In the midst of a strong debate for the limbo that is being generated in the country, the deadline for the House of Representatives to present the minutes of the Voting of the Pension Reform came to an end. This Friday expires the deadline that the Constitutional Court granted to the Legislative to deliver this key document for the High Court to determine whether Law 2381 of 2024, which reformed the pension system, meets the processing requirements and can enter into force.
It should be remembered that Judge Jorge Enrique Ibáñez Najar, through Providencia, agreed Last week to extend the deadline requested by the presidency of the Chamber, but warned that the final date would be September 19 at 5:00 in the afternoon, and that it is not a new requirement but the same report required since July 22.
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In its resolution, the Court was explicit in which “article 50 of Decree Law 2067 of 1991 forces public servants to collaborate with the High Court, and their breach may lead to sanctions.”
The warning is not lower by taking into account that this high court made it clear that if it does not receive the minutes, it will use other mechanisms to verify if the requirements of approval of the reform. This includes reviewing recordings, certifications and other internal documents of the Congress.
The next week is expected to be decisive for the future of this law.
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In other words, the fate of pension does not depend solely on the delivery of the Chamber, although the absence of the act generates doubts about the transparency and validity of the legislative procedure.
The concept of the Attorney General’s Office
In parallel, the Attorney General’s Office intervened in the process with a concept Sent to both the Chamber and the Court, in which the attorney Gregorio Eljach Pacheco defended the need for the principle of good faith established in article 83 of the Constitution, which supports the presumption of legality of the actions of the Congress while the Court does its background analysis.
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“It is essential that the Constitutional Court, in procurement of justice and general interest, can continue in the most famous way possible with the analysis of the correction of the indicated procedure vice,” Eljach said in his trade, where he also stressed that Law 2381 of 2024 “should have entered to govern more than two months ago.”
For the control agency, the delay has directly affected millions of Colombians who face conditions of job precariousness and economic limitations and need to have clarity Faced with how the new system will be and, in some cases, whether or not the State aid will be received.
The next week is expected to be decisive for the future of this law.
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The position of the Attorney General’s Office, in summary, is that the formal requirements cannot become an obstacle that indefinitely prolongs the entry into force of a norm that seeks to relieve the situation of older adults without pension and reorganize the individual and distribution savings system.
A limbo with social impact
The discussion about the procedure is not merely technical if you keep in mind that of the decision The fate of a reform depends on the Court that touches more than 3 million older adults without access to pension, as well as workers who expect clarity about the new pillar scheme approved in Congress.
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That is why the lack of legal certainty, they point out analysts, not only hits confidence in the political system, but also keeps the country’s fiscal and social planning in suspense.
The delay, in addition, occurs in a context of tax narrowness in which the Government had projected that the application of the pension would contribute to relieve the pressure on the budget by moving part of the charges to the new solidarity scheme. However, with the law suspended in the air, these calculations have been postponed and uncertainty is multiplied.
The next week is expected to be decisive for the future of this law.
Chatgpt image
Meanwhile, the clock marks the end of the deadline and the institutional pulse continues. If the Chamber does not deliver the minutes this Friday, the Court will have to decide whether it advances in the analysis with the information available or if you consider breach an insurmountable obstacle. The truth is that, meanwhile, pension reform still does not go into force, prolonging the uncertainty of millions of Colombians waiting for answers.
Daniel Hernández Naranjo
Portfolio journalist
