The Constitutional Court has ordered the suspension of Legislative Decree No. 0044, halting a temporary parafiscal levy on electricity generation companies until a final constitutional ruling.
Colombia’s Constitutional Court announced on 6 February 2026 that Legislative Decree No. 0044 of 21 January 2026, which introduced a temporary parafiscal levy of 2.5% on electricity generation companies serving domestic households and required in-kind contributions from hydroelectric generators, is suspended.
The suspension follows the provisional halt of Decree No. 1390 of 22 December 2025, which had declared a state of economic emergency and enabled measures, including the temporary levy.
As a result, Decree 0044 will have no effect until the Full Chamber of the Court issues a final decision on its constitutionality.
The ruling was issued under Order 101 of 2026, with magistrates Héctor Alfonso Carvajal Londoño and Vladimir Fernández Andrade expressing dissenting opinions.
The Court had previously ruled in Order 082 of 29 January 2026 to suspend the effects of Decree 0044 pending review, reflecting ongoing judicial scrutiny over emergency economic measures affecting public electricity services.
Earlier, Colombia’s Constitutional Court announced the provisional suspension of Decree No. 1390 of 22 December 2025 on 29 January 2026, which declared a state of economic and social emergency across the national territory. The suspension will remain in effect until the full court issues a substantive ruling on the decree’s constitutionality.
