Colombian Government Proposes Returning Presidential Tutelas to Council of State

The Ministry of Justice has prepared a draft decree that would require tutelas filed against the president to be reviewed in the first instance by the Council of State. This move seeks to reverse a change made by the previous administration under Gustavo Petro, which had shifted the review of these legal actions to circuit judges. The government argues that because presidential decisions have national and international scope, the review process should be handled by a judicial body of that level. The proposed decree would modify Decree 1069 of 2015 and would only apply to requests filed after the decree is published in the Official Gazette. The measure would not create a special presidential forum nor change the general rules for other national authorities, who would still be subject to review by circuit judges. One source notes that tutelas increased by 162 percent between 2020 and 2025, rising from 459,680 to 1,202,436. A center leaning source highlights a potential legal hurdle, noting that the decree could be annulled if the government failed to consult the Council of State's Consulting Chamber regarding changes to the corporation's functioning.