Remote work and suspension of in-person meetings in government entities

Constitutional Review of Presidential Decree 491 of 2020

Date:  07/09/2020

Judges-Rapporteur:  Luis Guillermo Guerrero Pérez & Cristina Pardo Schlesinger

Concurrence:  Cristina Pardo Schlesinger

Dissent:  Carlos Libardo Bernal Pulido(partial).  Diana Constanza Fajardo Rivera (partial).  Luis Guillermo Guerrero Pérez (partial).  Antonio José Lizarazo Ocampo (partial).  Gloria Stella Ortiz Delgado (partial).  Alberto Rojas Ríos (partial).

Reviewed decree.  The Decree 491 of 2020 took emergency actions to guarantee the provision of services by public entities, as well as measures  for legal protection of their employees and contractors. Among them working from home, setting websites ready to resolve petitions, and establishing procedures and protocols to effectively contact and communicate with customers and users through internet.  

Issue:  Is it allowed for the President to regulate by means of a decree issues concerning work form home, services through websites, internet protocols, etc. for services rendered by public entities during the crisis caused by the pandemic?

Ruling and reasoning.  Yes. The Court RULED THE CONSTITUTIONALITY of the decree based upon the general conformation of the decree with the constitutional principles and requirements, Act 137 of 1994, and international treaties on human rights, except for article 12 which was found UNCONSTITUTIONAL, and other precepts whose CONDITIONAL CONSTITUTIONALITY was declared.

As to article 12, it established the conditions to celebrate non-face-to-face meetings in all the branches of power.  The Court considered that decisions regarding the way official meetings are held, fall only under the scope of competences of each branch in particular, and therefore, the President can not interfere with such functions.  Otherwise, the separation of powers will be seriously affected.