A new judicial front was opened against the national government after a judge of the Republic admitted for study a protection action filed against the decree that declared the state of economic and social emergency in Colombia.

The lawsuit was filed by Paloma Valencia and Gabriel Vallejo, who allege the alleged violation of fundamental rights.

With this decision, the constitutional process will continue its course, although the decree issued by the Executive will remain in force while the background analysis is carried out. In the judicial order, the office assumed knowledge of the action and ordered to notify various State entities involved in the issuance and execution of the measure.

Among the entities called to respond are the Presidency of the Republic, the Ministry of Finance and the National Tax and Customs Directorate (Dian). Additionally, the judge ordered the linking of the Constitutional Court and the Congress of the Republic, in order to guarantee a comprehensive process and avoid possible procedural nullities.

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The judicial office granted a non-extendable period of 24 hours for the affected and linked entities to rule on the facts exposed in the guardianship and exercise their right to defense. If not done within the established term, the judge warned that the facts could be considered true, which would allow the case to be resolved directly.

Likewise, the defendant entities were asked to send copies of the procedures and actions carried out in relation to the declaration of emergency, documents that will be incorporated into the file as relevant background information.

However, the judge denied the request to provisionally suspend the decree while the guardianship is decided, arguing that the requirements to adopt this precautionary measure are not met at this stage of the process.

The admission of the guardianship revives the legal and political debate around the declaration of economic emergency, a constitutional figure that has generated strong questions from different sectors of the country.

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