Appeal filed against presidential decree on Petro's referendum

After President Gustavo Petro signed the decree calling for a referendum, the reactions to the so-called "Decretazo" were swift, and legal action has already been taken. This is a tutela action against the president's decision, which was filed with the Council of State.

Attorney Germán Calderón España filed the lawsuit, arguing that serious violations of due process are occurring.

In this regard, lawyer Ramiro Bejarano indicated that Petro's decision is a move he wants to take advantage of, knowing that the decree is illegal: " The Government knows what it's playing at, that's why it's going to the Court, to confuse ; because the control that the Court could exercise would be through a lawsuit and after having reviewed the consultation, not before. So it's evident that from any angle you look at it, they are violating the Constitution and the law ."

It's worth remembering that the Senate held a vote on the referendum on May 14th. The results were 49 votes in favor of "no" to 47 in favor of "yes." However, the president maintained that an irregularity had occurred, as the vote was adjourned before the debate had concluded.

Therefore, the Executive has maintained that Article 33 of Law 1757 of 2015 gives them the authority to call for a referendum without prior approval.

For his part, attorney Calderón España, as guardian, indicates that with the " legal arguments and the evidence I provide, including the certificate from the President of the Senate of the Republic, which demonstrates that he did respond to the appeal filed by Senator María José Pizarro, I requested the suspension of the legal effects of the decree while the merits are resolved ."

In the coming days, it will be announced which Council of State judge will be in charge of the guardianship.

Meanwhile, President Petro, speaking from Cali, Valle del Cauca, addressed the decision to repeal the decree if the labor reform is approved: " If that law doesn't pass, the referendum will continue ." He also said that 227 proposals have been submitted in the Senate, and maintained that congressmen have the right to do so, but he was emphatic that the referendum will continue.

" I ask the Constitutional Court to be independent, and I will respect its decision. I can only ask that in its analysis, it consider that the third most unequal society in the world requires universal rights ," Petro said.