The Constitutional Court of Colombia has partially approved the pension reform pushed by the government of President Gustavo Petro [1, 2, 3].
The ruling ensures the survival of the majority of the government's overhaul of the national retirement system. However, the court identified procedural flaws in specific sections that must be corrected before they can become law [1, 3].
In a decision reached with seven votes in favor and one vote against [1], the court declared 92 articles of the reform to be constitutional [1]. The tribunal said these sections align with the national legal framework and can proceed as written.
Despite the broad approval, the court returned a portion of the legislation to Congress to address "vicios de forma," or procedural defects [1, 3]. These defects relate to errors in how the articles were deliberated and voted upon during the legislative process [1, 3].
Reports on the exact number of returned articles vary. Some sources indicate that nine articles were sent back [1], while other reports state the number is 14 [2].
Congress now faces a strict deadline to resolve these issues. The court said lawmakers have 30 days to rectify the procedural errors in the returned articles [1]. If the Congress fails to subsanar these defects within the window, those specific provisions may be permanently invalidated.
The ruling represents a significant legal victory for the Petro administration, as the bulk of the reform remains intact. The court's decision prevents a total strike-down of the policy—a result that opponents of the reform had sought through legal challenges [3].
“The court declared 92 articles of the reform to be constitutional.”
This ruling validates the core architecture of President Petro's pension overhaul, shifting the battle from the judiciary back to the legislature. By returning a small number of articles for procedural corrections rather than striking them down on merit, the court has provided a roadmap for the government to finalize the law. The 30-day window creates immediate pressure on Congress to reach a consensus on the remaining technicalities to avoid losing key components of the reform.
