President Gustavo Petro’s State of Emergency in La Guajira: Constitutional Court’s Decision and Concerns

2023-09-24 21:31:40

President Gustavo Petro defended the state of emergency in La Guajira before the Constitutional Court. | Photo: Constitutional Court

President in La Guajira | Photo: Cristian Garavito – Presidency

However, as might be established, this group of magistrates will also present their concern regarding the concentration of powers in the Executive Branch in this type of cases. More so if you take into account that in the presidential decree there are many topics that do not respond to an economic, social and economic emergency.

The winds in some areas of La Guajira run on average at 10 meters per second and, thanks to that speed, they can produce 18 GW of electricity. In the photo, the Jepirachi wind farm. | Photo: Semana Editorial

The high court has until October 5 to make a substantive decision. Everything indicates that the discussion will span several sessions and the ruling will have several clarifications and exceptions.

Instrumentalize the crisis, the strong call of the Attorney General’s Office

In the concept sent by the Attorney General, Margarita Cabello Blanco, – which has been key in the discussion – it is noted that the Government would be “instrumentalizing” the crisis in the department of La Guajira “to obtain exceptional legislative powers”, made by the which asked the Constitutional Court to declare the decree unenforceable.

President Gustavo Petro in the department of La Guajira. | Photo: Presidency of the Republic

The head of the Public Ministry considered that, unfortunately, the events that occur in La Guajira are not new, a fact for which several decisions have been issued. “The crisis in the department of La Guajira is a problem that responds to structural factors and, consequently, must be overcome by the authorities through good management of institutional instruments.”

For this reason, he considers that giving extraordinary powers to the Head of State does not solve the situation in any way. The concept went further and the position of the president was classified as “inadmissible”, acquiring powers to make decisions without consulting Congress, thus evading any type of control.

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