure for peace contemplated in the 1^st article of the Legislative Act No. 1 of 2016. It also establishes that the president of the “Mesa Nacional Efectiva de las Victimas” has to be invited to all sessions in which those projects are debated.

In order to bring forward its analysis, the Tribunal used the following methodology: in the first section of the sentence, it made a description of the procedure that preceded the expedition of the Law. After concluding that the procedure was valid, in the second section of the sentence unfolded the substantive study of the articles of the norm. Then the Court analyzed the effects of the right to participate within the frame of the processes of transitional justice and its exercise by ex-combatants and their political representatives. After this study, the Court declared the constitutionality of the examined dispositions.