2024-05-09 03:07:00
Click here to listen to the news.
The Constitutional Court declared Law 2281 of 2023, with which the Ministry of Equality and Equity was created, unenforceable, considering that there were procedural defects in its structuring, since a correct analysis of its fiscal impact was not carried out.
Despite this decision of the high court, the ministry led by Vice President Francia Márquez will not disappear immediately. Which is the reason?
Although the complete ruling is not known at the moment, the Court gave the National Government and Congress a period of time to correct these procedural defects. They will have to do so in the next two legislatures, before the end of 2026, since from then on the aforementioned law will lose its effects.
According to preliminary information known to this newspaper, Congress, during the debates on the articles of said norm, did not carry out an analysis of the fiscal impact of the creation of the ministry, in accordance with current budget laws.
“This omission violated article 151 of the Constitution, according to which compliance with the requirements for the approval of ordinary laws provided for in organic laws, such as Law 819 of 2003, constitute a parameter of constitutionality and validity. For this reason, the Plenary Chamber declared the unenforceability of Law 2281 of 2023,” the Court said in an information bulletin.
However, the magistrates decided to defer the effects of this ruling, since the immediate elimination of the Ministry of Equality “would cause an institutional dismantling that would affect the implementation of the public policy that has been designed by the legislator and the Executive to guarantee the rights of subjects of special constitutional protection, such as mothers who are heads of households and people with disabilities,” the Court concluded, in order to protect the principle of equality contemplated in the Constitution.
Faced with this ruling, the Casa de Nariño has two paths: present a new bill, which corrects the procedural defects during its discussion in Congress; or reassign all its functions and resources to other State entities. That is the deadline granted by the magistrates.
Upon learning of this decision, the senator of the Democratic Center party, Paloma Valencia, author of the lawsuit against the MinEgualdad law, celebrated on her social networks.
“We won the lawsuit, a ministry that was pure bureaucracy, with one trillion 300,000 million pesos, of which $900,000 million were to be distributed among positions. And shamefully, they are only 1.6% execution of that budget,” he said.
#Constitutional #Court #declared #unenforceable #law #created #Ministry #Equality