Modifications in the regime of royalties


In this decision, the Constitutional Court made the officious study of constitutionality of the Decree No. 248 of 2017 “by means of which are dictated dispositions about the National Fund of Royalties in liquidation and are disposed amounts of it in order to finance investment projects for the implementation of the Final Agreement for the Termination of the Conflict and the Construction of an Stable and Lasting Peace”. For that purpose, the Court adopted the following methodology: in the first place it made an introduction about the role of the separation of powers and the system of checks and balances, as structural elements of the Constitution. Given this scenario, this Tribunal made special emphasis in how are translated those principles in the intrinsic limitations to the faculty of normative production lying in the President of the Republic. In the third place, the Chamber exposed the content and scope of the legislative delegations previewed by the second article of the Legislative Act No. 1 of 2016, particularly to define which are the conditions that have to be fulfilled for a matter to be regulated, in exercise of the extraordinary faculties conferred to the president by that constitutional amendment. In a fourth term, the Court referred the central rules of the constitutional jurisprudence about the regime and destination of the royalties, emphasizing the conditions contemplated in the pervious model and how they are modified by the actual one, which is based in the General System of Royalties, also the characteristics that remained in both regimens, specially what’s related with the property and faculty of distribution of the resources of royalties. As a result of this study the Court decided to declare the constitutionality of the first subparagraph of the first article as well as the second article of the Decree, and to declare unconstitutional the second and third subparagraph and the “parágrafo” of the first article.