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Political Constitution of Colombia (1991)

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Political Constitution of Colombia (1991). Official Spanish from SUIN-Juriscol. English from Constitute Project / Max Planck, cutoff 2015 — not a gazette.

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Official sourceConstitución Política de Colombia (1991)

→ Art. 214

Art. 214

The states of exception referred to in the previous articles shall be subject to the following provisions:

The legislative decrees shall have the signature of the President of the Republic and all his/her ministers and may refer only to matters that have direct and specific connection with the situation which the declaration of the state of exception may have determined.

Neither human rights nor fundamental freedoms may be suspended. In all cases, the rules of international humanitarian law shall be observed. A statutory law shall regulate the powers of the Government during the states of exception and shall establish the legal controls and guaranties to protect rights, in accordance with international treaties. The measures that are adopted must be proportionate to the gravity of the events.

The normal functioning of the branches of government or state organs shall not be interrupted.

As soon as the foreign war or the causes that gave rise to the state of internal disturbance shall have come to an end, the government shall declare the public order to have been restored and shall lift the state of exception.

The President and the ministers shall be responsible when they declare states of exception without the occurrence of a foreign war or internal disturbance, and they shall also be responsible, as shall other officials, for any abuse that they commit in the exercise of the powers referred to in the earlier articles.

The government shall send to the Constitutional Court on the day following their promulgation the legislative decrees issued under the powers mentioned in the above articles so that the Court may decide definitively on their constitutionality. Should the government not comply with the duty of transmitting the decrees, the Constitutional Court shall automatically and immediately take cognizance of the same.

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For reference only. Colombian law changes; confirm the current official text before acting.