Summary.
The draft bill amends Law 467 of 2025 on appeals in the community peace justice system. Each Appeals Commission (Comisión de Apelaciones) would have three qualified lawyers, each with a designated alternate. The head of the Ministry of Government (Ministerio de Gobierno) would appoint them from a list prepared by the Alternative Dispute Resolution Directorate (Dirección de Resolución Alterna de Conflictos), which would consider proposals from organized civil society. Decisions would require a majority; if none were reached, the relevant alternate would be called. Within thirty days after receiving an appeal, the Commission could revoke, amend, or uphold the first-instance judge’s decision. Its ruling would be final and not subject to further appeal. Members would meet the statutory requirements for community peace judges and could not hold another public office while serving.
Appeals Commissions would operate permanently under the Directorate’s coordination. The Ministry of Government would determine their number, operations, and seats. They could work in provincial governorate offices and, after coordination, move to a mayor’s office, a community house, or another office in or near the relevant corregimiento (district). Decisions of community judges and Appeals Commissions would not be reviewable in administrative litigation. The bill also gives effect to this rule by amending paragraph 2 of Article 28 of Law 135 of 1943 through Article 98 of Law 467 of 2025.
Within six months after promulgation, candidates would be selected and trained for community judgeships where terms are nearing completion or appointments have not been made. Appointments would be staggered. The Ministry of Government would respect the terms of Peace Judges appointed under Law No. 16 of 2016. They could be removed only on the grounds and through the procedure established in Law No. 467 of 2025. The Ministry would also regulate their administrative placement on its payroll under the community peace judge category.
The Ministry of Government would include progressively funded community peace justice operations in its annual budgets through three phases. The Interinstitutional Commission (Comisión Interinstitucional) would determine the order and phase for each corregimiento, prioritizing those in subsidized municipalities, and would seek implementation in 2026, 2027, and 2028. Where a community peace judge has not yet been appointed, the Peace Judge would continue on the municipal payroll. Active support proceedings before Community Peace Houses (Casas Comunitarias de Paz) would be transferred to the Judicial Branch (Órgano Judicial) for assignment to the competent court. Active proceedings for eviction of an unlawful occupant would continue under the rules applicable when they began.
The new Appeals Commissions would be installed within six months after promulgation. Earlier enforcement and appeals commissions would continue operating under Law No. 16 of 2016 until the Ministry of Government assumes responsibility for the community houses in their area as community peace courts. Proceedings begun before the proposed law takes effect would retain the substantive and procedural rules applicable when initiated. The proposed law would take effect on the day after promulgation. The provisions concern the Ministry of Government, the Interinstitutional Commission, and the Judicial Branch, and would affect judges, users of community justice, municipalities, and parties to pending proceedings.
What it proposes.
- Composition and operation of Appeals Commissions.
- Transition of judges, community houses, and pending proceedings.
- Phased funding of community peace justice by corregimiento.
Who it would affect.
- Community peace judges and Peace Judges.
- Members of Appeals Commissions.
- Parties to community peace justice proceedings.
- Municipalities and Community Peace Houses.
Key points.
- An Appeals Commission would comprise three qualified lawyers with alternates and decide appeals within thirty days after receipt.Art. 1
- The Ministry of Government would determine the number and operations of Appeals Commissions, which could sit in governorate offices or other coordinated locations.Art. 2
- Decisions by community judges and Appeals Commissions would be excluded from review through administrative litigation.Arts. 3-4
- Judges would be selected and trained within six months after promulgation, while the terms of previously appointed Peace Judges would be respected.Art. 5
- The Ministry’s budget would progressively fund community peace justice in three phases ordered by the Interinstitutional Commission.Art. 6
- Active support cases would pass to the Judicial Branch, while active proceedings for eviction of an unlawful occupant would continue under the rules applicable when initiated.Art. 6
- New commissions would be installed within six months after promulgation; earlier commissions would continue temporarily, and pre-existing proceedings would retain their applicable legal regime.Art. 7
- The final provision lists amendments to Law No. 467 of April 24, 2025 and sets commencement for the day after promulgation.Arts. 8-9