Health reform: What are the doubts about the process in Congress that could bring down the project

One of the most anticipated debates of the Congress of the Republic is the one with the reform to health. Although the national government tabled the text in a pompous public event at Narino Palace, it is not yet known when the process will begin, as certain legal conditions could vitiate the procedure and overturn the law after its approval. It must define what type of law it is and, if necessary, modify the decree of the extraordinary sessions.

The project is located in the Secretary of the House of Representatives, in which the text was deposited. This would be the one dictating how the procedure should be performed, initially if as a statutory law or one ordinarywhich depends on when you can start the debate.

Statutory laws are those dealing with the recognition and guarantee of fundamental rights. It ranks higher than other types of laws, so the constitutional Court said more than fifty times that they could not be discussed or voted on during extraordinary sessions of Congress. Even for this reason, the Electoral Code was repealed in 2021.

For some experts, such as the magistrate of the National Electoral Council César Lorduy, health reform would be statutory because it regulates this fundamental right. However, members of the government and the same health Minister, Caroline LiegeThey claim it’s an ordinary law.

“It was consulted with the most senior constitutionalists in this country. It’s a common right. In Colombia, there is already a health law (Law 1751 of 2015). This ordinary law is inspired by this statutory law, it quotes this law, but it is not an amendment. It is not a statutory law, it is a law that reorganizes the financial aspects, the provision of services, the structural aspects of a system,” Corcho told Snail radio.

It is on this definition that the first debate in the First committeewho should know if it is statutory, or du House Seventh Committee, which deals with health issues. Among the latter, the representative of the Alianza Verde party, Martha Alphonseassured that the process will begin in this committee.

“It will be dealt with by the Seventh Committee because it is an ordinary law. It is a law which develops what is contained in the Statutory Law 1751, which is the one which declared the right to health as fundamental right. This reform that has been tabled develops its content but can in no way be understood as statutory law,” said Alfonso.

Represent it Olga Lucia Velazquez agrees that it should be an ordinary law, because it regulates the fundamental right. “If he changes the statutory law, we would have a different path,” he said. But not everyone agrees with this position.

Represent it Catherine Juvinao He pointed out that experts have pointed out that this is a statutory law, so he warned that the constitutionality of the future law should not be compromised. “Be careful, the treatment of a right falls under written law, in the sense that they made a mistake and that they must amend themselves,” he warned. Alexandre Carlos Chaconof the Liberal Party. coincide with them Alexandre Vega there Carlos Fernando Motoa.

When will the health reform process begin?

The start of the debates of the project in the Congress of the Republic depends on the previous discussion. If it is a statutory law, in order not to taint the procedure, you must start your discussion from the March 16 when the regular sessions.

If it is decided that it is an ordinary law, it could be discussed in the extraordinary sessions convened since February 7, but the presidential decree by which Congress was convened should be modified, since the Corcho project was not included.

“If the extraordinary decree is not modified and includes the health reform, the debate would start until March. But everything depends on the decisions taken by the government. What I can say is that we are ready, in the Seventh Committee, to give this important debate for the health of all Colombians,” he said. GlobeLiveMedia colombia Agmeth Escafchairman of the committee.

The representative who will have to move the process forward if it is an ordinary law, stressed that “as soon as there is a decision, from the legislator and from the bench of the Covenant we are ready to move forward with this reform which aims that health is no longer a business, but rather that it is a right guaranteed throughout the country”.