Proactive application of favorable past laws not in force anymore when requesting recognition and payment of disability pension

William Celeita Romero v. Supreme Court of Justice - Labor Appellate Chamber & others

Date:  11/20/2019

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Dissent:  Diana Constanza Fajardo Rivera (partial).  Cristina Pardo Schlesinger (partial).  José Fernando Reyes Cuartas

Facts.  Three joint legal actions were decided, where the protection of the right to disability pension were requested.  The authorities denied the applicants the recognition and payment of the pension, arguing that the regulations that may grant them such right were not in force anymore.  They defended that the requirements to be considered a disability person, should be configured according to certain recent laws, but in no way, based upon any law in the past.

Issue:  Can be entirely applied a past regulation not in force anymore, for the purpose of the recognition and payment of disability pension?

Ruling and reasoning.  Yes.  To reach such decision, the Court elaborated on the admissibility of proactively apply a regulation not in force anymore, provided that the beneficiary be considered a person in a vulnerable situation.  The Court mentioned this principle’s developments by previous judgements of both, the Constitutional Court itself, and the Labor Appellate Chamber of the Supreme Court of Justice.

Consequently, the Court GRANTED the protection in two of the three cases.  As to the other one, the Forum decided to DISMISS AS INADMISSIBLE the motion.