This contribution offers a critical analysis of the role of the Colombian Constitutional Court within the peace process through the prism of the recent judgment C-332/2017. The Court found partially unconstitutional the regulation of the “fast-track” legislative procedure, established in order to quickly implement the peace agreement between the Government and the FARC. Such procedure was introduced through a constitutional amendment, to which the Court applied the “replacement doctrine”. The author provides a contextualization of the judgment with respect to the former jurisprudence, the arguments in favor and against its outcome, as well as the overall position and self-understanding of the Court in the peace process.
The Colombian Constitutional Court and the Peace Process: Slowing Down the Fast-Track?
RAGONE SABRINA
2017
Abstract
This contribution offers a critical analysis of the role of the Colombian Constitutional Court within the peace process through the prism of the recent judgment C-332/2017. The Court found partially unconstitutional the regulation of the “fast-track” legislative procedure, established in order to quickly implement the peace agreement between the Government and the FARC. Such procedure was introduced through a constitutional amendment, to which the Court applied the “replacement doctrine”. The author provides a contextualization of the judgment with respect to the former jurisprudence, the arguments in favor and against its outcome, as well as the overall position and self-understanding of the Court in the peace process.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.