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According to the High Court, this energy surcharge, which was imposed in Colombia to pay the debts of companies such as Electricaribe and Emcartago, it violated the principles of equality, equity, efficiency and progressiveness.
The decision was made by the Court after studying a lawsuit against that article of the National Development Plan of the Iván Duque government. The plaintiff’s legal recourse is that this surcharge was a tax that does not have any of the purposes established by the Constitution, details El Tiempo.
Added to this, indicates that newspaper, the The Constitutional Court found that this surcharge had no public interest and would not improve partner investmentl. In short, it only sought to pay the obligations of public service companies, through the Business Fund of the Superintendency of Domiciliary Public Services, and did not generate welfare for the population or for the State.
Payment of energy bill in Colombia
In this sense, the surcharge of 4 pesos per kilowatt / hour consumed in energy services for strata 4, 5 and 6 can no longer be charged. The next receipt must arrive without this cost for individuals and companies; however, what has already been paid cannot be recovered.
Money, for its part, cites the decision of the Court, regarding the use that the money collected by taxes should have. The arguments of the magistrate Alejandro Linares in his presentation account for this.
“There is no doubt that public services are inherent to the social purpose of the State, which has the duty to ensure their efficient provision to all the inhabitants of the national territory. However, this purpose is not specified in the specific destination of a national income created by the norm demanded in a Law approving the Development Plan ”, indicates the decision, replicated by that economic medium.
At the time, the Superservicios explained that the increase should be stipulated in the invoice and they would be charged to residential users in strata 4, 5 and 6, as well as “commercial, industrial and unregulated.”
According to the entity, this increase in the energy rate was authorized in article 313 of Law 1955 of 2019, which is within the National Development Plan 2019-2022. Norm that is abolished by the decision of the High Court.
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