Constitutional Court declares recusals unfounded in economic emergency case

Colombia's Constitutional Court declared unfounded the recusals by several magistrates to review the economic emergency decree, which includes a wealth tax to address the winter crisis in Córdoba. The full chamber will continue its analysis tomorrow, April 29, after six magistrates recused themselves the previous day. Business leaders and President Gustavo Petro have reacted to the judicial review.

Colombia's Constitutional Court, in its April 28 meeting, rejected the recusals filed by magistrates to step aside from reviewing Decree 0150 of 2026, issued under the economic emergency for the winter crisis in Córdoba. This ruling allows the full chamber to proceed tomorrow with substantive analysis on the constitutionality of the measures, including the wealth tax.

On April 27, six magistrates had recused themselves, temporarily halting the process. The Court found no legal basis for those recusals, paving the way for a potential decision on the decree's legality.

The National Association of Colombian Entrepreneurs (Andi), led by Bruce Mac Master, sent a letter to the Court urging it to declare the decree unconstitutional. They argued it erodes the democratic principle, fails factual presuppositions, does not pass a value judgment, and that the government had ordinary mechanisms available. They requested retroactive effects.

President Gustavo Petro criticized Andi, stating: "No le pareció grave a la Andi la emergencia en Córdoba, Sucre y Urabá". He reiterated his call to march on May 1 in the Caribbean.

The National Business Council, through president Natalia Gutiérrez, warned of "irreversible patrimonial damage" from the tax, questioning government arguments already rejected in Sentence C-075 of 2026 and the $8.3 trillion figure, citing the Comptroller's concerns over uncertainty and lack of traceability.

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Six justices of Colombia's Constitutional Court recused themselves from reviewing the suspension of three government decrees issued amid an economic emergency for the winter crisis in Córdoba. Only three justices did not file recusals, halting the full court's decision on the validity of measures including a wealth tax.

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