Constitutionality of second COVID-19 related State of Emergency extension

Constitutional Review of Presidential Decree 307 of 2020

Date:  08/12/2020

Judge-Rapporteur:  Luis Guillermo Guerrero Pérez

Concurrence:  José Fernando Reyes Cuartas.  Alberto Rojas Ríos

Reviewed decree.  The decree declared the state of emergency throughout the national territory for the second time in the year, as a consequence of the Covid-19 pandemic. It extended the exceptional situation for 30 more days.

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.  It explained it had to be more rigorous this second time, in order to verify that the exceptional and supervening circumstances that have led to the emergency the first time, are still valid and intense enough to justify the continuation of the greater powers that the emergency grants the executive.   After analysis, the Court concluded that non-foreseen and unpredictable events generated by the pandemic, have shown the insufficiency of the measures adopted until now, and the need to be extended in time.  Likewise, it considered that the regulation does not transgress any constitutional provision and does not suspend human rights and fundamental freedoms either.  Similarly, the correct functioning of the branches of power is not affected. The Room also found that the Presidency's determinations do not contradict the constitutional principles of purpose, necessity, proportionality, legality, and non-discrimination.