Introduction
The political constitution of Colombia establishes various mechanisms for citizen participation which give the option of exercising the right to participate in political power. Among the mechanisms for citizen participation that are established in the Constitution are the revocation of the mandate, the plebiscite, the popular consultation, the referendum, the legislative initiative, the open council. However, the Constitution does not make explicit reference to a mechanism of citizen participation considered as special called citizen oversight by virtue of a constitutional mandate that the law will organize the forms and systems of citizen participation that allow monitoring public managementthat it is fulfilled in the diverse administrative levels and its results. In consideration of this, in Law 1757 of 2015 and 850 of 2003 the concept of citizen oversight is developed as a form of private surveillance over the management of the public. In this vein, it is clear that the exercise of oversight is also carried out on matters of public finance management, understood as this as a segment within the universe of public management. This essay attempts to address the constitutional and legal support of this important social control mechanisms within the framework of its orbit of influence over public finances. This essay does not intend to carry out an exhaustive analysis of the subject of citizen oversight, but rather to provide a context about its influence on the management of public financial affairs.
Development
Citizen oversight can be defined as an organized group of people or community organizations that exercise oversight over public management in any branch of public power or matter of public interest or in which people under private law have a relationship. Its members can be referred to as overseers and it is politically responsible, vis-à-vis the state and society in general, for exercising citizen control. Therefore, citizen oversight is an expression or manifestation of citizen control supplementary to the rest of the controls as a form of private surveillance over the management of public entities.
Law 850 of 2003, in its first article defines them as “the democratic representation mechanism that allows citizens or different community organizations to exercise vigilance over public management, regarding the authorities, administrative, political, judicial, electoral, legislative and control bodies, as well as public or private entities, national or international non-governmental organizations that operate in the country, in charge of the execution of a program, project, contract or the provision of a public service. "
Note that the law defines it as a mechanism, therefore citizen oversight does not imply the existence of a legal entity. This does not imply that it should not be legally constituted by means of a public deed or recognized private document and registered with the legal authority or in the chamber of commerce where its domicile is located.
They can be made up of a group of citizens directly (without being constituted as legal persons) or through civil organizations of different types, such as: community, professional, youth, charitable, non-governmental or non-profit organizations.
The Constitutional foundation that supports the existence of citizen oversight was dealt with by the Council of State through concept (Concept Sala de Consult CE 00027 of 2007 Council of State) establishing that: “As is known, the Constitution of 1991 introduced, in substitution of the existing representative democracy, the concept of participatory democracy, with a view to “facilitating the participation of all in the decisions that affect them and in the economic, political, administrative and cultural life of the nation”, as indicated in Article 2, within the essential purposes of the Colombian State. This is how various mechanisms for democratic participation were established, such as voting, plebiscite, referendum, popular consultation, open council, legislative initiative and revocation of the mandate.and a special one that is constituted by the citizen oversight bodies, and which finds its basis in articles 103 and 270 of the higher order ”. In this order of events, articles 103 and 270 are cited as the Constitutional foundation of the figure of citizen oversight.
“Article 103: (……) The State will contribute to the organization, promotion and training of professional, civic, union, community, youth, charitable or non-governmental associations of common utility, without detriment to their autonomy in order for them to constitute democratic mechanisms of representation in the different instances of participation, agreement, control and surveillance of public management that are established. "
"Article 270. The law will organize the forms and systems of citizen participation that allow monitoring the public management that is carried out at the various administrative levels and its results"
The legal support of citizen oversight is based on Law 1757 of 2015 "By which provisions are issued regarding the promotion and protection of the right to democratic participation" in Title V, Chapter I: From social control to the public, Article 63 “Modalities of Social Control. Social control can be developed through citizen oversight ………….. ”and Chapter II: Citizen oversight, articles from 67 to 72. As well as, Law 850 of 2003 that in its first article establishes“ Citizen Oversight is understood as the democratic representation mechanism that allows citizens or different community organizations to exercise vigilance over public management, with respect to the authorities, administrative, political, judicial, electoral, legislative, and control bodies, as well as public or private entities, national or international non-governmental organizations that operate in the country, in charge of the execution of a program, project, contract or the provision of a public service.
Regarding the specific competence of exercise of citizen control through citizen oversight of fiscal control, that is to say, public finances, it is clear that in article 68, literal b of Law 1757 of 2015, it is established that the following instruments of action " Report to the competent authorities the actions, facts and omissions of public servants and individuals who exercise public functions, which may constitute crimes, contraventions, detriment of public assets, irregularities or faults in matters of state contracting and in general in the exercise of administrative functions or in the provision of public services ", and in paragraph d of the same article" Request to the ComptrollerGeneral of the Republic, by official letter, the exceptional control established in Article 26, literal b) of Law 42 of 1993 "
On the other hand, the oversight bodies can provide important information for the Office of the General Auditor of the Republic to evaluate the Comptrollerships, that is, to constitute themselves as inputs to the auditing process, likewise, from them, risks could be identified in the territorial Comptrollerships regarding fiscal control and participate in the dissemination of the results of fiscal control.
Regardless of whether a formal group is created, such as a veeduría, or whether it acted informally, all citizen control organizations of state management must fulfill generic functions. Thus, their very nature of control groups assigns them the following:
- Monitor that resources are used according to the standards, plans, programs, projects and contracts Ensure that state actions are pertinent, timely, lawful and in line with the technique Know the standards, plans, programs, projects and contracts, as well as the degree of real progress in managing all of them. The information requested in this regard must be the one that matters and the group can handle, both by topic and by volume Study and analyze the explanations, reasons and information of the controlled entities Exhausted the direct ways of understanding with the entities whose Management is monitored, reports, complaints, demands and written actions are submitted to the competent authorities to control them.
For their part, the citizen oversight bodies have the following functions assigned by the
Article 15 of Law 850 of 2003:
- Monitor constitutionality and participation in planning. Monitor that budgets are executed quickly, fairly and efficiently, and that they are allocated primarily to unmet basic needs. Monitor the hiring process. Monitor and supervise the execution and technical quality of the management Receive reports, observations and suggestions from citizens and organizations Request management data from auditors, supervisors, contractors, executors, contracting authorities and others Communicate the progress of their activity Give your reports to the corresponding authorities Report irregularities by officials.
Conclusions
Citizen participation in the monitoring of public management and therefore in public financial management, is so important that it is incorporated into the Political Constitution.
The legal development of citizen oversight and its subsequent implication in financial management is found in Law 1757 of 2015 and Law 850 of 2003.
The support of citizens and the community not only in reporting possible or proven cases of corruption improves the functioning of the administration.
The citizen oversight does not have control limits in public management, therefore its radius of action reaches the area of fiscal management of public entities and even the complaint about behaviors in fiscal control carried out by the General Contrary or territorial before the General Auditor of the Republic.
In terms of the norm, the oversight bodies can, in the fiscal area, report to the competent authorities the detriment to public assets; Request the Office of the Comptroller General of the Republic, by official letter, for exceptional control; Monitor that resources are used according to regulations, plans, programs, projects and contracts; Ensure that budgets are executed quickly, fairly and efficiently, and that they are allocated above all to unmet basic needs. In general terms, ensure that state actions are pertinent, timely, lawful and adjusted to the technique.
Bibliography
MEDELLIN'S TOWN HALL. (sf of sf of sf). The citizen veedurias. Retrieved 09/28/2019, from www.medellin.gov.co: https://www.medellin.gov.co/irj/go/km/docs/enconfianza/articulosytemas/documentos/L as% 20Veedurias% 20Ciudadanas. pdf
GENERAL AUDIT OF THE REPUBLIC. (sf of 04 of 2014). We are all overseers: Primer for training overseers. (AG República, Ed.) Retrieved 09/28/2019, from www.auditoria.gov.co:
COUNCIL OF STATE. (sf sf 2007). Concept Consultation Room CE 00027 of 2007 Council of State. Retrieved on September 28, 2019, from www.funcionpublica.gov.co:
Law 1757 of 2015. (2015). Retrieved 09/28/2019, from www.funcionpublica.gov:
Law 850 of 2003. (18 of 11 of 2003). Retrieved 09/28/2019, from www.mininterior.gov.co:
