| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| 03. 06. 2020 | C-158/2020 | Constitutional Court | Right to education | Automatic control of constitutionality/Claim upheld | The Constitutional Court has examined the constitutionality of a legislative Decree. This legislative Decree lays down measures to be taken by the territorial units to ensure the implementation of the school meals programme and the provision of home education in nursery, primary and secondary schools. The Decree was referred to the Constitutional Court for an automatic inspection of its constitutionality. The Court concluded that the Legislative Decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-158-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-constitutional-court-colombia-c-1582020-june-3rd-2020-2020 | ||
| 28. 05. 2020 | C-155/20 | Constitutional Court | Scope of powers of public authorities, Equality | Automatic control of constitutionality/Claim partially upheld | A legislative Decree aimed at making the administrative procedures carried out by a Columbian authority more flexible and reasonable. Adaptation of administrative procedures to new circumstances is essential to overcome the disruption caused by COVID-19, according to the legislative Decree. The Constitutional Court held that the legislative Decree meets the formal requirements for validity. However, it declared two articles unconstitutional because they do not satisfy the requirement of legal necessity. The Government has failed to exhaust the necessary procedures and the deliberate disregard of existing powers and competences to achieve the objectives set by the Decree, i.e. the refraining from applying the normal mechanisms necessary to address the crisis caused by COVID-19, results in an unjustified extension of the powers of the executive and an alteration of the normal functioning of the rule of law. In this sense, exceptional situations cannot be used to disrupt the legal system and jeopardise the principle of legal certainty. | https://www.corteconstitucional.gov.co/relatoria/2020/C-155-20.htm |
https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=141780; https://cijuf.org.co/sites/cijuf.org.co/files/documentos_interes/BOLETIN%20TRIBUTARIO%20155_0.pdf; https://www.cancilleria.gov.co/sites/default/files/Normograma/docs/pdf/decreto_0476_2020.pdf; https://editorapublica.com/?cat=275&paged=8; https://repositorio.ucaldas.edu.co/bitstream/handle/ucaldas/18116/ManuelFelipe_GrisalesMesa_2022.pdf?sequence=1&isAllowed=y |
https://www.covid19litigation.org/case-index/colombia-corte-constitucional-c-15520-2020-05-28 | |
| 20. 05. 2020 | C-145/20 | Constitutional Court | Scope of powers of public authorities | Claim upheld | The President of the Republic has forwarded to the Constitutional Court a certified copy of a decree declaring a state of emergency, in accordance with the Constitution. The decree was declared constitutional, in this way, the government is entitled to issue decrees with force of law for the duration of the economic emergency, whose objective should be to try to avert the crisis. | https://www.corteconstitucional.gov.co/relatoria/2020/C-145-20.htm | https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=133625 | https://www.covid19litigation.org/case-index/colombia-constitutional-court-c-14520-2020-05-20 | |
| 13. 05. 2020 | Sentencia T-136/21 | Constitutional Court | Right to health, Rights of children | Claim partially upheld | A girl was treated with integral rehabilitation therapy at a special foundation. Following a decision by the health care provider, the girl's place of treatment was changed to a foundation far from her home. The professional staff recommended that the rehabilitation be carried out in a closer location, as such a long journey could cause physical and mental decompensation, which would affect the therapeutic process. The healthcare provider rejected the referral. While the Constitutional Court was deciding on the tutela action, the healthcare provider replaced face-to-face therapies with virtual therapies. According to the healthcare provider, the measure was taken to prevent COVID-19 infection. The Constitutional Court ruled that the health care provider had violated the right to health with regard to the diagnosis. The Court overturned the lower court's decision to reject the applicant's application and decided that the right to health was protected only in terms of diagnosis, partially upholding the application. The Court ordered the health care provider to convene a medical committee to determine the best therapeutic alternative for the girl, determining whether the long journeys required to receive rehabilitation therapies endangered her physical integrity or worsened her health. | https://www.corteconstitucional.gov.co/Relatoria/2021/T-136-21.htm |
https://vlex.com.co/vid/869274871; https://www.ambitojuridico.com/boletin-dia/20220708; |
https://www.covid19litigation.org/case-index/colombia-constitutional-court-sentencia-t-13621-2020-05-13 | |
