An Introduction to Colombian Governmental Institutions and Primary Legal Sources

By Hernando Otero

Hernando Otero is an international arbitration and mediation attorney with experience as a counsel of record and as an international arbitrator in proceedings pursuant to multilateral and bilateral trade and investment treaties (FTAs and BITs) and commercial agreements. He is a professor of arbitration and mediation at the Washington College of Law and the International Law Institute in Washington, D.C. He is licensed to practice law in the state of New York, the District of Columbia, and the Republic of Colombia.

Published September/October 2025

(Previously updated by Antonio Ramírez in June 2010; by Antonio Ramírez & Hernando Otero in August 2011; and by Hernando Otero in April/May 2015 and in April 2019)

See the Archive Version!

1. Introduction

These following sources provide an overview of the country and recent developments:

2. Colombia’s Political Organization

The Republic of Colombia is organized as a unitary republic, politically divided into thirty-two departments and a capital district, Bogotá, D.C. Colombia has adopted administrative decentralization, granting subnational governments a degree of autonomy to manage local affairs (see Const., arts. 1, 113, 286, 322).

Colombia’s central government is structured around three traditional branches—executive, legislative, and judicial—and includes constitutionally autonomous control organs, such as the Office of the Inspector General (“Procuraduría General de la Nación”) and the General Accounting Office (“Contraloría General de la República”).

In 2024, articles 356 and 357 of the Constitution were amended (Legislative Act 3 of 2024) as part of a fiscal decentralization reform. This reform will gradually increase the share of national current income transferred to subnational governments through the General Participation System (“Sistema General de Participaciones”) from 25% to 39.5%. The reform aims to strengthen the fiscal capacity and autonomy of local governments, enabling them to fund essential public services such as education, healthcare, potable water, and sanitation.

2.1. Legislative Branch

According to the Constitution, the legislative branch (see Const., arts. 112, 132, 138, 171, 176) in Colombia is composed of a national congress that includes both a Senate (Senado) and a House of Representatives (Cámara de Representantes). The Senate is composed of members elected every four years through a direct nation-wide vote, two members elected by indigenous community electoral districts, and by the candidate that comes in second in the presidential election.

House of Representatives members are also elected for four-year periods based on electoral districts; two for each of thirty-two departments and the capital city Bogotá, as well as additional members based on population. Additional members are also elected from special electoral districts for indigenous (one), Afro-Colombian (two), and expatriate communities (one). Finally, the vice-presidential candidate of the candidate that comes in second in the presidential election also holds a seat.

In November 2016, Colombia entered a peace accord with the country’s largest rebel group (Revolutionary Armed Forces of Colombia or FARC) that paves the insurgents’ return to politics. As a result, during the 2018-2022 and 2022-2026 legislatures, the group is entitled to five seats in the Senate and five in the House of Representatives. The current 2022-2026 Congress has 108 Senators and 187 representatives. The Misión de Observación Electoral (MOE) has further election data.

Congress meets for two periods during each session: July 20th through November 16th, followed by March 16th through June 20th. The President, together with one or more ministers, may call a special session of Congress. According to the Constitution, Congress’ main functions are to issue national legislation and to exercise political control over the government and the administration (Const., art. 114).

2.1.1. Legislative Process

In addition to members of congress, legislative bills (Const., arts. 150-170 and Laws 3, 5 of 1992 as amended) may be initiated by the national government (in some instances exclusively), 30% of departmental deputies or municipal councilors and by public petitions (signed by a number equivalent to 5% of registered voters). The (1) Constitutional Court, (2) Supreme Court, (3) Council of State, (4) Superior Council of Justice Administration, (5) National Electoral Council, (6) Attorney General, (7) General Accounting Office, (8) Inspector General, and (9) National Ombudsman may also submit bills related to their functions.

Most bills are submitted to the Secretariat of either chamber. Once received, a bill is first published in the Congressional Gazette (Gaceta del Congreso) and then assigned to one of seven standing committees by subject matter. The president of each committee assigns one or more members to act as bill sponsors and present a report to the full committee (also published in the Congressional Gazette). The bill is then debated, potentially amended, voted on, and if approved, will be submitted to the plenary of each chamber. The bill is assigned one or more sponsors in the plenary session where again it will be debated. Although there is room for amendments, the chamber may decide to send the bill back to the committee whenever its text becomes significantly different from the one originally submitted. Once the bill is approved by one chamber, it will undergo the same process in the other chamber. Inconsistencies between texts of a same bill approved by each chamber may be resolved by joint committees and be resubmitted again to each plenary for a vote. In some instances, the standing committees of each chamber may be called upon by the President of the Republic to debate a bill jointly for reasons of urgency.

Once approved by Congress, the bill is submitted to the President who may object to it for reasons of convenience or constitutionality. Objections by reasons of constitutionality are submitted to the Constitutional Court. If both chambers (by simple majority votes) override the President’s objections for reasons of convenience or if the Court dismisses objections for reasons of constitutionality, the President is required to sanction and promulgate the bill as law. Promulgation of a law takes place by its publication in the Official Gazette (Diario Oficial), and its entry into force takes place at that time or on the date indicated in the statute.

The supreme set of norms is provided by the Constitution. Congress in turn approves statutes (leyes) with varying hierarchy that in all cases must conform to the Constitution. Once enacted, citizens can challenge their constitutionality before the Constitutional Court (Corte Constitucional). The Court’s decisions are final and mandatory.

Most statutes are ordinary laws (leyes ordinarias). There are exceptional circumstances (foreign war, internal disturbance, or social, economic, or environmental emergency) in which the President is temporarily empowered by the Constitution or by Congress to issue decrees with the force of law that are equal to ordinary laws (Decretos Ley o Decretos Legislativos). International treaties duly ratified by Congress also have the status of law. The Constitution expressly provides international human rights treaties take precedence within the internal legal order (Const., art. 93).

The Constitution grants the President regulatory power to issue decrees (Decretos), resolutions (Resoluciones), directives (Directivas), and orders (Ordenes) that must conform to existing laws (Const., art. 189-11). That power (normally manifested in the form of decrees and resolutions) is exercised through government ministries and agencies. Departmental assemblies and municipal councils also exercise regulatory power within their jurisdictions through Ordinances (Ordenanzas) and Agreements (Acuerdos) respectively that must conform to national norms. Once enacted, national, departmental, and municipal administrative norms and conduct can be challenged before the administrative tribunals, which have the power to annul them (see below).

2.2. Executive Branch

The President of Colombia is the head of the executive branch (Const., arts. 188-197). The President is elected, together with the Vice-President, by a nationwide, universal, direct, and majority (50% + one) vote every four years (a second round of voting is mandated if a single candidate fails initially to attain a majority). The president may not be reelected. In 2022, a new president was elected for a four-year term

Pursuant to the Constitution, the president who is also the Head of State and commander-in-chief of the armed forces is called to perform a considerable number of governmental functions. In order to do so, he directs both the central and decentralized levels of the public administration.

The central level of the executive branch currently includes among other organs, the Presidency, the Vice Presidency, nineteen ministries, and various administrative agencies. Ministers and agency heads are appointed by the President and are tasked with setting sectoral policy. The full list of ministries is the following:

The decentralized level of government encompasses autonomous state agencies and state-owned or controlled enterprises, which in some cases have delegated governmental functions. Following the enactment of the 1991 Constitution (arts. 1, 209-211), the government gradually withdrew from its role of service provider by privatizing or liquidating state entities and assets. In others, it has chosen to maintain its regulatory role while unbundling historical State monopolies, opening sectoral markets, and competing with private operators through state-owned or controlled enterprises. Some of the more notable functionally decentralized and autonomous government agencies exercising regulatory authority are:

Resource Management

Utilities Regulation

Sectoral Oversight and Inspection

At a subnational level, departments and municipalities are governed by democratically elected governors and mayors respectively. Departmental assemblies (deputies) and municipal councils (councilors) issue general and binding rules in their respective jurisdictions but are considered part of the executive branch (See Law 489 of 1998, art. 39).

2.3. Judicial Branch

Colombia’s judicial branch is made up of the State’s high courts—the Constitutional Court (Corte Constitutional), the Supreme Court (Corte Suprema de Justicia), the Council of State (Consejo de Estado), the Superior Council of Justice Administration (Consejo Superior de la Judicatura), the Attorney General’s Office (Fiscalía General de la Nación), and the lower administrative and civil courts. The Attorney General’s Office has a helpful English language website, in which it also describes the other organs of the judicial branch.

  • Constitutional Court (Corte Constitutional) reviews the constitutionality of enacted laws when challenged before the court by any citizen (i.e. no specific cause of action is required). The Court also chooses to ultimately and definitively review lower court decisions resulting from a constitutionally sanctioned legal recourse to protect a person’s constitutional rights (Acción de Tutela). Finally, the Court is also responsible for reviewing the constitutionality of international treaties as a condition for their ratification.
  • Supreme Court of Justice (Corte Suprema de Justicia) is the highest court for civil (including commercial), criminal, and labor disputes. The Court has the power to quash appeal decisions by the Superior Tribunals (Tribunales Superiores) in each judicial district (in turn, each judicial district includes municipal courts and circuit courts with jurisdiction based on subject-matter and amount in dispute). The Court is also responsible for the recognition of foreign judgments and arbitral awards (a process known as exequatur).
  • Council of State (Consejo de Estado) is the highest court for disputes arising from administrative conduct or omissions (including those of the Inspector General and Comptroller General). It has the power to annul government decrees and administrative regulations and to order the State to pay damages to aggrieved contractual parties. The Court also reviews the appeals decisions of Administrative Tribunals (Tribunales Administrativos).
  • Attorney General’s Office (Fiscalía General de la Nación) is an independent institution that investigates and prosecutes criminal conduct both of private individuals and public officials (with some exceptions for high public officials). Together with the Inspector General and the Comptroller General, the Attorney General is frequently called upon to opine on public matters and warn of potential illegal conduct.

As a result of the November 2016 peace accord with the rebel group FARC, a transitional justice system was established for crimes committed during the armed conflict before December 1, 2016: Special Jurisdiction for Peace (or JEP) The JEP is expected to operate for a period not to exceed twenty years. A primer on the system was provided by the government.

2.4. Other Important Government Institutions

The Constitution has granted autonomy to several “other organs” that do not belong to the three traditional three branches including the following:

  • National Comptroller’s Office (Contraloría General de la República): exercises fiscal control over government accounts and expenditures. The Comptroller General warns of possible detriment to the treasury, audits government entities, and investigates and determines fiscal liability both of private citizens and public officials. Its findings can be annulled by the administrative courts. See Const., arts. 267-8. Several subnational comptroller offices (departments and municipalities) control the expenditures of local revenues.
  • Office of the Inspector General (Procuraduría General de la Nación): safeguards the administration’s compliance with the Constitution and applicable laws. The Inspector General frequently warns of possible violations, intervenes in judicial process, and investigates and determines disciplinary liability by public officials. Liability findings take different forms including the suspension or dismissal of the officials, but the decisions may be annulled by the administrative courts. See Const. art. 277. A number of municipal ombudsmen (personeros municipales) exercise local jurisdiction. Together with the National Ombudsman Office (Defensoría del Pueblo), and the local ombudsmen, the Inspector General endeavors to promote and protect human rights.
  • Central Bank (Banco de la República): responsible for setting the monetary policy and a number of other functions detailed in a helpful webpage available in English

3. Primary Sources of Colombian Law

3.1. Statutes/Laws

The authoritative source of Colombian legislation is the National Printing Office’s Official Gazette (Diario Oficial. The Senate and the Ministry of Justice have free online databases. Moreover, laws are available at Suin Juriscol – Sistema Unico de Informacion Normativa, including links to standards, jurisprudence, decrees, international treaties, regulations, historical regulations, as well as laws applicable in agrarian and rural jurisdictions.

Colombia’s legal system is heavily influenced by French, Spanish, and Italian legal traditions. It features comprehensive “Codes” (Códigos), which consolidate provisions for specific areas of law. These codes have been enacted by law and therefore have the status of “ordinary laws” (see above). The principal codifications include the following:

  • Civil Code (Código Civil, 1887, as amended): The scope and coverage of the Civil Code is broad. It governs contracts, torts, property, obligations, capacity of persons, marriage, divorce, paternity, guardianship, and succession.
  • Commercial Code (Código de Comercio, Decree 410 of 1971, as amended): It regulates commercial transactions and entities, negotiable instruments, and bankruptcy. For all matters not resolved by the Commercial Code, the provisions of the Civil Code apply.
  • Criminal or Penal Code (Código Penal, Law 599 of 2000, as amended): It establishes criminal offenses punishable by law.
  • Code of Criminal Procedure (Código de Procedimiento Penal, Law 906 of 2004, as amended): It defines the procedures that are to be followed by the Attorney General’s Office and the criminal courts.
  • General Code of Procedure (Código General del Proceso, Law 1564 of 2012, as amended): It defines the procedures required to litigate before the civil courts.

3.2. International Trade and Investment Treaties

The website of the Ministry of Commerce, Industry, and Tourism provides information on commercial and investment agreements to which the country is a party.

3.3. Judicial Decisions

The judicial branch’s website has a landing page that leads to each high court’s website and access to judicial decisions.

4. Bibliography of Sources on Colombian Law in English

The following list of online publications introduces the legal regime in some areas of international interest.

The following is a list of English language treatises available in US libraries. Though some may be outdated, they provide a useful starting point for topical research.

  • Cepeda, Manuel, et. al., Colombian Constitutional Law. Oxford University Press, 2017.
  • Hamilton, Jonathan, et. al., Latin American Investment Protections: Comparative Perspectives on Laws, Treaties, and Disputes for Investors, States and Counsel, Martinus Nijhoff Publishers, 2012.
  • Hudson, Rex A., Colombia: A Country Study. Library of Congress, 2010.
  • Hunter, Tina, et. al., Handbook of Energy Law, Routledge, 2020.
  • Rincón, Daniel, Energy Law in Colombia, Kluwer Law International, 2024
  • Rincón Daniel. Environmental law in Colombia, Kluwer Law International, 2024.
  • Rojas-Orozco, Cesar. International Law and Transition to Peace in Colombia: Assessing Jus Post Bellum in Practice, Brill Nijhoff, 2021.