Original language

Spanish

Country
Colombia
Date of text
Type of court
National - higher court
Sources
Court name
Corte Constitucional
Seat of court
Bogotá D. C.
Reference number
D-1512
Tagging
Constitutional
Free tags
Environment gen.
Legal questions
Abstract

The Colombian Constitutional Court is asked to review the constitutionality of the Article 135 of the Decree-Law 2150 of 1995, whereby the several regulations or procedures existing in Public Administration are reformed or deleted.

The opponents to the Article 135 of this Decree-Law stated that it violate the Article 313.9 of the Colombian Constitution, since it detracts the municipalities and city councils from imposing additional requirements or different sanctions to those contained in the existing regulations, produced and implemented by the Ministry of Environment, the Regional Autonomous Corporations, large urban centers and metropolitan areas. The applicants also pleaded that the ad hoc legislator (the president) exceeded the limitation of powers conferred by Congress through the Article 83 of the Law 190/1995 which developed the Article 150.10 of the Constitution.

The court ruled in favour of the opponents by stating that even the regulation might fit within the constitutional framework, the ad hoc legislator invaded the competences of the ordinary legislator, therefore in breach of  Articles 84 and 209 of the Constitution.