El Consejo Nacional Electoral

autonomía e independencia en el ordenamiento jurídico colombiano

Abstract

true democratic design in any Social State of right that is founded and inspired on this form of government, is not exhausted only the configuration of an electoral process of access to the management of the authorities of the State but which opened the doors for the members of the population have a direct and indirect interference on public affairs, for this reason it is important to the existence of mechanisms for citizen participation intended for sustaining this postulate and constitutional principles and in the same way it is important and necessary the existence of administrative authorities intended to exercise surveillance, inspection and control on democratic processes. In the Colombian legal system this function is executed by the National Electoral Council which has as its purpose the defense of these democratic interests however the Political Charter emphasizes a defect with regard to the impartiality, since the process by which are elected magistrates of the CNE does not guarantee transparency conditions, generating a collapse of democracy as the recipients of the discipline exercised by this entity are the same responsible for electing the members of the same, then deducting honesty to these democratic processes