Political Constitution of Colombia (1991)

The general management of the economy is the responsibility of the state. By mandate of an Act, the state shall intervene in the exploitation of natural resources, land use, the production, distribution, use, and consumption of goods, and in the public and private services in order to rationalize the economy with the purpose of achieving, at the national and regional level and within the framework of fiscal sustainability, the improvement of the quality of life of the inhabitants, the equitable distribution of opportunities, and the benefits of development and conservation of a healthy environment. The aforementioned framework of fiscal sustainability must function as an instrument for achieving in a progressive manner the objectives of a social State based on the rule of law. In all cases public spending for social purposes shall have priority.

In a special manner, the state shall intervene for the sake of the full employment of the human resources and to ascertain that all individuals, especially those with a low income, may have effective access to all basic goods and services. [It shall] also [intervene] to promote productivity and competitiveness and the harmonious development of the regions.

Fiscal sustainability shall provide guidance to the branches and organs of government, within their competences, in a framework of harmonious collaboration.

When a judgment has been handed down by any of the supreme judicial bodies, the General Prosecutor of the Nation or one of the government ministries may request the initiation of a Financial Impact Assessment, the holding of which shall be obligatory. The explanations of the supporters on the consequences of the judgment on the public finances shall be heard, as well as the concrete plan for its execution, and a decision shall be taken whether to modulate, modify or postpone the effects of the judgment with the objective of preventing serious disturbances to fiscal sustainability. In no case shall the essential core of a fundamental right be affected.

In interpreting the present Article, an authority of an administrative, legislative or judicial character may under no circumstances invoke fiscal sustainability to diminish fundamental rights, reduce their scope of application or eliminate their effective protection.