C-185/20
Measures to guarantee public transportation and infrastructure during the COVID-19 pandemic
Constitutional Review of Presidential Decree 482 of 2020
Date: 06/18/2020
Judge-Rapporteur: Alberto Rojas Ríos
Dissent: Diana Constanza Fajardo Rivera (partial). José Fernando Reyes Cuartas. Alberto Rojas Ríos (partial). Cristina Pardo Schlesinger
Reviewed decree. The disposition created the LTC (Logistics and Transport Centre), suspended unnecessary face-to-face procedures, made decisions aimed at reducing the economic impacts suffered by the aeronautical industry, extending the working time of the air traffic controllers, firefighters, and other technical personnel, suspended the collection of tolls on national roads, allowed the continuity of public works as well as the mobility of personnel and machinery required for maintaining the service and attending emergencies, granted public entities to suspend contracts by common agreement or unilaterally, as the case may be, allowed the extension the term of port contracts and the use of private ports.
Issue: Is the decree in accordance with the principles and provisions of the Constitution, both for substantive aspects and for formal matters?
Ruling and reasoning. The Court RULED THE CONSTITUTIONALITY of the decree since it considered the measures all proportionate, related to the causes of the crisis, and aimed at its warding off. The decision excepted the flexibility established for the maximum limit of the working time of the personnel of air traffic controllers, firefighters, and aeronautical technicians, a legal provision whose CONDITIONAL CONSTITUTIONALITY was declared. The Chamber determined that lifting the caps on working hours and shifts is vague and undetermined, to the point that it could be used unnecessarily and stray from its purpose. Therefore, it decided to declare its constitutionality as long as the rule: i) does not exclude or suspend, in any way, other labor rights and guarantees; ii) is used as a last resource, after trying other options: iii) does not go beyond what is strictly necessary to deal with the situation; and iv) is not detrimental of air safety.
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