One day after the council of state decree the precautionary measure of urgency of provisional suspension of decree 0227 of 2023, which gave him control over the regulation of public services to the President Gustavo Petro, he ruled on the decision.
The president questioned the determination and said that his constitutional powers to regulate and control public services are under legal discussion, something that, he added, “it is written in the constitution“.
(See: They suspend the decree with which Petro assumed regulation of services).
“Now it seems that since Petro is the president, then he cannot have his constitutional powers“he added from San Andrés, where he met with the community.
On Thursday, March 2, the Council of State resolved a request for an urgent precautionary measure submitted by Julián David Solorza Martínez and Lucas Arboleda Henao.
(See: President Petro asks the financial system to lower interest rates).
“The urgent precautionary measure of provisional suspension of the legal effects of Decree 227 of February 16, 2023, an administrative act signed by the President of the Republic, by the ministers: Finance and Public Credit, Mines and Energy, and of Housing City and Territory, and by the Director of the Administrative Department of National Planning, in accordance with the reasons stated in the present provided“, decided the Council of State.
He added that “The office notes that this precautionary measure of provisional suspension means that the commissions for the regulation of residential public services will continue to exercise, in an ordinary way, all the functions that were assigned to them in Laws 142 and 143 of 1994, and others concordant norms, in the terms indicated in this decision”.
(See: Industrial unions set red lines for labor reform).
And he closed by saying that “The fact that the President of the Republic intends to assume powers that, by virtue of articles 73 and 74 of Law 142 of 1993 and 20 and 23 of Law 143 of 1994, are not adjusted to these superior norms, is not adjusted. of its spring, while they were attributed by the legislator directly to the CREG and the CRA”, says the document of the Council of State“.
Public services.
In mid-February, Decree 0227 of 2023 was signed by the President of the Republic, Gustavo Petro; by the ministers of Finance and Public Credit, Mines and Energy, and Housing, City and Territory, and by the director of the Administrative Department of National Planning.
(See: Petro asked the Prosecutor’s Office to investigate his brother and his eldest son).
The document established that the president would resume the general functions delegated to the Drinking Water and Basic Sanitation Regulation Commission (CRA) and the Energy and Gas Regulation Commission (Creg).
This decision was made based on article 68 of Law 142 of July 11, 1994 and would be in force for three months (between February 16 and May 16, 2023).
(See: Requests from energy unions to Petro to avoid affecting users).
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