The Constitutional Court of Colombia finalized its ruling today, Apr. 9, 2026, regarding President Gustavo Petro’s economic emergency. The high court declared Legislative Decree 1390 of 2025 unconstitutional. This decision nullifies the emergency powers granted to the President late last year. The ruling prevents the government from collecting 12 trillion pesos (roughly US$3.1 billion) through emergency fiscal measures, which included liquor duties, surcharges on the financial sector, and revised wealth assessments for individuals. President Petro must now pursue these funds through Congress’s standard legislative channels, and time is running out.
Related: Colombia’s Petro Warns of Multibillion-Dollar Cuts if Tax Reform Fails.
Reasons behind the Court’s ruling
The government declared the emergency after its financing law failed in Congress. President Petro aimed to raise funds for the healthcare system and winter weather damage. However, the Court explained that a legislative rejection does not justify extraordinary powers. The Constitution only allows these powers for sudden disasters or unpredictable crises. The tribunal determined that a political debate in Congress is a normal part of democracy. The Executive branch cannot replace the Legislature simply because it lacks sufficient votes.
Legal concepts explained
The ruling relies on the principle of the separation of powers. The Court defined the current crisis as a predictable event rather than an “unforeseen circumstance.” An unforeseen circumstance is a sudden event that drastically changes the country’s reality. The magistrates consider congressional debate to be a standard democratic process. This ruling reinforces the idea that tax changes require open and public discussion among elected representatives.
Court vote breakdown
The final decision received six votes in favor of the strike-down and three against. Justices Natalia Angel, Juan Carlos Cortes, Diana Fajardo, Jorge Enrique Ibañez, Alejandro Linares, and Cristina Pardo formed the majority. These magistrates emphasized the need to protect the separation of powers against Executive expansion.
Justices Vladimir Fernandez, Hector Carvajal, and Paola Meneses issued “dissenting opinions” against the majority. They argued that the healthcare funding gap required immediate government action. However, the majority prevailed to invalidate the presidential decree immediately. The ruling followed the legal arguments presented by Justice Carlos Camargo Assis.
Impact on healthcare and the national budget
The Ministry of Finance must immediately halt the collection of taxes created under the emergency decree struck down by the Constitutional Court. The healthcare sector faces an operational deficit of 4.8 trillion pesos (approx. US$1.2 billion). To address the fiscal gap, the national government must reduce public spending by 2.5% of Gross Domestic Product (GDP). Any new tax measure — including those originally intended to fund digital transactions or environmental levies — must now follow the standard legislative process established by the Constitution, requiring approval by the Congress of the Republic.