Néstor Iván Osuna Patiño (1963) is a lawyer graduated from Universidad Externado de Colombia, a Doctor of Law from Universidad de Salamanca, Emeritus Professor of Constitutional Law at the Universidad Externado and Guest Researcher at the Institute of Legal Research of the Universidad Nacional Autónoma de México (UNAM) since 1988. He has been visiting professor at the Universidad Carlos III de Madrid.
He was co-judge of the Colombian Constitutional Court between 2005-2010, editor of State Law magazine, member of the Ibero-American Institute of Constitutional Law, registered researcher in Colciencias with a 1-A rating and arbitrator of the Arbitration and Conciliation Center of the Chamber of Commerce from Bogotá.
Between 2014 and 2015 he was a magistrate of the then Disciplinary Chamber of the Superior Council of the Judiciary, which since January 2021 was replaced by the National Commission for Judicial Discipline.
At the Universidad Externado de Colombia he has served as Academic Director, Director of the Department of Constitutional Law and professor. He has published the following works: Notes on the Concept of Fundamental Rights (1995); Guardianship and Legal Protection: Protected Rights (1998); and Ibero-American Constitutions (2006).
Similarly, he has written and published numerous articles in national and international media, in areas related to Fundamental Rights, Constitutional Justice, Democracy, State Theory and Colombian Constitutional History.
The Minister of Justice and Law, in addition to the functions indicated by the Political Constitution and in article 61 of Law 489 of 1998, will fulfill the following:
- Formulate policies on matters of competence of the Ministry of Justice and Law, under the direction of the President of the Republic.
- Coordinate relations between the Executive Branch, the Judicial Branch, the Public Ministry and control agencies for the development and consolidation of public policy in matters of justice and law.
- Coordinate the formulation and follow up on the policies, plans, programs and projects of the Administrative Sector of Justice and Law.
- Exercise the legal representation of the Ministry of Justice and Law.
- Coordinate, guide and monitor the strategic planning of the Ministry of Justice and Law and the Administrative Sector of Justice and Law.
- Permanently evaluate and advance the follow-up of the execution of international commitments in matters of its competence.
- Present, guide and promote draft legislative acts and laws before the Congress of the Republic, in matters related to the objectives, mission and functions of the Ministry and coordinate the exercise of the legislative initiative that the National Government has, in accordance with the provisions of article 154 of the Political Constitution and in matters relating to justice and law.
- Approve the preliminary draft budget for investment, operation and the project for the use of public credit resources that are appropriated for the Ministry of Justice and Law.
- Sign on behalf of the Nation and in accordance with the Public Procurement Statute and the Organic Budget Law, the contracts related to matters pertaining to the Ministry.
- Monitor the course of the execution of the budget corresponding to the Ministry.
- Promote, in collaboration with the competent state entities, judicial and technical cooperation in matters within their competence.
- Represent the National Government in matters within its competence, in the execution of international treaties and agreements, in accordance with the legal norms on the matter.
- Direct the administration of personnel in accordance with the regulations on the matter.
- Exercise the function of internal disciplinary control in according to laws.
- Create, form and assign functions to the advisory and coordination bodies, as well as the internal work groups necessary for the fulfillment of the objectives and functions of the Ministry, through an administrative act, within the framework of its competence.
- Distribute among the different departments of the Ministry the functions and competences that the law grants to the Entity, when they are not expressly assigned to any of them.
- Implement, maintain and improve the Integrated Management System.
- Preside over the Higher Council for Criminal Policy, the National Narcotics Council, the Intersectoral Commission for normative harmonization and the other collegiate bodies that the law orders.
- Exercise the functions that the President of the. Republic delegates to it or the others that are indicated by the Law.