Límites a la discrecionalidad del nominador en la declaratoria de insubsistencia de los funcionarios que ocupan cargos de libre nombramiento y remoción que gozan del fuero de prepensionados.

Abstract

Reinforced job stability aims to ensure continued employment for certain workers in vulnerable conditions, such as those protected by the pre-pension safeguard. However, this protection plays out differently for public officials in positions of free appointment and removal, since their roles allow the appointing authority broad discretion over their tenure. This paper explores the limits of that discretion in the context of reinforced job stability for public servants who, despite being freely appointed and removable, qualify for protection under the pre-pension status. By examining relevant case law, legal doctrine, and current regulations, the study critically assesses whether the constitutional protection afforded by this safeguard aligns with the legal framework of free appointment and removal—and under what circumstances its enforcement would be justified.