2024-06-16 18:47:06
The pension reform was authorized by the Home of Representatives by a vote of 88 to twenty and now goes to the President for approval, days following a number of constitutional regulation specialists warned that the legislative initiative had a robust probability of passing. of evaluation.
Resulting from Congressional errors, the identical Excessive Court docket overturned a number of plans of Gustavo Petro’s authorities, such because the creation of the Ministry of Equality or the declaration of a state of financial and social emergency aimed toward fixing the intense humanitarian disaster that La Guajira is experiencing for lack of water, meals and different essential wants.
Petrismo celebrates approval of pension reform. | Picture: Home of Representatives
One of many jurists consulted by SEMANA was lawyer Kenneth Burbano, director of the Constitutional Observatory of the Free College, who pointed to 2 severe difficulties that finally led to Petro’s pension reform not being submitted to the Constitutional Court docket Authorized Foundation.
“Colombia’s legislative department is bicameral, consisting of the Senate and the Home of Representatives, and the approval of legal guidelines requires debate between the 2 homes that strictly adheres to the provisions of the structure. That is to keep up the total formulation of legal guidelines and assure the participation of citizen representatives in Congress,” Burbano instructed SEMANA clarify.
A number of specialists discovered that the primary impediment to reform is that the proposal doesn’t obtain the identical backing from the Senate, a scenario that leads to a lack of awareness amongst Home representatives when contemplating the proposal.
Constitutional Yuan | Picture: Constitutional Court docket opens to evaluation UPC funds.
“There are precedents within the jurisprudence of the Constitutional Court docket that point out that debate and mediation mechanisms are inevitable,” mentioned the director of the Constitutional Observatory of Freie College. “That’s to say, the Home of Representatives can not check with the selections of the Senate with out the approval of the Senate.” debate. This will likely result in the precept of continuity being compromised, which merely signifies that all of the procedures and levels of debate established by regulation for the approval of the regulation aren’t adhered to.
Certainly, some MPs additionally criticized the federal government or any spokesperson for by no means explaining how the presentation earlier than the plenary session of the Home of Representatives associated to the textual content authorized by the Senate.
Different skilled legal professionals consulted by SEMANA defined that when the regulation is authorized by President Gustavo Petro, a lawsuit may be filed earlier than the Constitutional Court docket, however the regulation stays in pressure till it’s declared unconstitutional. The Excessive Court docket makes exceptions to remain legal guidelines when they’re incompatible with the structure or have irreparable results.
Piedad Correal Rubiano, constitutional lawyer of the neoliberal occasion and consultant of the Chamber of Deputies, defined that the Constitutional Court docket “has dominated that deliberations are unavoidable, not to mention complying with the necessities of openness and approval in plenary classes of each chambers”. As well as, it’s meant to ascertain a brand new pension system, which needs to be handled as a statutory commonplace.
The warnings come amid severe indicators that pension reform, which was unexpectedly authorized by parliament, might finally fail in relation to the Constitutional Court docket. Some members of Congress warned that the proposal and the Senate textual content on the norm weren’t even mentioned.
Home Consultant Juan Carlos Lozada defined: “I by no means imagined that the altering authorities would overthrow democracy, as they did by adopting the textual content of the Senate, invalidating the Home of Representatives, ending bicameralism. “What occurred is admittedly Very severe. “
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