The Constitutional Court admitted this Wednesday the first lawsuit against the reform of the general pension systempromoted and recently sanctioned by the President Gustavo Petroafter the Senator Paloma Valenciathe plaintiff of this law, considered that the House of Representatives evade “the debate by accepting the text approved by the Senate of the Republic, without any deliberation or explanation“.
It is, therefore, a unconstitutionality claimwhich was assigned to the office of the Court magistrate, Jorge Enrique Ibanez Najar.
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Among the arguments, the senator of the Republic assured that “It is up to the Congress of the Republic to deliberate (on) all the aspects submitted for consideration, which includes not only the text proposed in the report, but also the proposals submitted by the congressmen in the development of the debate.”. In total, Nearly a hundred lawsuits against the pension reform have reached the offices of the Constitutional Court.
The law, being ordinary, did not pass to the direct control of the Constitutional Court, but will begin to be reviewed by this court with this first demand from the senator of the Democratic Center party.
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This Law, 2381 of 2024, “by means of which the comprehensive social protection system for old age, disability and death of common origin is established”, plans to incorporate a three-pillar system and the affiliation of all Colombians to the average premium regime, starting July 1, 2025.
Likewise, the congresswoman also stated that the rule provided for in the Article 93 of Law 2381 of 2024 “established a special pension system for indigenous peoples, black, Afro-Colombian, Raizal, Palenquera and peasant communities despite the express prohibition established in the Constitution“.
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However, he points out that, on this measure, “Article 48 of the Political Constitution, modified by Legislative Act 01 of 2005, established the express prohibition of establishing special or exceptional pension regimes, without prejudice to what is applicable to the Public Force and the President of the Republic.”.
PORTFOLIO
*With information from EL TIEMPO – JUSTICE