2024-05-10 04:33:48
Law 2281 of 2024, which established the creation of the Ministry of Equality and Equity, was declared unconstitutional due to irregularities in its legislative process. The lawsuit, presented by various political and legal actors, pointed out the lack of clarity in the extraordinary powers granted to President Gustavo Petro and the absence of an exhaustive analysis of the fiscal impact of the initiative during its processing in Congress.
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Despite this declaration of unconstitutionality, the Court decided to postpone the effects of its ruling for a period of two legislatures, which extends until June 20, 2026. During this time, the Ministry of Equality and Equity will continue to operate, but The promulgation of a new law will be required to correct the defects found by the Court.
The plaintiffs, among whom are Paloma Valencia, María Fernanda Cabal, Paola Holguín and José Jaime Uscátegui, expressed their objections to article 12 of Law 2281, which granted the president extraordinary powers to issue regulations with the material force of law aimed at integrate the Equality and Equity Sector with other entities. In addition, they pointed out that Congress did not adequately evaluate the costs associated with the creation of the Ministry.
The Court found that Congress did not comply with the fiscal impact analysis required by Law 819 of 2003, which constituted an insurmountable procedural defect. However, the immediate elimination of Law 2281 would entail an institutional dismantling that would affect the implementation of public policies aimed at guaranteeing the rights of groups with special constitutional protection.
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In this context, the Court decided to defer the effects of its decision for two legislatures, in order to allow the National Government and Congress to adjust the functions of the Ministry of Equality and Equity and make the necessary modifications to avoid affecting the beneficiaries of current public policies.