Economic Emergency Decree Signed and Filed Amid Deficit Crisis

Following last week's announcement of plans for an economic emergency decree, Interior Minister Armando Benedetti confirmed its signing by all cabinet members on December 18 and filing the next day. The measure addresses a 16.3 trillion peso shortfall in the 2026 budget after tax reform's failure, targeting high-income sectors to secure public debt payments and avoid rising country risk.

Interior Minister Armando Benedetti announced the decree declaring a state of economic emergency—previously detailed in draft form by Finance Minister Germán Ávila—has been fully signed and submitted. This exceptional step ensures resources for priority state obligations, with the burden placed on those with greater economic capacity, such as the 'mega-rich' via taxes on liquors, gambling, and large financial entities.

Ávila reiterated the 16.3 trillion peso gap in the 2026 General National Budget. Planned revenues near 16 trillion pesos through measures including an asset tax on entities over 40,000 UVT, extended financial transaction tax, VAT on online games, tobacco hikes, and a temporary levy on hydrocarbon and coal extraction.

Benedetti warned that failure to act would elevate country risk, erode international confidence, and jeopardize infrastructure like 4G projects, as constitutional priorities demand debt servicing first.

Business groups, including the National Business Council and Andi (led by Bruce Mac Master), criticized the decree's constitutionality, arguing the foreseeable deficit lacks the required unforeseen gravity and imminence. They seek Constitutional Court review and potential suspension to avert harm.

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President Gustavo Petro signed Decree 1390 of 2025 declaring a 30-day economic and social emergency in Colombia after the Congress sank the financing bill. The measure aims to raise funds to cover a $16.3 trillion deficit and ensure essential services like health. The announcement sparks legal and political debate, with reviews pending from the Constitutional Court and Congress.

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Following Finance Minister Germán Ávila's announcement of an economic emergency to raise 16 trillion pesos for the 2026 budget, major Colombian business associations including Fenalco, Andi, and the National Business Council have urged the Constitutional Court to review and potentially suspend the measure, arguing it fails constitutional tests amid concerns over economic stability.

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The Constitutional Court suspended President Gustavo Petro's economic emergency decree from December 2025, an unprecedented move halting measures like a tax reform by decree. Huila representatives in Congress voiced divided opinions on the fiscal, legal, and political ramifications of this ruling. Some hail it as a check on an unconstitutional 'decree blitz,' while others decry the constraints on tackling the economic crisis.

Building on the December 22 cabinet meeting at Olivos where these were prioritized, Javier Milei's government secures approval of the 2026 Budget and enacts the Fiscal Innocence Law. These milestones ensure fiscal discipline amid IMF demands but face criticism over impacts on vulnerable groups like the disabled and public workers. Analysts hail macroeconomic gains while cautioning on social costs for 2026.

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The debate on Colombia's Financing Law in Congress was suspended until Tuesday due to lack of quorum in the Fourth Commission of the House of Representatives. The bill aims to raise $16.3 trillion to fund a 2026 budget of $546.9 trillion, but faces opposition and potential cuts if not approved. President Gustavo Petro warned of a possible default, while experts like Anif dismiss that risk.

 

 

 

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