The Constitutional Court, through Bulletin No. 66 of May 28, 2020, informed that it declared Decree 476 partially unconstitutional. The Government, through the Decree, granted the Ministry of Health and INVIMA faculties to facilitate administrative procedures and requirements related to manufacturing and import of medications, products and supplies necessary to prevent, diagnose and treat Covid-19. 

The ruling will only produce effects in the future and the articles will remain in force for the next three months, so that the measures recently adopted by INVIMA regarding essential products to deal with the emergency continue.

The Constitutional Court considered that the faculties granted do not comply with the judgment of necessity, since the government has powers to modify the regulations that regulate the manufacture and import of said products, even without declaring a state of emergency. Thus, the president had ordinary tools to attend to the emergency and it was not essential to issue the decree.

Likewise, the Court declared Article 3 of Decree 476 constitutional. The article allowed entities to refrain from requiring the apostille or official translation of documents, in the procedures during the emergency.

The Court has not yet published the judgment.