Análisis constitucional del procedimiento legislativo especial para la paz o fast track

Abstract

After more than six decades of armed conflict, the Colombian government decided to set up a dialogue table with the FARC-EP group in Havana, Cuba, after various obstacles and a war that left more victims in the country. It is possible to reach the final agreement that was established through a treaty between the two parties to the conflict the constitutional government of the Colombian state and the oldest guerrilla in the world. However, this unprecedented achievement for our country was subject to the approval of President Juan Manuel Santos, who in a political decision decided to endorse the agreements through a plebiscite for all citizens in general, a decision that had a political cost very high to be defeated in ballot boxes the initiative of the government to manifest itself in millions of people in a very divided decision that agreed in Havana, Cuba did not satisfy the interests of the voters. Which led to the political decision of the executive to invoke the legal mechanism that had previously been created for the implementation of the agreements the "fast track", an instrument that allowed in short times to give approval of what was agreed between the government and the belligerent group; instrument that had to be object of constitutional control and that triggered the creation of a legislature that today generates criticisms and defenses.