The Comptroller General of the Republic has ruled that the General Treasury of the Republic holds the legal authority to carry out collection actions for state-guaranteed student loans (CAE). The ruling comes in response to a request filed by former lawmaker Miguel Mellado regarding the Treasury's responsibility in recovering these funds.
The oversight body issued the ruling on April 7 to clarify the Treasury's functions. According to the document, the institution is the “body mandated by the legal framework” to exercise the collection actions referred to in Law No. 20,027.
The resolution clarifies that this responsibility covers loans where the state guarantee has been applied. It also includes amounts that the Treasury has previously acquired or purchased.
Procedures and Management Powers
The Comptroller specified that the Treasury can carry out these actions through the administrative and judicial procedures provided for in the Tax Code. The ruling also authorizes the entity to enter into mandates or management agreements with the relevant financial institutions for this purpose.
The ruling settles the legal debate regarding the method for debt enforcement. The dispute centered on whether collection should be conducted through administrative tax procedures or via executive lawsuits in ordinary civil courts.
Regarding the oversight of these obligations, the regulatory body noted that Mellado's submission will be considered a relevant input. This information will be integrated into the planning of the regular audits conducted by the Comptroller to supervise the fulfillment of these state duties.