Through the ’emergency measure’, The Council of State temporarily suspended the Decree Law dated February 16 and numbered 0227.President Gustavo Petro assumes regulatory powers regarding the prices of public services.

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Supreme court made the decision Examine a lawsuit filed by Julián David Solorza and Lucas Arboleda HenaoPart of the DLA Piper Martínez Beltrán law firm, he requested the annulment of the ordinance, believing that it had been improperly issued because the President was unable to assume the functions of Congress.

They argue that the tariff regime for residential utilities is subject to legal precaution, that is, must be processed by Congress; and keep the so-called The decree was issued “with the wrong motivation”.


“While the President’s intention to assume the powers that do not comply with the above-mentioned norms from which they originate, pursuant to Articles 73 and 74 of Law No. 142 of 1993 and Articles 20 and 23 of Law No. 143 of 1994, is directly attributed to CREG and CRA by the legislator. ‘ says the document.

“This Unitary Chamber, in this statement There is no question that the President is reassuming duties that assist him in domestic civil service matters.What is found illegal is the President of the Nation’s decision to assume the power to regulate the tariff regime of public services, a functional role given to the Congress of the Republic by clear constitutional provision. The company deems it appropriate to transfer the technical and operational process for the determination of the aforementioned rates to the regulatory commissions.”

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The Office, which should handle the investigation of the allegation in depth, said as a preliminary: the decree is contrary to articles 209 and 211 of the Political Constitution as well as articles 9 to 13 of Law no. 489 of 1998.because “The first president of the nation cannot hold certain duties that are not expressly given by the legal system.”

“The company fulfills all the functions and other harmonized norms of the commissions regarding the regulation of housing public services, which are this precautionary measure, in the Laws 142 and 143 of 1994, in the conditions specified in this decision”.

about an injunction to be reviewed by a State Council Chamber. The President will not be able to interfere with the regulation of the tariffs while the decision is made on this basis regarding the case.


In a 56-page document, the plaintiffs presented their grounds for appealing to the Council of State.

In particular, they noted that the decree “does not meet the requirements and budgets required by the legal system for the resumption of delegated duties”.

This, given that, in his view, the President is given a legal mandate prior to the resumption of the duties he has been carrying out, and that such power can only re-initiate the duties to which he has expressly delegated “but in the present case, the President is withdrawing these powers by the legislator CREG and CRA”. or given”.

They further stated that “neither the explanations of the decree nor the supporting report accompanying it have developed technical, operational, legal and appropriate grounds to warrant such a transcendent decision.”

The National Association of Public Services and Communication Companies (Andesco) said in a statement last night that the decree in question would not be valid unless a decision on the merits was made, therefore the union “will wait for the final decision to be made, meanwhile, the commissions have taken all the decisions given to them in Laws 142 and 143 of 1994. has to use the faculty and authority”.

The government has not decided on this yet.

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Source: Exame

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