Attorney General of the Nation
Photo: Oscar Perez
Attorney General Margarita Cabello sent a positive concept to the Constitutional Court, which is studying a lawsuit that asks to completely overturn the Social Investment Law: the new tax reform that seeks to collect $15.2 billion. The head of the Public Ministry considered that in the debate of the new norm in the House of Representatives the principle of publicity was never ignored.
“The Entity found that the initiative was deliberated in a session that lasted almost 13 hours, in which the different parliamentarians were heard, the proposals presented were discussed and the articles were approved, without noticing any irregularity,” the Attorney General’s Office explained. , on the constitutionality of Law 2155 of 2021.
Against the Social Investment Law, tax reform of the Minister of Finance José Manuel Restrepo, replacement of Alberto Carrasquilla, four lawsuits of unconstitutionality remain active. One of them presented last September by the representative to the Chamber Carlos Germán Navas Talero, who argued that the project became law without due compliance with requirements.
“In order for the parliamentary debate to take place under conditions of constitutional validity, it is necessary that the principle of publicity has been met, which demands (…) that the congressmen have had the opportunity to know what the content of an initiative is. submitted for its approval, since the material capacity to intervene in a discussion depends on it and, therefore, so that a deliberative democracy can validly exist,” Navas explained in his lawsuit.
As Navas Talero explained, there were only 13 and a half hours between the publication of the agenda on September 6, 2021 and the initiation of the debate on the Law, on September 7, 2021 at 9:00 a.m. Under your considerations, it was impossible for a parliamentarian to read the 67 pages that contain the new tax reform presented by the Duque government.
However, given the alleged lack of time to review the presentations, the Attorney General’s Office indicated that it would be a mere individual opinion. Assessment that “contrasts with the decision of the majority not to postpone the debate, given the proposal presented by the representative Mauricio Toro in that regard, which was rejected by the Plenary with a vote of 113 votes against and 33 in favor, under the understanding that they had sufficient enlightenment on the matter.”
According to Minister Restrepo himself, the new tax reform seeks to generate employment opportunities and reactivation mechanisms, in the face of the crisis generated by COVID-19. The Payroll Subsidy will be reactivated, which according to its calculations in 2021 favored 60,000 micro-enterprises and 400,000 employees.
You can read: Congress gave its endorsement to the third tax reform of the Duque Government
“The approved project will benefit a total of 500,000 young people, 216,000 women and will create another 264,000 jobs, thus recovering around a million jobs. The Law included free tuition as a State policy, for students in vulnerable conditions, which will benefit 695,000 students in the country,” Restrepo wrote for The viewer in December of last year.
Minister Restrepo’s proposal is a consequence of the failed tax reform presented by former Minister Carrasquilla, who today is installed on the board of directors of Banco de la República. The Carrasquilla project was widely rejected by civil society, to the point that marches were called in the main cities of the country on April 28, 2021, which lasted until September. The national strike.
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