Many have asked me about what legal concept I have in front of an eventual requirement of homologation of slots by COLJUEGOS EICE, and the truth is that this question that seems so concrete, is very open because the first thing that needs to be specified is what understands "homologation" of machines, or what type of approval is intended.
In the vehicular sector for example exists the homologation of vehicles for more than 20 years, but one of them is done since the introduction of the good to the country and is what is called "automatic homologation" which falls only against vehicles destined for public transport and it is that the Ministry of Transport only enables for this service those vehicles that from the moment of their importation process before the external Ministry of commerce to present documents of homologation of the manufacturing houses in which certain conditions of specific quality is detailed in international standards.
Note that there, for example, there are already 2 characteristics of a true homologation model, on the one hand there are internationally approved homologation norms.
Otherwise they should be issued by a regulatory body (competent to issue approval standards) and that these rules are also prior to the importation of the good, and on the other hand, that the State verify these standards before enabling them or grant permits or licenses to those goods, with a clear base, in those pre-existing norms.
So, I think that the Colombian State can advance a process of homologation, as long as different entities intervene from their competence in a convergent and / or concurrent way to advance it.
What I do not see as viable is that the same entity, in this case COLJUEGOS EICE, assumes the task of arbitrarily indicating which brands and models of gambling instruments could enter the market, because there are no previous policies or homologation norms, except for those internationally issued, because it would be incurring in the first place in an excess of functions, there is no rule that currently attributed to this function and public entities and officials are subject to the strict rule of law under the principle of legality according to the which is only given to do what is expressly ordered.
Secondly, it could be favoring individuals and disadvantaging other individuals who are legitimately free to offer products as long as they comply with the regulations in force governing the freedom of business.
I see complicated then, that COLJUEGOS EICE in their first try, advance a process of homologation without a Law of the government, as they have affirmed it publicly in more than one occasion the President Juan B. Perez and his predecessor Cristina Arango.
All the above apart from considering that trying it to do it hastily without advancing studies, discussions and consensus with all stakeholders and involve all possible national and international suppliers, as well as the unions and consult the interest of legal operators, establishing reasonable times to comply with serious processes of homologation of teams, where everyone has equal opportunities to participate, and establishing periods and broad transition systems, would be an outrage against small and medium enterprises.
I would even say that if operators were not allowed to take their "non-homologated" machines [1] freely at the time they deemed appropriate, it would be a clear expropriation, an attack against private property that, although it is true Colombia has a social function and in this sense the State has a margin of intervention, the justification of such intervention must be strongly supported in the general interest and pre-existing norms.
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[1] This even implies a contradiction because who is competent to say that what operates today is no longer fit to operate?
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