Rector's Office of the National University: Details of the dispute and what comes next after the Council of State's ruling

The race for the rectorship of the National University is not yet over. Although today the Council of State ratified the legitimacy of José Ismael Peña's election as rector for the 2024-2027 term, the decision does not mean his return to the position.

The high court made it clear that the decision issued was limited to reviewing the legality of the initial appointment and not to reinstating him.

The ruling is in response to a lawsuit filed by current rector Leopoldo Múnera, who requested the annulment of Peña Nieto's election on May 18, 2024, alleging that the voting method used by the University's Higher Council (CSU)—the so-called "Borda" system —was irregular.

However, the Court concluded that there was no evidence of abuse of power or manipulation in the application of the system , and that Múnera's elimination in the second round was due to the scores awarded by the councilors.

Despite this pronouncement, the legal dispute is far from resolved. The Council of State must still decide on another ongoing process: the legality of the subsequent appointment of Leopoldo Múnera as rector , after the newly formed CSU rejected Peña Nieto's initial choice.

At the time, the CSU argued that the first appointment was invalid because the then-Minister of Education, Aurora Vergara , had not signed the corresponding document. Based on this argument, the process was resumed, and Múnera obtained the necessary majority to take office as rector.

The plaintiffs in this other case argue that it was legally impossible to reopen the election , since Peña Nieto's election had already "come into legal existence." In contrast, Múnera's defense team asserts that the CSU acted within the law by correcting what it considered an irregularity.

In the coming weeks, the Council of State will have to resolve this second case, in which the plaintiffs argue that the appointment of another rector may have ignored the existence of a valid administrative act , violating the principle of legal certainty. This decision will be decisive in determining who will permanently occupy the rectorship of the National University.

The University Council (CSU) has elected José Ismael Peña Reyes as rector of the National University for the 2024-2027 term.

Following the election, a group of plaintiffs—among them Leopoldo Múnera Ruiz—filed a nullity suit, alleging misuse of power, lack of motivation, violation of statutory rules, and an irregular voting method (the so-called Borda Method).

According to the plaintiffs, the CSU should have chosen the candidate with the most votes in the referendum, and the change in voting methodology manipulated the result.

Ismael Peña takes symbolic office at Notary Public 14 in Bogotá, in a ceremony not recognized by the Ministry of Education. He bases his actions on Law 4 of 1913.

Education Minister Aurora Vergara declares herself ineligible.

The president appoints Juan David Correa as ad hoc minister, who issues Resolution 7480, ordering the CSU to appoint an interim rector within 24 hours.

Ismael Peña files a writ of protection (filed in the 37th Administrative Court of Bogotá) to protect his right to be recognized as rector.

Leopoldo Múnera files a petition before the Council of State to annul the election of Ismael Peña.

The 37th Administrative Court ruled in favor of Peña: it annulled Resolution 7480 and recognized him as acting principal while his legal situation is resolved. The Ministry of Education announced it will appeal the decision.

The Second Administrative Court has rejected another writ of protection seeking to overturn Ismael Peña's appointment, stating that jurisdiction falls to the Council of State.

The Fifth Chamber of the Council of State, in file 11001-03-28-2024-00136-00, identifies inconsistencies in the suspension of the election and orders the correction of irregularities.

The Council of State formally admits the petition to annul the election of Ismael Peña and orders the CSU to take measures to correct the irregularities detected.

The Fifth Chamber of the Council of State denies the request for legality review and recognizes that the election had an impact on the university community, thus moving on to the merits of the claim.