DECISION C-730/17. Development programs with territorial approach


Automatic control of constitutionality of the Decree No. 893 of 2017, “by means of which are created the programs of development with a territorial approach (PDTA)”. In its study the Court concluded that the examined norm fulfilled the formal requirements for its expedition in what’s related with the authorities that subscribed it, the temporal limit, the title and the motivation. It also found that the norm fulfilled the requirements of objective, strict and sufficient connection, as well as the strict necessity, all of this in accordance to the Legislative Act No. 1 of 2016.  This Tribunal also determined that the PDTAs will be formulated one time, with a duration of 10 years, and will be coordinated by the Agency for the Territorial Renewal, respecting the autonomy of the territorial entities within the frame of coordination and collaboration previewed in the Constitution and the Law, constituting instruments of coordination and management in the most affected territories by the armed conflict, this adapts to the constitutional parameters demanded for the extraordinary legislative measurements adopted by the executive and the principle of territorial autonomy and reserve of organic law.It was also established, in accordance to the 2nd article of the Legislative Act No. 2 of 2017, that the Decree is covered by the principle of stability and juridical security of the Final Agreement, according to which those developments have to be preserved until the ending of the third presidential period posterior to the signing of the FA, respecting the competences of the authorities and institutions of the State, on a national level and under the principle of progressivity.