:quality(85)/cloudfront-us-east-1.images.arcpublishing.com/infobae/CM46WYLTMFGRDCJPEFLAFLDGNQ.jpg "Controversy continues over the Ministry of Equality: it has more budget than six portfolios")
For the year 2024, the budget assigned to the Ministry of Equality was increased to $1.3 billion – credit @FranciaMarquezM/X
The sanction of Law 2281 of 2023 brought with it the formalization of the Ministry of Equality and Equity, led by Vice President Francia Márquez. This new agency assumed responsibility for the Family, Deaf and Blind Welfare Institutes and stood out from its conception for the initial budget allocation of $500,000 million for 2023, a figure that exceeded the budgets of key ministries such as Technology, Justice, Science and Transportation.
By 2024, the budget assigned to the Ministry of Equality was increased to $1.3 billion, ranking above the ministries of Commerce, Industry and Tourism, Foreign Affairs, Transportation, Science, Technology and Innovation; Justice and Law; and Information and Communications Technologies.
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The Minister of Equality and Equity defended the low execution of the portfolio – credit Darwin Torres/Vice Presidency
Support for the legality and sustainability of this ministry came on September 6 through the Attorney General’s Office, led by Margarita Cabello, who endorsed its creation with the understanding that it did not compromise the fiscal sustainability of the country.
However, the management of the Ministry of Equality soon became embroiled in controversy when, on April 23, the Comptroller General of the Republic reported a low execution of the assigned budget, identifying an investment of 0.36% by this ministry during the first quarter of 2024, the lowest recorded within the cabinet.
Faced with these questions, Márquez defended the work of the ministry, and argued the operational challenges that arose after its legal formalization. The controversy reached its peak on Wednesday, May 8, when the Plenary Chamber of the Constitutional Court declared the unconstitutionality of Law 2281 of 2023 due to errors in the legislative process; thereby leaving the ministry without a legal basis, in a decision that will come into force in June 2026.
The Court warned that this decision could affect the implementation of public policies aimed at guaranteeing the rights of groups with special protection, such as mothers who are heads of households and people with disabilities, making a clear reference to the principle of equality and its legal implications.
The Constitutional Court declared the unconstitutionality of Law 2281 of 2023 due to errors in the legislative process – credit Luisa González/REUTERS
Senator Paloma Valencia, of the Democratic Center, promoter of the legal action against the ministry, indicated that, although they aspired to an immediate application of the ruling, the high court chose to postpone its effects to mitigate possible administrative consequences. Valencia criticized the Government’s lack of clarity about the fiscal impact of the project and the high investment in bureaucracy associated with the ministry.
Varied reactions were not long in coming after the Court’s decision. Although some sectors applauded the government’s intention to promote equality, they agreed on the need for prudent fiscal management and the adoption of effective measures against the waste of the public treasury.
Personalities such as former magistrate Nilson Pinilla highlighted the importance of adhering to strict parameters in resource management, in a context where the tendency to excessive spending must be controlled.
The basis for the ruling is based on the lack of action by Congress to analyze the fiscal consequences that the establishment of the ministry would imply, thus contravening Law 819 of 2023, which dictates principles of “budget, responsibility and fiscal transparency.”
According to the Court, this lack in the fiscal analysis violates article 151 of the Magna Carta, which dictates the criteria for the endorsement of ordinary laws, including the assessment of their impact on the budget.
Despite pointing out this ruling, the Court grants a margin of two years to correct the problem – credit Presidency of Colombia
“This omission violated article 151 of the Constitution, according to which compliance with the requirements for the approval of ordinary laws provided for in organic laws, such as Law 819 of 2003, constitute a parameter of constitutionality and validity,” he indicated. court.
Despite pointing out this ruling, the Court grants a margin of two years to correct the problem. During this time, the law is required to be discussed in four debates in Congress before June 2026.
In this way, although the Court’s decision announces the unconstitutionality of the omission, its repercussions will not have an immediate effect. With a deadline until July 20, 2024 to begin, the legislature faces two paths: correct the failure by adjusting its process in order to satisfy constitutional and legal mandates, including the analysis of the fiscal implications that the creation of the ministry entails, or face the possibility of the bill being definitively rejected.