Declaration of the State of Emergency as a result of the Covid-19 pandemic

Constitutional Review of Presidential Decree 417 of 2020

Date:  05/20/2020

Judge-Rapporteur:  José Fernando Reyes Cuartas

Concurrence:  Diana Constanza Fajardo Rivera.  Antonio José Lizarazo Ocampo.

Dissent:  José Fernando Reyes Cuartas.  Alberto Rojas Ríos (partial)

Reviewed decree­.  The decree declared the state of emergency throughout the national territory as a consequence of the Covid-19 pandemic.

Issue: Is the decree in accordance with the principles and provisions of the Constitution, both for substantive aspects and formal matters?

Ruling and reasoning.  Yes. The Court RULED THE CONSTITUTIONALITY of the decree based upon the compliance of the material requirements set out in the Constitution, i.e., i) the existence of a catastrophic situation originated in natural or technical causes, that unexpectedly affects society or an important sector of it. It should disrupt, or threaten to imminently disrupt the economic, social, or ecological order.  ii) it was not foreseen.  iii) it was not caused by war or internal conflict.  and, iv) the ordinary powers are insufficient for its attention.

It also complies with the formal constitutional requirements consisting of: signature by the President and all the Cabinet Ministers, adequate motivation, duration of the emergency, precise determination of its territorial scope of application, convene of the Congress of the Republic, and communication to the Secretaries General of the OAS and the UN, of the declaration of the emergency, the reasons that led to it, and the Legislative decrees that limit the exercise of rights.

In the opinion of the Court, the President of the Republic together with his Ministers, exercised their constitutional powers appropriately and within the reasonable limits established by the Constitution. The Court warned that it will be rigorous in the reviewing of the decrees to be issued by the President to cover this situation, their connection with its causes, and the respect for the general prohibitions that must be observed even in emergency situations.