Le gouvernement cherche des pouvoirs spéciaux pour que le président puisse éliminer et fusionner des entités publiques

President Abelardo de la Espriella’s administration has requested broad extraordinary powers to dismantle and merge public entities, a move embedded in the Economic Rescue Law filed with Congress on October 29. The proposal aims to reduce government operating costs by eliminating bodies, merging organizations, and cutting public jobs. Article 7 of the bill grants the president six months from the law’s promulgation to make these administrative changes via decree, bypassing the need for new legislation for each modification. The initiative targets the reduction of the primary deficit, which would fall to 2.1 percent of GDP in 2027 and 0.3 percent in 2028. Net debt is projected to stabilize at 64.2 percent of GDP. The total fiscal adjustment amounts to 70.2 trillion Colombian pesos, equivalent to 4.1 percent of GDP, applied gradually between 2027 and 2030. Approximately 70 percent of this adjustment will come from spending cuts, while the remaining 30 percent derives from tax measures and social security changes. Notably, 73 percent of the proposed tax measures align with the fourth tax reform package associated with former President Gustavo Petro. Under the proposed framework, the executive branch could suppress, fuse, or split ministries and administrative departments. It would also have authority over superintendencies, special administrative units, agencies, and other national-level bodies. The president could alter their legal nature, redistribute competencies, and create new entities if necessary to fulfill the objectives of dissolved or merged ones. A sensitive aspect involves public employment. The project authorizes modifications to personnel structures, including the elimination of positions and vacancies, citing the removal of redundancies and reduced administrative costs. However, labor rights must be respected. Administrative career employees hold priority rights to occupy equal or equivalent posts. If impossible, they may opt for reinstatement or compensation under Article 44 of Law 909 of 2004. The plan includes centralizing administrative services currently handled by different entities, particularly in human resources, information technology, legal defense, and contracting, to achieve economies of scale. To execute this reorganization, the president would receive authorization to make necessary budgetary adjustments according to the Organic Budget Statute. Restrictions apply, however. The powers cannot be used to issue codes, statutory or organic laws, or to create taxes. As a control mechanism, a monitoring commission composed of congressional representatives and government officials would be established. Within three months after the expiration of the powers, the executive branch must submit a report detailing reorganized entities, eliminated jobs, and achieved fiscal savings. Finance Minister Miguel Gomez stated that the economic rescue law is essential for securing funding for the 2027 budget. Vice President Restrepo described the current situation as leaving the country in a dire state upon filing the bill. The proposal opens debate regarding the scope of executive authority, as it allows modifying much of the national administration structure through decrees with the force of law. Approval depends on Congress, which must evaluate whether the authorization meets constitutional requirements for precision and temporality inherent in presidential extraordinary powers. Separately, President de la Espriella ordered the temporary militarization of Cúcuta following recent attacks. He announced he would travel there next week to verify security conditions. He instructed Defense Minister Jorge Mora and military leadership to reinforce territorial control in the border department, which is affected by conflict between Front 33 and the National Liberation Army. Starting November 3, the military and police campaign named Sparta and the Urban Security Operational Block will enter operation, intensifying existing operations. In related developments, the Special Jurisdiction for Peace charged Pablo Catatumbo and eight former members of the Central Joint Command of the FARC with war crimes and crimes against humanity in Tolima, Huila, and Quindío. More than one thousand victims were identified. The group conducted 94 armed incursions between 1991 and 2016. Only four accused individuals had been imprisoned and are ineligible for judicial pardon. JEP President Alejandro Ramelli noted that only 10 percent of these cases previously had sentences. Additionally, Judge Cesar Enrique Osorio of the 24th Family Court in Bogotá ordered the Ministry of Culture to return more than 40 artworks removed from the National Museum within 48 hours. This decision resolved a protection action filed by representative Gabriel Becerra and LGBTQ+ collectives. The judge cited the lack of a curatorial concept or committee minutes approving the removal. The ruling can be appealed within three days of notification; otherwise, it proceeds to the Constitutional Court for potential review. At a presentation in Bogotá, de la Espriella introduced the new management of RTVC and alleged a cost overrun exceeding 19 billion pesos. Carlos Suarez, president of the Ecopetrol Board and campaign strategist, explained the vision for the public media system, prioritizing digital communication through reels, photos, and influencers. De la Espriella cited 7.255 billion pesos in advertising and a mobile unit costing over 11 billion pesos without a power plant. Journalist Hollman Morris responded that the power plant was indeed used.