The Constitutional Court ruled as unconstitutional article 26 and article 28 of the National Development Plan
On April 15, 2021, Constitutional Court judge, Alberto Rojas Ríos, ruled as unconstitutional article 26 and article 28 of the National Development Plan 2018-2022 “Pact for Colombia, Pact for Equity” (“NDP”). Article 26 of the NDP establishes the terms to settle the mining concession contracts by mutual consent of the parties or unilaterally by the mining authority. Likewise, article 28 of the NDP sets the term at which areas subject of mining title or claim of a concession contract become free areas.
The Constitutional Court established that the National Development Plans should refer to a single issue, as is enshrined in article 158 of the Constitution. Hence, the National Development Plan’s legal provisions should involve a direct and immediate connection with its aim and purpose.
In this particular case, the Constitutional Court ruled that articles 26 and 28 of the NDP establish provisions regarding mining concession contracts settling and release of mining areas which do not have a planning aim. Instead, those provisions try to establish mining daily processes ignoring the principle enshrined in article 158 of the Constitution.
Lastly, Constitutional Court judge, Gloria Stella Ortiz, partially abstained of voting as she thought the Constitutional Court ruling should have declared unconstitutional article 28 of the NDP with deferred action, in order to avoid a legal gap and consequently, legal uncertainty.
Author: Ana María Sandoval I asandoval@lloredacamacho.com I Natual Resources / Mining