:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/WEUIVVH2UNBHBAFHAATK5VBSZY.jpg "The Council of State suspends the decree that assigned functions to Petro for the control of public services 1")
On the afternoon of March 2, 2023, the Board of state confirmed the suspension of the decree which granted the President Gustavo Petro functions of assuming control of public services in the country.
According to information provided by the Administrative Dispute Chamber of the Council of Statethe Residential Public Services Regulatory Commissions will be responsible for carrying out, in an ordinary manner, the functions assigned to them in Laws 142 and 143 of 1994.
Consequently, the Council of State decreed “the urgent precautionary measure of provisional suspension of the legal effects of decree 227 of February 16, 2023” by which some of the presidential functions of a regulatory nature in the field of public services are taken over as domicile and others of provisions are dictated’”.
This decree, now suspended, was intended for President Gustavo Petro to assume responsibility for regulate utility pricesa task that had not had a national representative since 1994.
This document was signed by the President of the Republic, Gustavo Petro and the Ministers of Finance and Public Credit; Mines and Energy; Housing, City and Territory and by the Director of the Administrative Department of Territorial Planning.
President Gustavo Petro took the decision to regulate the prices of public services through Decree 227 of February 16, 2023, with the aim of lowering the tariffs, for example, of the energy service which in 2022 increased by 22.40%
Petro has therefore decided to no longer delegate his duties to the utility regulatory commissions, “this president has decided not to delegate his duties to the utility regulatory commissions, at least for a time. So I will assume control, the policies of the General Administration of Colombia, directly and personally, based on what the law itself says: first, the general interest and that of the user “.
But depending on the medium Weekthe said decree was prosecuted by the lawyers of the firm DLA Piper Martinez Beltran, personally. This request was made through the Administrative Service of the Presidency of the Republic in which defects of form and substance were invoked in the nullity of the decree.
The 56-page complaint was filed with the Administrative Dispute Chamber of the Council of State and in it, a “simple nullity action” was requested.
According to the lawyers, the decision to pursue the decree was made because the national government failed to meet the prior publicity and socialization requirements required by law, where it is the entity’s obligation to publish the decree. decree for a minimum of 15 calendar days. so that citizens can formulate opinions, proposals or suggestions in this regard.
“However, as evidenced by the defendant’s act and its respective supporting report, this period was unduly limited from 15 to 2 calendar days,” the complaint added.
Therefore, for the lawyers, the publication of the decree for only two days resulted in “a manifest violation of the rights to information and citizen participation, and to this extent, a serious defect that materializes in the irregular publication of the decree “. decree now requested”.
The complaint clarifies that President Petro can only resume the functions that he has expressly delegated, but with Executive Order 227 he resumes the powers granted to him by the Energy and Gas Regulatory Commission and the Commission of water regulation, “by the legislator, for which he does not have authorization.