The State Council of Colombia has ratified that President Gustavo Petro can continue to transmit live the Council of Ministers, considering that these emissions do not violate any legal or constitutional provision.
As reported by the judicial agency, the decision was adopted after analyzing a compliance action presented by a citizen who sought to restrict these public broadcasts.
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According to the ruling issued on May 8, 2025 by the administrative contentious room, section fifth, the Court confirmed the prior judgment of November 28, 2024, issued by the Administrative Court of Caldaswhich had already rejected the claims of the plaintiff.
The compliance action was promoted by Armando Ramírez Olarte, who argued that the public broadcasts of the Councils of Ministers, carried out by President Petro, Contraven with articles 6 and 189.10 of the Political Constitution, as well as article 9 of Law 63 of 1923.
The plaintiff said that on February 4, 2025, the president ordered the live broadcast of a Council of Ministers through television and radio channels, both public and private.
According to the demand, the broadcast began at 5:20 pm and extended until about midnight, which was qualified as a notorious fact.
Ramírez Olarte requested that the president to refrain from making these sessions be ordered publicly, arguing that they should be carried out in a reserved manner.
The State Council, in its analysis, He concluded that the compliance action was not the appropriate mechanism to demand compliance with the constitutional norms invoked by the plaintiff.
In addition, he determined that article 9 of Law 63 of 1923 does not establish an imperative mandate that prohibits the president transmitting the Councils of Ministers. For these reasons, the Court decided to confirm the judgment of first instance and allow the transmissions to continue.
The ruling, signed electronically by the magistrates Pedro Pablo Vanegas Gil, Gloria María Gómez Montoya, Luis Alberto Álvarez Parra y Omar Joaquín Barreto Suárezit establishes that, once firm, the file will be returned to the court of origin. Likewise, the parties involved will be notified in accordance with the provisions of Law 393 of 1997.
With this decision, the State Council reaffirms that the public transmissions of the Councils of Ministers do not violate the current regulations, allowing President Gustavo Petro to maintain this practice as part of his government management.
The president of the State Council, Luis Alberto Álvarez Parra, He stressed that any popular consultation initiative in Colombia must meet the established legal requirementsamong which the need for a favorable concept by the Senate of the Republic stands out.
These statements were made during their participation in the Open Justice event, held at the Convention Center of the Government of Tolima, in the city of Ibagué.
As expressed by Álvarez Parra, Senate’s approval is an indispensable step for a popular consultation to be carried out.
“Before making the popular consultation there must be a favorable concept of the Senate, so that, if there is no favorable concept of the Senate, there is no consultation”Said the magistrate.
This requirement adds to other legal conditions that must be met so that the citizen participation mechanism is valid.
The magistrate explained that, for a popular consultation to be valid, it is necessary to participate at least one third of the Colombian electoral census, which is equivalent to approximately 13.8 million citizens.
In addition, he explained that, even if this level of participation is reached, the results of the consultation will only be binding if they are approved in half plus one of the voters who participate in the process.
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