He Bill establishing VAT-free days As a matter of state policy, it must return to Congress. This is after the initiative was objected to by President Gustavo Petro on the grounds of unconstitutionality and inconvenience.
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The proposal, which was approved in its four debates in the Legislature, had the purpose of cAny government could declare a VAT-free day up to three times a yearTo do so, the figure established during the administration of former President Iván Duque to stimulate the economy during the COVID-19 pandemic would be taken as a basis.
As explained by the Executive, the project “It was a parliamentary initiative, not a governmental one, and during the legislative process, it did not have the support of the National Government on the matter under discussion.” It was also argued that the aforementioned model was adopted considering the economic situation arising from the health crisis and at the current time does not comply with the fiscal impact studies that the proposal must have.
VAT-free day
What will happen to the project?
For context, the processing of presidential objections is regulated in articles 165, 166, 167, 168 and 241.8 of the Political Constitution of 1991, which are regulated by Law 5 of 1992. According to the regulations, these can be of two types: due to inconvenience or unconstitutionality.
Now, when the President objects to an initiative, This must be returned to the Chamber in which it originated.for a new debate. If the objection is partial, it will be submitted to the Permanent Commission; if it is total, it will be submitted to the Plenary Session of each Chamber.
If the Chambers insist on an absolute majority of votes, two paths may arise.
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Congress of the republic.
Firstly, if the proposal was objected to on the grounds of inconvenience, it is referred back to the head of state and he must be sanctioned without being able to present new objections. If this is not done within the stipulated period, this task will fall to the President of Congress.
If the objection was motivated by unconstitutionality, the initiative will be sent to the Constitutional Court for a decision on its constitutionality within the following six days. If it rules in favor, the president must sanction the law; if, on the contrary, the high court declares it unconstitutional, the project will be archived.
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