Biosecurity protocols for management of Covid-19

Constitutional Review of Presidential Decree 539 of 2020

Date:  06/25/2020

Judge-Rapporteur:  José Fernando Reyes Cuartas

Reviewed decree­.  The decree granted the Ministry of Health the power to issue the general biosecurity protocols to mitigate, control, and perform adequate management of Covid-19 pandemic, within the framework of the State of Emergency declared due to the disease.  It also ordered the local authorities to comply with the pertinent regulations by the Ministry.

Issue: Is it allowed for the President to determine which authority is responsible to issue the general biosecurity protocols for the management of the pandemic?

Ruling and reasoning.  Yes. The Court RULED THE CONSTITUTIONALITY of the decree since it found that the regulation meets the formal validity requirements defined by the Constitution, Statutory Law 137 of 1994, and constitutional jurisprudence as declared by the Constitutional Court.  The Chamber considered that the attribution of such functions to a single national authority is appropriate and adequate, within the framework of the constitutional State of Emergency´s powers.  It also respects the mandatory harmony between national, and decentralized territorial and local authorities.