Colombia’s Constitutional Court announced Tuesday that it will not convene an extraordinary session to review President Gustavo Petro’s declaration of an economic emergency, opting instead to wait until the judicial branch resumes normal operations on Jan. 13, 2026.
The decision, reached during a virtual meeting of the court’s nine magistrates, deals a strategic blow to opposition leaders who had hoped for an immediate judicial brake on the executive’s decree.
In a press release, the high court stated that the constitutional review process must adhere to the established rules of judicial organization, including the observance of the annual judicial recess. “The judicial control of constitutionality must be carried out … taking into account the rules that define the organization and functioning of judicial offices,” the court stated.
This means that Decree 1390, signed on Monday to bypass Congress and implement tax measures by fiat, will remain in effect for at least the next few weeks. The court cited precedents for this delay, specifically referencing a 2009 state of emergency declared on Dec. 23, which was not formally reviewed until Jan. 20 of the following year.
The Petro administration now has a clear runway with its economic emergency
The refusal to meet early gives the Petro administration a clear runway. With the court adjourned until mid-January, the executive branch has an open window to issue the legislative decrees necessary to plug the 16 trillion peso (US$4.2 billion) fiscal deficit cited as the justification for the emergency.
As reported earlier, these measures are expected to include tax hikes on high-income individuals and “negative externalities” such as alcohol and gambling, effectively reviving parts of the tax reform bill that Congress rejected earlier this month.
COMUNICADO A LA OPINIÓN PÚBLICA
Bogotá D.C., 23 de diciembre de 2025 pic.twitter.com/GE8qLAbtAB— Corte Constitucional (@CConstitucional) December 23, 2025
While right-wing presidential candidate Abelardo De la Espriella filed a lawsuit on Monday seeking the provisional suspension of the decree, the court’s decision confirms that no ruling, provisional or otherwise, will occur before the judicial holiday ends.
Once the court reconvenes, it will review both the initial declaration of emergency and the specific decrees issued under its authority. Legal experts note that while the review is mandatory and automatic, the court’s historical timelines suggest a final ruling on the constitutionality of the measures could take months.