1. Completion of the construction of the headquarters of the Integrated College of Cabrera.

2. Paving of the road San Gil-Cabrera-Barichara '.

As can be observed, Article 2o of this project is inviting the National Government to assign and/or promote budget items to advance public or social works of interest, in no Time is compelling to the Government to execute such items.

The case law of the Constitutional Court has been emphatic in the face of the objections of unconstitutionality that the government argues for this class of bills. In this sense, the Court states that if a law that decrees a public expenditure enshrines an imperative mandate directed to the Executive, it is inexequable, but it is a law that limits itself to decree a public expenditure and as It is only a sufficient legal title for the eventual inclusion of the corresponding item in the budget law, the same will be in accordance with the higher mandates, the analysis is based on the grammatical structure used by the legislator.

The Office of the Attorney General of the Nation, in Concept 3841 of June 2005, addressed to the Constitutional Court, within the constitutional procedure that ended with Judgment C-729 of 2005, conceptualized:

' Thus, we can conclude, in accordance with the constitutional text and the Constitutional Court's proposals, that the laws by which Congress decrees public expenditure, conform to the constitutional order provided that they are limited to enabling the Government to include these expenses in the draft budget. On the contrary, they are unconstitutional, if through such laws it is intended to force the government to execute a certain expense. '

[El Universal] It is to be understood that this bill is simply creating a legal title that will serve as a basis for the government, if it deems it appropriate, to incorporate in the General Budget of the Nation the necessary items for to satisfy the attentions previously decreed by the Congress, without disknowing the article 7or Law 819 of 2003, as well as the inconsistencies that the National Government considers, from the point of view economic, will be raised at the very moment of making or not the expenditures in the budget. In this last sense, the Constitutional Court has pointed out, in Judgment C-502 of 2007, that ' to admit that Article 7or Law 819 of 2003 constitutes a requirement In practice, it means, in practice, that the law of the Congress to legislate and to grant the Ministry of Finance a considerable amount of money will be put into effect. sort of veto power over bills ', and in turn states that' accept that the conditions set out in Article 7or Law 819 of 2003 constitute a procedural requirement that it is incumbent upon you to comply only and exclusively to the Congress reduces In the case of the National Assembly, the government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Legislative '.

Moreover, article 102 of Law 715 of 2001, states:

' In the General Budget of the Nation, no appropriations will be included for the same purposes as this law, in order to be transferred to the territorial entities, different from the participations regulated in it, without prejudice to the budgetary appropriations for the execution of functions by the Nation with the participation of the territorial entities, the principle of concurrency and the co-financing items for development programs exclusive competence functions of the territorial entities '. (Underlined outside of the original text).

It follows from the foregoing that the items referred to in Article 2o of the contested project, where this Act 715 of 2001 is invoked, may be included in the National Budget in order to be met. the requirement of co-financing in the execution of the works that are indicated, which means that the option is being consecrated to the Nation to carry out the works authorized through the system of concurrency, as an exception to the restriction the budget of the nation to assume obligations that it corresponds to the territorial entities with the resources of the transfers.

In that order, the content of Article 7or Law 819 of 2003 is not unknown either, provided that, as is evident in the bill that we are dealing with, authorization to the National Government is not an imperative. The Commission will be able to take the necessary steps to ensure that the Community's financial resources are available to the European Parliament and to the Commission and to the Member State concerned. in the referred project.

The Constitutional Court, faced with the latter, has expressed, in Judgment C-1113 of 2004, the following:

' To make it clear and in case of future Ministry of Finance concepts that could hinder the normal process of the project, it is also not being authorized to conclude any agreements or contracts as well. by adopting any type of cofinancing, situations which would lead to arguments of unconstitutionality. In this case, the authorizations given to the National Government are framed within the exceptions provided for in Article 102 of Law 715 of 2001 (Coordination, Subsidiarity and Concurrency), i.e. covered by the co-financing system do not violate the National Constitution

In the project, it is pointed out without giving rise to another interpretation, which is the National Government that will promote and define the instruments for adaptation, restoration, protection and conservation; it wants to say, first, that the The municipality and the department will also contribute resources available to address these projects; and second that it will be the National Government that discretionally adopts the financing mechanism. Underlined outside of the original text.

In the light of the above, the authorization indicated in Article 2 of this project cannot be understood as an imperative order, but allows it to be clearly colegated that it is only an authorization of an expense for the government to include the corresponding items, directly and/or by means of the co-financing mechanism.

In addition, the government's legal interpretation cannot be so drastic that it does not know the objectives it has set itself, since the National Development Plan (Law 1151 of 2007), in the article 129, notes: 'Projects by Viabilize. The National Government will accompany the territorial entities in the design and structuring of projects in the annex that, even if they are not included in the present National Investment Plan, are important to contribute to the achieving greater competitiveness, productivity and social impact of the regions, and to continue advancing the goals of the internal agenda and the Vision Colombia Second Centenary, for further inclusion in the Investment Projects Bank National, BPIN. Some of these projects will be funded from the $1 billion credit that this law refers to. '

It is therefore, that the Constitutional Court will be asked to declare the exequability of the bill in comment, given that the authorization of the National Government for the construction of the infrastructure works there is not a mandate of mandatory compliance, requiring compliance with the requirements of Article 7or Law 819 of 2003.

Conclusion:

It should be noted that article 2o of the precious bill authorizes the government to participate in public works, this being an appeal or invitation, which cannot be understood as an imposition.

With the foregoing considerations, we ask the Plenaries of the Senate of the Republic and the House of Representatives, to reject and to declare unfounded the objections for reasons of unconstitutionality presented by the President of the Republic Bill number 210 of 2007 House, 021 of 2007 Senate, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, in occasion of the celebration of the two hundred (200) years of its foundation and other provisions are dictated, and therefore refer the file of this bill to the honorable Constitutional Court, so that in the term of six (6) days, as expressed by the numeral 1 of article 199 of the Law 5th of 1992, decide on its exilibility. "

VI. CITIZEN INTERVENTION

In order to guarantee citizen participation, the process was set on the list so that those who wished to intervene could expose their appreciation to this Corporation. The intended term ended in silence.

VII. CONCEPT OF THE NATION ' S ATTORNEY GENERAL

The Attorney General of the Nation, by way of concept of November 25, 2008, considers that the presidential objections made to Article 2o of the bill are unfounded and, consequently, requests the Court to declare the exequability of the same.

Chief of the Public Ministry begins reiterating that the Political Constitution of 1991 establishes as a general rule for the Congress, that of the free legislative initiative in budgetary matters and in particular, regarding the initiative of the expenditure. It adds that this parliamentary competence develops the principle of the legality of public expenditure, according to which it is incumbent upon the Congress, in its capacity as a popular representative body, to order the necessary steps to implement the commitments. inherent in the rule of law. However, the Attorney General continues, the constituent by way of exception, reserved for the executive the legislative initiative in relation to some aspects of this.

the Attorney General explains that the laws that create public spending are simply legal titles that will serve as a basis for the government, if it deems it appropriate, to incorporate into the General Budget of the Nation the necessary items to satisfy the obligations previously decreed by the Congress.

Adds Fiscal View: " Laws that authorize public spending do not have the legal aptitude to directly modify the appropriations law or the National Development Plan, nor can they perentoriously order the Government to make the relevant budget transfers under which it is intended to obtain resources to defray the costs that its application demands.

(...)

This means that in the area of public spending, the Political Charter made a division of powers between the Congress and the National Government, so that both of them have the initiative of spending according to the precepts constitutional, and they must act in coordination within their powers. Thus, the government requires the approval of its projects by Congress and the Congress requires the consent of the government, who will determine the incorporation of the expenses decreed by the Congress, as long as they are consistent with the National Development Plan and the Nation's General Budget, as stipulated in Article 346 of the Charter.

(...)

Consequently, the Executive is the constitutionally empowered body to formulate the expenditure budget, consulting the indeferrals social needs, the existence of resources for its financing and the programs and projects contained in the National Development Plan Law, without the Congress having the power to impose the inclusion of items that guarantee the execution of expenditures decreed by a previous law, which also does not mean that the A legislator has no initiative in the field of public expenditure.

Thus, we can conclude, in accordance with the constitutional text and the proposals of the Constitutional Court, that the laws by which the Congress decrees public expenditure, conform to the constitutional order provided that they are limited to enabling the Government to include these expenses in the draft budget. On the contrary, they are unconstitutional, if through such laws it is intended to force the government to execute a certain expense.

(...)

Thus, in concept of the Public Ministry, the grammatical structure used by the legislator in the text of the article 2o of the draft object, in stating that: ' authorize the National Government to comply with the article 102 of Law 715 of 2001, include within the General Budget of the Nation, the budget items to attend ... ' is not of those that could be understood as an imperative order, but it allows to be clearly colegated that it is only an authorization of an expense for the government to include the corresponding items. For this aspect, the Dispatch finds that the object project conforms to the Policy Charter ".

As for article 7or Law 819 of 2003, the Public Ministry concludes that this rule constitutes an instrument for streamlining legislative activity, so that it can be carried out with the knowledge of The tax costs generated by each of the laws passed by the Congress of the Republic, also allowing the laws issued to be in harmony with the country's economic situation and with the economic policy outlined by the authorities. corresponding. However, for the Fiscal View, this rule does not represent a burden on Congress in the formation of bills.

Therefore, explains the Attorney General of the Nation, " the importance that arises from the content of Article 7or Law 819 of 2003 is not unknown, however, when it is evident, as in the present case, that the authorization of the National Government is not an imperative of immediate compliance, but a faculty that must be adhered to in the measure of the budgetary possibilities and under the mechanism of the co-financing, requirements referred to in that Article shall not be erected on a vice which generates the unconstitutionality of the provision demanded (sic.) "

VIII. CONSIDERATIONS AND FUNDAMENTALS

1. Competence

Pursuant to the provisions of Articles 167 and 241, numeral 8 of the Political Constitution, the Court is competent to decide definitively on the constitutionality of the rules objected to by the National Government, in respect of which the Congress insists on its approval.

2. Analysis methodology

Before the substantive examination of the objections is brought forward, it is necessary to determine whether the budgets for this purpose are met. Accordingly, the Court will begin by analyzing what these requirements are and whether they meet in the present case, specifically as regards the opportunity in their formulation and the insistence of the Congress of the Republic.

3. Procedural requirements for the substantive examination of the objections to unconstitutionality formulated by the Government

For the Court to be able to address the substantive examination of objections to unconstitutionality, two questions must be examined in advance: (i) whether the government made them in a timely manner and (ii) whether the Congress dismissed them and insisted on the project approval.

3.1. The first requirement is provided for in Article 166 of the Political Constitution, in accordance with Article 198 of Law 5 of 1992-Regulation of the Congress. According to these rules, the National Government has six (6) days to return with objections any bill that does not consist of more than twenty articles, ten (10) days when the project is twenty-one to fifty articles, and twenty (20) days when the articles are more than fifty; if not in that time the President is obliged to sanction him and enact the corresponding law_[14].

Article 166 of the Political Charter also states that if, at the time of filing objections, Congress is in recess, the President shall publish them within that period. To this end, it is necessary to take into account the provisions of article 138 of the Constitution, according to which the Congress, in its own right, will meet in ordinary sessions for two periods per year. which will constitute a single legislature: the first session begins on July 20 and ends on December 16, and the second begins on March 16 and concludes on the following June 20_[15].

3.2. The second requirement for the Court to be able to address the substantive study of objections is the insistence of Congress on the bill's approval. In this regard, Article 167 of the Charter states that any draft objectionable will return to the legislative chambers for the second debate and warns that when the government objects to the unconstitutionality, "if the cameras insist", the matter will be referred to the Court to decide on its exilibility.

The case law has explained that the insistence of the legislative chambers, which in any case must have a minimum charge of argumentation_[16], constitutes " the starting point for it to be able to decide on the exequability or inexequability of the object project " _[17]. Furthermore, it has considered such a requirement as the " true procedural budget of constitutional control " _[18]. Likewise, he pointed out that in order to insist on the approval of a project, the Chambers cannot exceed the deadline of two legislatures, the first being the one "that is taking place at the time the respective project is returned" _[19].

In sum, when one of the previously annotated procedural requirements (timely presentation by the government and insistence in Congress ' time) is not met, the Court should refrain from issuing a substantive statement regarding the Formulated insistence_[20].

4. Government objections and opportunity in their formulation

4.1. In this case, the text of Bill 021 of 2007 Senate, 210/07 Camara, "examined by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the Celebration of the two hundred (200) years of its foundation and other provisions are dictated ", consists of four (4) articles.

Therefore, the term to return it with objections was six (6) business days, counted from the day following the receipt of the same by the National Government.

According to the evidence in the file, the project was received at the Presidency of the Republic on 16 July 2008_[21], then the term for objections was due on 23 July (23) of 2008.

4.2. The Court observes that the requirements laid down in Article 166 of the Constitution were duly addressed. In fact, the objections to Article 2o of the draft were sent on July 23, 2008_[22], that is, within the six (6) days required in the Political Charter (article 166).

Cleared this first issue, to address a background analysis remains to be established if Congress effectively dismissed the Government's objections and insisted on the bill's approval.

5. Processing of objections in the Congress of the Republic

5.1. Objections report

Received the presidential objections in the Congress of the Republic, the Senate and House boards appointed an Accidental Commission to study them, which, after analyzing the arguments of the Executive, presented its report to be considered. of each of the plenaries.

5.1.1. Senate of the Republic

-Presentation of the Report. Congressmen Alvaro Alferez Tapias (Representative to the House) and Carlos E. Barriga Penaranda (Senator), presented on August 26, 2008, the " Report on Presidential Objections to Bill No. 210 of 2007 Camera -021 of 2007 Senate ". Your text is the following_[23]:

" PRESIDENTIAL OBJECTION REPORT TO BILL 210 OF 2007 HOUSE, 021 OF 2007 SENATE

by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the 200 years of its foundation and other provisions

Bogotá, D. C., August 26, 2008.

Doctors

HERNAN ANDRADE SERRANO

President

Honorable Senate of the Republic

GERMAN MALE COTRINO

President

Honorable House of Representatives

Bogotá, D. C.

Reference: Disestimation of Presidential Objections to Bill No. 210 of 2007 House, 021 of 2007 Senate.

Respected Presidents:

In order to comply with Article 167 of the Political Charter and Article 199 of Law 5th of 1992, in relation to objections President.-The President-in-Office of the Council, President-in-Office of the Council of the European People's Party, the President-in-Office of the Council of the European People's Party, and the President-in-Office of the Council of the European People's Party. by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the two hundred (200) years of its foundation and other provisions are dictated, according to the following considerations:

The Minister of Finance and Public Credit, in his office on 24 July of this year, raises, in the face of the bill in question, that his article 2o is unconstitutional, ' as it does not in the explanatory statement of the project, nor in the respective process papers, analyzed the fiscal impact of the initiative and the possible sources of financing required for its implementation. Notes, that ' The initiative did not carry out some of the resources required to finance the implementation of the planned works. Nor did it point out the alternative source of resources for such financing. ' And it concludes by stating that'the implementation of the initiative is inconsistent with the Medium-Term Fiscal Framework ' as this implies the ignorance of the mandates provided for in Article 7or Act 819 of 2003 '.

The text of Article 2o of the bill we are dealing with is as follows:

Article 2o. Autorize the National Government to comply with and in compliance with 288, 334, 341 and 345 of the Political Constitution and the competencies set forth in Law 715 of 2001, assign in the General Budget of the Nation, and/or impulse through the national system of co-financing, the necessary budget items in order to advance the following works of public or social interest and of benefit to the community of the municipality of Cabrera, in the department of Santander:

1. Completion of the construction of the headquarters of the Integrated College of Cabrera.

2. Paving of the road San Gil-Cabrera-Barichara.

As can be observed, Article 2o of this project is inviting the National Government to assign and/or promote budget items to advance public or social works of interest, in no Time is compelling to the Government to execute such items.

The case law of the Constitutional Court has been emphatic in the face of the objections of unconstitutionality that the government argues for this class of bills. In this sense, the Court states that if a law that decrees a public expenditure enshrines an imperative mandate directed to the Executive, it is inexequable, but it is a law that limits itself to decree a public expenditure and as It is only a sufficient legal title for the eventual inclusion of the corresponding item in the budget law, the same will be in accordance with the higher mandates, the analysis is based on the grammatical structure used by the legislator.

The Office of the Attorney General of the Nation, in Concept 3841 of June 2005, addressed to the Constitutional Court, within the constitutional procedure that ended with Judgment C-729 of 2005, conceptualized:

' Thus, we can conclude, in accordance with the constitutional text and the Constitutional Court's proposals, that the laws by which Congress decrees public expenditure, conform to the constitutional order provided that they are limited to enabling the Government to include these expenses in the draft budget. On the contrary, they are unconstitutional, if through such laws it is intended to force the government to execute a certain expense. '

[El Universal] It is to be understood that this bill is simply creating a legal title that will serve as a basis for the government, if it deems it appropriate, to incorporate in the General Budget of the Nation the necessary items for to satisfy the attentions previously decreed by the Congress, without disknowing the article 7or Law 819 of 2003, as well as the inconsistencies that the National Government considers, from the point of view economic, will be raised at the very moment of making or not the expenditures in the budget. In the latter sense, the Constitutional Court has stated, in Judgment C-502 of 2007, that 'admitting that Article 7or Law 819 of 2003 constitutes a requirement The process, which creates an additional and exclusive burden on the Congress in the formation of the bills, means, in practice, considerably fencing the power of Congress to legislate and grant the Ministry of Finance a kind of of veto power over the bills ', and in turn states that' accept that the conditions set out in Article 7or Law 819 of 2003 constitute a procedural requirement that it is incumbent upon you to comply only and exclusively to the Congress reduces In the case of the National Assembly, the government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Legislative '.

Moreover, article 102 of Law 715 of 2001, states:

' In the General Budget of the Nation, no appropriations will be included for the same purposes as this law, in order to be transferred to the territorial entities, different from the participations regulated in it, without prejudice to the budgetary appropriations for the execution of functions by the Nation with the participation of the territorial entities, the principle of concurrency and the co-financing items for development programs exclusive competence functions of the territorial entities. (Underlined outside of the original text).

It follows from the foregoing that the items referred to in Article 2o of the contested project, where this Act 715 of 2001 is invoked, may be included in the National Budget in order to be met. the requirement of co-financing in the execution of the works that are indicated, which means that the option is being consecrated to the Nation to carry out the works authorized through the system of concurrency, as an exception to the restriction the budget of the nation to assume obligations that it corresponds to the territorial entities with the resources of the transfers.

In that order, the content of Article 7or Law 819 of 2003 is not unknown either, provided that, as is evident in the bill that we are dealing with, authorization to the National Government is not an imperative. The Commission will be able to take the necessary steps to ensure that the Community's financial resources are available to the European Parliament and to the Commission and to the Member State concerned. in the referred project.

The Constitutional Court, faced with the latter, has expressed, in Judgment C-1113 of 2004, the following:

' To make it clear and in case of future Ministry of Finance concepts that could hinder the normal process of the project, it is also not being authorized to conclude any agreements or contracts as well. by adopting any type of cofinancing, situations which would lead to arguments of unconstitutionality. In this case, the authorizations given to the National Government are framed within the exceptions provided for in Article 102 of Law 715 of 2001 (Coordination, Subsidiarity and Concurrency), i.e. covered by the co-financing system do not violate the National Constitution

In the project, it is pointed out without giving rise to another interpretation, which is the National Government that will promote and define the instruments for adaptation, restoration, protection and conservation; it wants to say, first, that the The municipality and the department will also contribute resources available to address these projects; and second that it will be the National Government that discretionally adopts the financing mechanism. Underlined outside of the original text.

In the light of the above, the authorization indicated in Article 2 of this project cannot be understood as an imperative order, but allows it to be clearly colegated that it is only an authorization of an expense for the government to include the corresponding items, directly and/or by means of the co-financing mechanism.

In addition, the government's legal interpretation cannot be so drastic that it does not know the objectives it has set itself, since the National Development Plan (Law 1151 of 2007), in the article 129, notes: 'Projects by Viabilize. The National Government will accompany the territorial entities in the design and structuring of projects in the annex that, even if they are not included in the present National Investment Plan, are important to contribute to the achieving greater competitiveness, productivity and social impact of the regions, and to continue advancing the goals of the internal agenda and the Vision Colombia Second Centenary, for further inclusion in the Investment Projects Bank National, BPIN. Some of these projects will be funded from the $1 billion credit that this law refers to. '

It is therefore, that the Constitutional Court will be asked to declare the exequability of the bill in comment, given that the authorization of the National Government for the construction of the infrastructure works there is not a mandate of mandatory compliance, requiring compliance with the requirements of Article 7or Law 819 of 2003.

Conclusion:

It should be noted that article 2o of the precious bill authorizes the government to participate in public works, this being an appeal or invitation, which cannot be understood as an imposition.

With the foregoing considerations, we ask the Plenaries of the Senate of the Republic and the House of Representatives, to reject and to declare unfounded the objections for reasons of unconstitutionality presented by the President of the Republic Bill number 210 of 2007 House, 021 of 2007 Senate, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, in occasion of the celebration of the two hundred (200) years of its foundation and other provisions are dictated, and therefore refer the file of this bill to the honorable Constitutional Court, so that in the term of six (6) days, as expressed by the numeral 1 of article 199 of the Law 5th of 1992, decide on its exilibility. "

-Publication. The report dismissing presidential objections was published in the 552 Congressional Gazette of Wednesday, August 27, 2008, Senate (page 11) _[24].

-Previous announcement. The prior notice for the vote on the objections report was held on Tuesday, 21 October 2008, as stated in the minutes number 19 of that date, published in Gazette number 28 of 6 February 2009, (page 30). It reads:

" On the instructions of the Presidency and in accordance with Legislative Act No. 01 of 2003, the Secretariat announces the projects to be discussed and approved at the next session.

If Mr. President, the projects to discuss and vote in the next plenary session of the Senate of the Republic are as follows:

Projects with Object

number 021 Senate, 210 of 2007, House, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the 200 years of its foundation and other provisions are dictated ".

-The unanimous approval of the 96 Senators present took place on Tuesday, October 28, 2008, as stated in the record number 20 of this date, published in Gazette number 29 of February 6, 2009 (pages 4, 22-24) _[25]. The Presidency of the Senate indicated to the Secretariat to continue with the report of objections to the draft law of the reference, the Presidency granted the use of the word to Senator Carlos Emiro Barriga Penaranda, who was heard on the background from the report.

passage omitted] The Presidency has opened the discussion of the report in which it is declared ... unfounded the objections presented by the executive branch and, closed its discussion, the Senate gives its approval unanimously. (Page 23 of Gazette number 29, 2009).

5.1.2. House of Representatives

The announcement prior to the vote on the report's objections to the reference bill was held in the House of Representatives Plenary on October 8, 2008, as stated in the record number 139 of that date, published in the Gazette number 798 of Friday, November 14, 2008. Page 34 reads:

" On the instructions of the President, with the authorization of the Secretary General, in accordance with the Legislative Act 01 of 2003 and indicated by the Constitutional Court, the following projects are announced for the Plenary Session on October 14, 2008 or for the next plenary session at which bills or legislative acts are discussed.

(...)

of Law No. 210 of 2007 House, 021 of 2007 Senate, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, in occasion of the celebration of the 200 years of its foundation and other provisions are dictated. Published in the Congress Gazette number 557 of 2008".

The vote and approval of the objection report was made at the session on October 14, 2008, as stated in Act 140, published in the Gazette of Congress 866 of November 26, 2008 (page 28) _[26], of which highlights the following:

" Report of Objections to Bill 210 of 2007 House, 021 of 2007 Senate, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the 200 years of its foundation and other provisions are dictated.

The report is as follows: Conclusion: The second article of the precious bill, which authorizes the government to participate in public works, is to be highlighted, this being an invitation to invite, which cannot be understand how an imposition.

For the above considerations, we ask the Senate and House Plenaries to reject and declare unfounded the objections to the Bill for reasons of unconstitutionality, presented by the President of the Republic. Therefore, refer the file to the honorable Constitutional Court, so that in the six-day term it will establish and decide on its exequability. Signing: Alvaro Alferez, Carlos Barriga Penaranda.

Read the President report.

of the session by the Presidency, Dr. German Varon Cotrino:

The report of objections read by the Secretary of the House is submitted to the Plenary Assembly, and its discussion is opened, announced that it will be closed, is it closed, does the Plenary Assembly approve?

Secretary General, Dr. Jesus Antonio Rodriguez C.:

Approved President ".

-Quorum deliberatory and decision-making in Plenary. The deliberative and decision-making quorum for the approval of the project was 151 of the 166 members that make up the Plenary of that Corporation, as stated in the Act No. 140, published in the Gazette of Congress 866 of November 26, 2008 (pages 1-2)_[27]. The vote was made in accordance with Article 129 of the Congress ' Rules of Procedure.

-Finally, the President of the Congress of the Republic sent the draft of the reference to the Constitutional Court on 18 November 2008, in order for the Corporation to decide on the exequability of the article objected to.

6. For the Court, the procedure of the bill of Law 210 of 2007 Chamber, 021 of 2007 Senate, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, in occasion of the celebration of The 200 years of its founding and other provisions are dictated, is in accordance with the provisions of article 167 of the Political Constitution, as to study the presidential objections appointed an Accidental Commission made up of members of both legislative cells, which gave a report that was approved by the Senate and House plenary.

Likewise, in compliance with the provisions of article 79-4 of Law 5 of 1992-the Rules of Procedure of the Congress-, this report was included on the agenda of the plenary session of the chambers of Congress. and was put to a vote in a different session than the one previously announced, as provided by the second paragraph of article 160 of the Constitution, introduced by the article 8or Legislative Act number 1 of 2003.

Verified the bill's procedure, will examine in depth the objections raised by the Executive.

7. Delimitation of the subject matter of analysis

7.1. According to constant jurisprudence_[28], the Court's examination of the provisions objected to by the President of the Republic, at the insistence of the Congress, for violating the Political Constitution, is restricted to the rules controversial, the objections raised by the objector and the arguments put forward by the Congress to justify their insistence, which are those that limit the scope of the constitutional judgment.

In the present case, the objections to the unconstitutionality proposed by the Government do not relate to the whole of the bill, but to one of its provisions, which is why the Court's examination will be limited to the text objected to. In the light of the charges raised by the Executive and the arguments put forward by the Congress to insist on the sanction of the bill.

7.2. The Chamber considers that the objections of the Executive Branch raise the following legal problem: The Constitutional Court will have to determine whether during the process of the draft law of the reference, the Congress of the Republic has not met the requirements established in Article 7or Law 819 of 2003, and therefore transgressed the provisions of Article 151 above, taking into account the organic nature of the the aforementioned law.

8. Article 2o of Bill 021 of 2007 Senate, 210 of 2007 Chamber, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the Two hundred (200) years of its foundation and other provisions are dictated, does not know what is provided in article 151 of the Political Constitution.

[8.1] Both the report submitted to the plenary sessions of the Senate of the Republic and the House of Representatives, as well as the concept of the Attorney General of the Nation, are in accord with the arguments presented by the President of the Republic of Colombia. A number of judgments of the Constitutional Court have been made, and both documents refer to the case law of this Corporation in order to solve the legal problem that now occupies the Chamber.

As of Judgment C-502 , 2007, the Court noted the scope of Article 7or Law 819 of 2003. On the basis of the arguments put forward in the aforementioned decision, the Court has declared unfounded presidential objections based on the alleged failure to comply with the provisions of the above standard, as was the case, inter alia, in the following cases. Provides:

-C-015 -A of 2009, corresponding to the OP-114 process, in which the presidential objections to Bill 72 of 2006 Senate were analyzed, 231 of 2007 House, " for which the Nation is linked to the celebration of the thirty (30) years of legal existence of the University of La Guajira and orders in its Homage the construction of some works ".

-C-1200 of 2008, corresponding to the OP-109 process, in which the presidential objections were analyzed to the Bill number 086 of 2007 Senate, 158 of 2006 Chamber, " by means of which the Nation is associated to the celebration of the 304 years of foundation of the municipality of Valle de San Juan in the Department of Tolima and other provisions are dictated. "

-C-1197 of 2008, corresponding to the OP-108 process, in which the presidential objections to Article 2o of Bill No. 062 of 2007 Senate, 155 of 2006, were analyzed, " by means of which it is declared as cultural patrimony of The Nation the International Poetry Festival of Medellín and other provisions are dictated ".

-C-1139 of 2008, corresponding to the OP-104 process, in which the presidential objections were analyzed to Bill No. 168 of 2006 Senate, 085 of 2006

Chamber, "for which the Nation is associated with the celebration of the thirty years of academic activities of the University of La Guajira and other provisions are dictated".

-C-731 of 2008, corresponding to the OP-101 process, in which the presidential objections were analyzed to Bill No. 167 of 2006 Senate, 076 of 2006, House, " by means of which the Nation is associated with the celebration of the 100 years of the municipality of Alexandria in the department of Antioquia ".

-C-315 of 2008, corresponding to the OP-098 process, in which the presidential objections to the Bill of Law No. 18 of 2006 Senate, 207 of 2007 House, were analyzed, " for which they establish rebates in the sanctions for the reruns of the mandatory military service ".

-C-441 of 2009, corresponding to the OP-122 process, in which the government's objections to Bill No. 217 of 2007 Senate, 098 of 2007, were analyzed, " by means of which the 30 years of the departmental carnival of the Atlantic and the 10 years of interdepartmental reign, cultural heritage is declared and other provisions are dictated. "

Considering that the legal problem raised in the sub-examination case has been resolved by the Constitutional Court on several occasions, the Chamber will limit itself to reiterate its case law to apply it to the present case.

9. The Court has explained that the Congress of the Republic and the National Government have an initiative in the field of public spending, as well as that Congress is empowered to present projects that involve public expenditure, but that the inclusion of the budget items in the expenditure budget correspond exclusively to the national government. Likewise, the Court has explained that the legislator can authorize the National Government to carry out works in the territorial entities, provided that in the respective rules it is established that the disbursement proceeds through the co-financing. On this matter, in Case C-113 of 2004, it was stated:

" (...) the Constitutional Court has established (i) that there is no question of constitutionality against the rules that are limited to 'authorizing' the government to include an expense, but in no way do they agree to do so. In these cases, the Corporation has said that the Organic Law of the Budget is not violated, while the government retains the power to decide whether or not to include within its priorities, and according to the budgetary availability, the expenses (ii) that the authorizations granted by the legislator to the National Government, for the financing of works in the territorial entities, are compatible with the mandates of an organic nature on distribution of powers and resources contained in Law 715 of 2001 when they are framed within the exceptions mentioned in article 102 of the said Law, namely, when it comes to the ' budgetary appropriations for the execution by the Nation with the participation of the territorial entities, of the the principle of concurrency, and of the co-financing items for the development of functions of exclusive competence of the territorial entities ' ".

10. Article 7or Law 819 of 2003_[29]states that in bills that decree public expenditure, the tax cost of the initiative must be foreseen, as well as the source of income for the financing of this cost. In addition, the same standard provides that the fiscal impact of the project should be in harmony with the Medium Term Fiscal Framework. The 2007 C-502 statement referred to this matter by explaining the following:

" 36. For all of the above, the Court considers that the first three points of Article 7or of Law 819 of 2003 should be understood as parameters of rationality of the legislative activity, and as a burden to it initially to the Ministry of Finance, once the Congress has valued, with the information and the tools it has at its disposal, the tax incidents of a certain bill. This means that they are tools to improve legislative work.

is to say, the aforementioned article should be interpreted as meaning that its purpose is to obtain that the laws that are dictated take into account the macroeconomic realities, but without creating insurmountable barriers in the exercise of the the legislative function and the creation of a legislative veto power in the head of the Finance Minister. And in that process of legislative rationality the main burden rests with the Ministry of Finance, which is the one that has the data, the official teams, and the economic expertise. Therefore, in the event that the congressmen process a bill incorporating erroneous estimates on the fiscal impact, on how to deal with these new expenses or on the compatibility of the project with the Medium Term Fiscal Framework, It is up to the Finance Minister to intervene in the legislative process to illustrate to the Congress about the economic consequences of the project. And the Congress will have to receive and value the concept issued by the Ministry. However, the burden of demonstrating and convincing the congressmen about the incompatibility of a certain project with the Medium Term Fiscal Framework falls on the Ministry of Finance.

On the other hand, it is necessary to reiterate that if the Ministry of Finance does not participate in the course of the project during its formation in the Congress of the Republic, it may well mean that the legislative process is flawed. not having taken into account the conditions set out in Article 7or Law 819 of 2003. Since the main burden in presenting the tax consequences of the projects is the Ministry of Finance, the Ministry of Finance's omission to inform the congressmen about the problems presented by the project does not affect the validity of the legislative process and/or the relevant law ".

10.1 Subsequently, the Constitutional Court, by way of the C-315 , 2008, stated:

" From the transcribed precedent, the following rules can be summarized as to the content and scope of the forecast of the fiscal impact within the bills:

The obligations laid down in Article 7or Law 819/03 constitute a parameter of legislative rationality, which is aimed at fulfilling constitutionally valuable purposes, between they are the order of public finances, macroeconomic stability and the effective implementation of laws. The latter as a preliminary study of the compatibility between the content of the bill and the projections of the economic policy, decreases the margin of uncertainty regarding the material execution of the forecasts legislative.

The mandate of adequacy between the justification of the bills and the planning of economic policy, however, cannot be understood as a procedural requirement for the approval of legislative initiatives whose It is only the Congress. As such (i), the Congress lacks the technical assessment bodies to determine the fiscal impact of each project, the determination of the additional sources of financing and the compatibility with the medium-term fiscal framework; and (ii) " To accept a interpretation of this nature would constitute an unreasonable burden on the Legislator and grant a correlative power of veto to the Executive, through the Ministry of Finance, in respect of the Congress ' competence to make the laws. A power of this character, which involves a barrier in the constitutional function of normative production, is shown to be incompatible with the balance between public authorities and the democratic principle.

If this mandate is considered as a mechanism of legislative rationality, its fulfillment initially corresponds to the Ministry of Finance and Public Credit, once the Congress has valued, through the tools it has the compatibility between the expenditure generated by the legislative initiative and the projections of the economic policy drawn up by the Government. Thus, if the Executive considers that the chambers have carried out an analysis of the tax impact in error, it is up to the Ministry of Finance to participate in the legislative procedure, in order to illustrate the economic consequences to the Congress. of the project.

Article 7or Law 819/03 cannot be interpreted as such that the lack of competition from the Ministry of Finance and Public Credit within the legislative process affects the validity of the constitutional of the respective procedure. "

11. Article 2o of the proposed bill authorizes the National Government to allocate in the General Budget of the Nation, and/or to promote through the national co-financing system, the budget items needed to advance certain works of public or social interest and of benefit to the community of the municipality of Cabrera, in the department of Santander; that is, the text of the article objecting is adjusted to the faculty recognized to the Congress of the Republic to approve (a) draft laws which will involve public expenditure, since it does not impose on the government its implementation, limits the power to include the corresponding items in the general budget of the nation, allowing the national government to decide autonomously if it includes the budget item and, if so, will determine the amount of the corresponding item.

12. It notes the room that in the legislative process, from the explanatory statement, were taken into account the elements that normally give rise to the presidential objections in relation to the "laws of honors". Thus, in the presentation for the first debate, published in Gazette number 429 of Thursday 6 September 2007, pages 22, 23 and 24, was recorded:

" 3. Legal basis

According to the provisions of article 150 of the Political Constitution, it is up to the Congress, by issuing a law, to ' establish national income and expenses. administration '. Similarly, article 345 in its first indent indicates that the treasury that is not included in the spending budget and its second paragraph will not be able to be made up that no public expenditure may be made that has not been decreed by the Congress, by the Departmental Assemblies or by the District or Municipal Councils.

Likewise, the second paragraph of article 346 ratifies the foregoing, when it states that ' in the law of appropriations, no item that does not correspond to a judicially credit may be included. recognised, or expenditure decreed in accordance with the previous law '.

According to the foregoing, what is known as the 'principle of the legality of public spending' is enshrined, which has the scope to impose that this expenditure is previously decreed by law and included within the General Budget of the Nation.

In this regard, the Constitutional Court by Judgment C-685 of 1996 arranged:

' The principle of the legality of spending constitutes one of the most important foundations of constitutional democracies. According to this principle, it is up to the Congress, as a plural representation body, to decree and authorize state expenditures, as this is considered a necessary mechanism of control to the executive and an inevitable expression of the principle democratic and the republican form of the government (C. P. article 1or). In the Colombian constitutionalism, the legality of spending operates in two different moments, since in general the expenditures should not only be previously decreed by law (C. Q. article 346) but must also be appropriate by the law of the budget (C. P. article 345) in order to be effectively realized '. (Underlined out of text).

It is convenient to make it clear that, by virtue of the principle of the legality of spending, Congress has the power to authorize public expenditures, as in the present case of the bill. municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the two hundred (200) years of its foundation and other provisions are dictated.

On the occasion of the study conducted by the Constitutional Court in Judgment C-343 of 1995, on legislative initiative that determines public spending, he stated the following:

' ... The parliamentary initiative to present bills that decree public spending does not entail the modification or addition of the General Budget of the Nation. These laws will simply serve as a title so that, at the initiative of the government, the necessary items to meet these expenses will be included in the annual budget law. Some members of the Congress of the Republic could present the bill under examination and, therefore, could also order the allocation of items for the repair and maintenance of the San Roque temple in the city of Barranquilla.

Naturally, pursuant to the foregoing, both the Constitution and the law require that the execution of the expenditure decreed in this project depend on its inclusion in the General Budget of the Nation, for which there will necessarily be to be counted on the initiative or with the authorization of the National Government, in particular the Minister of Finance and Public Credit. This Court declares the formal exequability of the bill, as soon as the initiative or the governmental endorsement for legislative procedure of the bill was not necessary.

Accordingly, we submit to the honourable Senate of the Republic the present initiative, as it conforms to the constitutional framework that regulates the matter. "

13. The Ministry of Finance and Public Credit intervened in the legislative process through the office UJ-0702-08 of June 16, 2007_[30], addressed to the President of the House of Representatives. This document reads:

" The bill that we are looking for will pay tribute to the municipality of Cabrera, Department of Santander, for the two hundred years of its foundation, and to exalt the memory of its founders. Based on the above, it authorizes the National Government to include items in the Annual Budget Law to be used for works and programs for the benefit of the municipality. Finally, it provides that these items will not imply an increase in the budget, but will be financed by redistributing existing resources.

in this regard, it is necessary to note that the Congress of the Republic has approved the National Development Plan 'Community State, Development for All', which involves the execution of multiple investments of national interest that require large amounts of money. Financial resources for their implementation. This is why the project of the reference is not consistent with the fiscal perspectives that the Nation has set for the next four years, as it presses the spending without the respective source of financing.

Therefore, in view of the spending demands provided for in the National Development Plan, it is a priority to analyze by the Congress the relevance of the approval of laws, commonly referred to as 'honors', which create greater public spending pressures.

On the other hand, this Ministry is allowed to recall that in accordance with the provisions of article 7or Law 819 of 2003, of an organic nature, the presentation of each bill must accompany the Exposure of the fiscal impact that its implementation would entail, and the new funding source proposed for this implementation must be indicated:

' Article 7or. Analysis of the tax impact of the rules. At all times, the tax impact of any bill, ordinance, or agreement, which mandates or grants tax benefits, must be made explicit and must be compatible with the Medium Term Fiscal Framework.

For these purposes, it should be expressly included in the explanatory statement and in the respective processing papers the tax costs of the initiative and the source of additional income generated for the financing of such cost.

The Ministry of Finance and Public Credit, at any time during the respective procedure in the Congress of the Republic, will have to render its concept in the face of the consistency of the provisions of the previous paragraph. In no case will this concept be in the way of the Medium-Term Fiscal Framework. This report will be published in the Congressional Gazette

The government's bills of initiative, which will raise additional spending or a reduction in revenue, will have to contain the corresponding substitute source for decreased spending or income increases, which will have to be analyzed and approved by the Ministry of Finance and Public Credit.

In the territorial entities, the procedure provided for in the previous paragraph will be set before the respective Secretariat of Finance or who will do its own times. (Subrays out of text).

The bill does not expose the tax impact of the bill, nor does it indicate in the explanatory statement a new source of funding. On the contrary, it orders a new prioritization in the allocation of expenditure. Thus, as the organic laws determine the legislative activity, the initiative that occupies us is suffering from unconstitutionality. "

As noted, the National Government, through the Ministry of Finance and Public Credit, warned the Congress of the absence of studies related to the fiscal impact of the bill, noting that it was not the same as The government is in line with the prospects set for the next four-year term, as it pressured the spending without the respective source of financing. In addition, the Ministry pointed out that the bill lacked the exposure to the fiscal impact that its implementation would entail.

That is to say, in the present case, even though the bill does not impose an expense but merely proposes to the government the inclusion of a certain item in the General Budget of the Nation, the Executive Branch disregarded the duty of collaboration with the Congress of the Republic, in the sense of offering to the congressmen precise technical elements to determine the fiscal impact of the project, without this fact means a vice that affects the legislative process, as established by this Corporation in Judgment C-502 of 2007, as it remained stated: "since the main burden in the presentation of the tax consequences of the projects resides in the Ministry of Finance, the omission of the Ministry in informing the congressmen about the problems that presents the project does not affect the validity of the legislative process or the corresponding law. "

14. Considers the Chamber that Article 2o of Bill 021/07 Senate, 210 of 2007 House, " By means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the Celebration of the two hundred (200) years of its foundation and other provisions are dictated ", it is limited to authorize the National Government to assign in the General Budget of the Nation and/or to promote through the system of co-financing, budget items to advance the works mentioned there, which, as the Court has explained Constitutional, it does not imply an imposition on the National Government, but the Legislator empowers the Executive to include the corresponding items in the General Budget of the Nation.

That is, the National Government will decide autonomously whether to include the item in the Budget and, if so, establish the amount of the respective item.

The Court will therefore declare the presidential objection unfounded and declare the exequability in relation to the arguments put forward by the Executive.

IX. DECISION

On the merits of the above, the Plena Chamber of the Constitutional Court, on behalf of the people and by mandate of the Constitution,

RESOLVES:

First. DECLARE UNFOUNDED the objection of unconstitutionality by the President of the Republic to Article 2o of Bill 021 of 2007 Senate, 210/07 House, " By means of of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, on the occasion of the celebration of the two hundred (200) years of its foundation and other provisions are dictated "

Second.-DECLARE EXEQUABLE article 2o of Bill 021 of 2007 Senate, 210 of 2007 Camara, by means of which the Nation is associated and pays homage to the municipality of Cabrera, in the department of Santander, with reason for the celebration of the two hundred (200) years of his foundation and other provisions are dictated, only for the charge raised in the presidential objection analyzed in this judgment.

Third.-DESE compliance with the provisions of article 167 of the Political Constitution.

Notify, communicate, post and insert into the Constitutional Court Gazette.

Nilson Pinilla Pinilla, President; Maria Victoria Calle Correa, Mauricio González Cuervo, Juan Carlos Henao Pérez, Ausente with permission. Gabriel Eduardo Mendoza Martelo, Jorge Ivan Palacio Palacio, Jorge Ignacio Pretelt Chaljub, Humberto Antonio Sierra Porto, Luis Ernesto Vargas Silva, Magistrates; Martha Victoria Sachica Mendez, General Secretariat.

* * *

1 Page 1 of the test notebook Commission II Senate of the Republic.

2 Act 04 of 11 September 2007, published in Gazette 598 of 26 November 2007, p. 15 and s.s.

3 Gazette number 598 of 2007, page 65.

4 Act 05 of 18 September 2007, published in Gazette 598 of 26 November 2007, p. 61 and s.s.

5 Senate Test Notebook, folio 1.

6 Test Notebook, House of Representatives, Follows 1 and below.

7 Test Notebook Commission II Camera, Foles 1 and 2.

8 Act No 20 of 2 April 2008, published in Gazette 396 of 27 June 2008.

9 Test Notebook House of Representatives, Foles 1 and 2.

10 Act No. 117 of Wednesday, June 11, 2008, published in Gazette number 422, p, 45.

11 Minutes number 118 of Tuesday, June 17, 2008, published in Gazette number 423, p. 23.

12 Main Notebook, Foles 16 and 17.

13 Main Notebook, pages 11, 12, 13, 14, and 15.

14 On this point, the case law has explained that the terms provided therein relate to working and complete days, the computation of which starts from the day following that in which the project was received for the sanction of rigor. cfr., Constitutional Court, 1995 C-268 Statements, C-380 1995, C-292 1996, C-510 , 1996, C-028 , 1997, C-063 , 2002, and C-068 , 2004, C-433 , 2004, C-856 , 2006, C- 1040 from 2007, C- 315 of 2008 and C-616 of 2008, among many others.

15] The rule clarifies that Congress will also meet in extraordinary sessions, at the request of the government and for as long as it points out, in which case it will only be able to deal with the issues that the government will submit to its consideration, without damage to the role of political control that is proper to you, which you will be able to exercise at all times.

16 Constitutional Court, Sentences C-559 of 2002 and C-1146 of 2003, among others.

17 Constitutional Court, Statement C-883 of 2007. See also 2008 C-616 and 731 Sentences.

18 Idem. See also the C-1183 statement of 2008.

19 cfr., Constitutional Court, 2004 C-069 , C-433 , C-985 , 2006, and C-482 2008.

20 Constitutional Court, Sentences C-036 of 1998, C-070 of 2004, C-500 of 2005, C-883 of 2007 and C- 1183 of 2008, among others.

21 Main Notebook, folio 18.

22 Main Notebook, pages 16 and 17.

23 Main Notebook, pages 5, 6, 7, and 8.

24 Senate test case Senate of the Republic.

25 House of Representatives Test Notebook.

26 House of Representatives Test Notebook.

27 House of Representatives Evidence Notebook.

28 C-176, C-482, C-913, C-914 2002; C-1043 2000; C- 256 in 1997, among others.

29	This Law was published in the Official Journal Number 45,243 of 9 July 2003. The above text states:
" Law 819 of 2003
For which organic rules on budget, accountability and fiscal transparency are dictated and others are dictated provisions.
(...)
		7or. Analysis of the Fiscal Impact of the Rules. At all times, the tax impact of any bill, ordinance, or agreement, which mandates spending or grants tax benefits, must be made explicit and must be compatible with the Medium Term Fiscal Framework.
For these purposes, it should be expressly included in the explanatory memorandum and in the respective processing papers Tax on the initiative and the source of additional income generated for the financing of this cost.
The Ministry of Finance and Public Credit, at any time during the respective procedure in the Congress of the Republic, will have to to render its concept in relation to the consistency of the provisions of the previous paragraph. In no case will this concept be in the way of the Medium-Term Fiscal Framework. This report will be published in the Congressional Gazette.
Government initiative bills, which will raise additional spending or a reduction in revenue, will have to contain the The Ministry of Finance and Public Credit will have to analyze and approve the replacement source for a reduction in expenditure or income increases.
In the territorial entities, the procedure provided for in the previous paragraph will be set before the respective Secretariat of Finance or who do your times. "

30 Main Notebook, Foles 25 and 26.