The Constitutional Court overturned this Thursday the norm that had allowed subsidies in public services up to 80 percent due to the coronavirus pandemic, decree 580 of April 15, 2020.
The reason the high court overturned this decree is that it was not signed by all ministers.
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For the Court, although the decree was issued and promulgated in the development of the State of Emergency, “it was issued within the term of the state of emergency and is briefly motivated with the reasons and causes that justified its issuance; said norm, even when it bears the signature of the President of the Republic, it was not signed by all the ministers of the office. “
Specific, the decree lacked the signatures of the Minister of Health and Social Protection Fernando Ruíz Gómez and the Minister of Science, Technology and Innovation Mabel Gisela Torres Torres, “without, for the rest, any kind of justification has been added to the process that would explain his absence, incapacity or impediment to know or sign the then Draft Legislative Decree,” said the Court.
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In the opinion of the Full Chamber of the high court, which overturned the rule with a unanimous vote, the constitutional mandate referring to the ministers signing the legislative decrees that are issued under the state of economic, social and ecological emergency “constitutes an indispensable condition of validity of said norms, insofar as this guarantees the democratic principle, during the state of emergency, since the deficit of deliberation is counteracted and the discretionary power of the president is limited “.
What did the decree establish?
Decree 580 stated that the leaders of municipalities and districts could apply subsidies on the cost of aqueduct, sewerage and cleaning services, up to 80 percent in the case of the inhabitants of stratum 1.
The benefit could be up to 50% for stratum 2, while for stratum 3 up to 40%.
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The resources to finance these subsidies would come from the territorial entities, which had to assume the partial or total cost of providing the service. Thus, explained the decree, the decision on the aid to be granted was conditioned on the availability of resources from territorial entities.
The purpose of the decree, the Government stated at the time, was guarantee public services to the entire population and shake hands with those who have been hit hardest by the crisis caused by covid-19.
The regulation also requested a voluntary contribution from users of different strata than those benefited from subsidies.
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