Minute30.com .- The afternoon of this Friday, January 23, has been one of high judicial tension in Colombia. The magistrate of the Constitutional Court, Carlos Camargo, formally filed a presentation that seeks to provisionally suspend the effects of the decree with which the National Government declared the economic emergency in the country.
The 86-page document is a draft ruling that will be studied by the Plenary Chamber next Wednesday. Camargo’s intention is to freeze the measure while the high court makes a substantive decision on its constitutionality.
The keys to the presentation and the clash of powers
The request for provisional suspension has the support of sectors that consider that the Government has exceeded its powers:
Judge Juan Carlos Cortés also asked to suspend part of the fiscal effects of the decree, arguing that several provisions would exceed the limits established in the 1991 Constitution.
The filing occurs shortly after Judge Jorge Enrique Ibáñez declared himself unable to participate in the discussion. Furthermore, the atmosphere is heated by the pending challenges regarding the pension reform.
Benedetti goes on the attack
The Government’s reaction was immediate. The Minister of the Interior, Armando Benedetti, harshly criticized Judge Camargo’s position and vehemently referred to the alleged defects of unconstitutionality of the Government’s reforms.
For the Executive, these actions of the Court are interpreted as an obstacle to the tools they consider necessary to address the economic crisis. Benedetti also questioned Judge Ibáñez, in the middle of a month of January where the Court is expected to define the enforceability of key projects.
What will happen next Wednesday?
The Plenary Chamber of the Constitutional Court will have in its hands the decision of whether or not to accept Camargo’s presentation. If the suspension is approved, all the measures taken under the emergency framework would have no immediate effect and it would be a major legal setback for the House of Nariño at the start of the legislative year.
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