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Colombia is a civil law jurisdiction, meaning its legal system is grounded in Roman law and influenced by the French (Napoleonic Code) system, as well as Italian and Spanish legal traditions. The country's hierarchy of laws is typical of civil law jurisdictions, with the Constitution serving as the supreme national law. Under this framework, Congress is responsible for enacting statutes, which are considered ordinary laws. These statutes are the result of Congress's primary legislative function and address a wide range of subjects. Colombia's legal system differs from common law systems, which are prevalent in countries like the United States, Canada, and former colonies of the British Empire, where judicial decisions and case law play a more significant role in shaping the legal landscape.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Legal origin | Legislative, "written law" |
| Hierarchy of norms | Constitution, Statutes, Decrees, Ordinances, Resolutions |
| Basis | Roman Law, French (Napoleonic Code), Italian and Spanish legal traditions |
| Court structure | Supreme Court of Justice, Military Tribunals, Special Jurisdiction for Peace, Judicial Chambers for Justice and Peace |
| Anti-corruption laws | Comprehensive anti-corruption legislation, Penal Code, Anti-Corruption Act |
| Treaties | Inter-American Convention against Corruption, Convention against Transnational Organized Crime, Geneva Conventions, UN Convention Against Corruption, UN Framework Convention on Climate Change |
| Organisations | Comunidad Andina, Southern Common Market (MERCOSUR), World Trade Organisation, World Health Organisation, International Centre for Settlement of Investment Disputes |
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What You'll Learn
Colombia's legal system is civil law
The hierarchy of Colombian norms is typical of civil law jurisdictions, with the Constitution as the supreme national law. The Congress passes laws or statutes, most of which are ordinary acts or ordinary laws that deal with all subjects except those addressed by other categories of laws. These include enabling laws, from which decrees with the rank and force of law emerge, and organic acts or charter or organic laws, which are of higher hierarchy. The approval, amendment, or repeal of statutory laws requires an absolute majority vote in both chambers and must occur within a single legislative term.
The Colombian court system is headed by four coequal supreme judicial organs, with the Supreme Court of Justice deciding appeals on errors of law and functioning as a court of cassation to quash lower court decisions. The Special Jurisdiction for Peace is a set of special tribunals created by an agreement between the national government and the FARC to administer justice for crimes committed before December 1, 2016, during the internal armed conflict.
Colombia has codes in diverse subject areas, including civil law, commerce law, civil procedural law, and the Penal Code, which outlines offences punishable by law. The Commercial Code and the General Code of Procedure, which defines the procedures for litigating before civil courts, are also part of the Colombian legal framework.
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The Constitution is the supreme national law
Colombia is a civil law jurisdiction, with its legal system rooted in Roman law and influenced by the French (Napoleonic Code) system, as well as Italian and Spanish legal traditions. The country's hierarchy of laws is typical of civil law jurisdictions, with the Constitution being the supreme national law.
The Constitution of Colombia, enacted in 1991, outlines the country's democratic state, organised as a unitary republic with autonomous territorial entities. It is founded on respect for human dignity, the common good, work, and the solidarity of its people. The Constitution sets out the essential purposes of the state, which include serving the community, promoting overall prosperity, and ensuring the effective exercise of the principles, rights, and duties enshrined within it.
As the supreme national law, the Colombian Constitution takes precedence over any incompatible legal regulations. This means that if there is a conflict between the Constitution and other laws or regulations, the provisions of the Constitution will prevail. The statutes, decrees of the government, ordinances, and resolutions of the council are all subordinate to the Constitution.
Congress, composed of the House of Representatives and the Senate, is responsible for enacting laws, interpreting laws, amending laws, and repealing laws or codes. Most legislation issued by Congress is in the form of ordinary laws, which require a simple majority vote and the sanction of the President of the Republic. In certain exceptional cases, such as war or economic emergency, the President may issue decrees that have the same force as ordinary laws. However, outside of these circumstances, Presidential decrees and resolutions must conform to existing laws.
The Colombian Constitution also recognises the authority of indigenous peoples to exercise their jurisdictional functions within their territory, as long as they do not contradict the Constitution and other existing laws. Additionally, human rights treaties are given the same legal standing as the Constitution, and other international treaties are considered equivalent to laws.
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Congress passes the laws or statutes
Colombia is a civil law jurisdiction, with a legal system rooted in Roman law and heavily influenced by the French (Napoleonic Code) system, as well as Italian and Spanish legal traditions. The country's laws are codified in writing, as opposed to the "common" or "judicial" law systems of countries like the US, UK, and Canada.
Colombia's Congress, composed of the House of Representatives and the Senate, is responsible for enacting, interpreting, amending, and repealing laws and codes. This is in line with the typical function of legislatures in civil law jurisdictions, where the legislature passes new laws and statutes. Most of the legislation issued by Congress is in the form of ordinary laws, which deal with a wide range of subjects unless specified otherwise.
The approval of ordinary laws requires a simple majority vote and the sanction of the President of the Republic. In certain cases, such as war or economic emergency, the President may be temporarily empowered to issue decrees that hold the same force as ordinary laws. However, outside of these exceptional circumstances, Presidential decrees and resolutions must conform to the existing laws passed by Congress.
The approval, amendment, or repeal of statutory laws, on the other hand, requires an absolute majority vote in both chambers of Congress and must be completed within a single legislative term. This process includes a review of the bill's viability by the Constitutional Court, and any citizen may intervene in defence or opposition to the bill.
The Colombian Constitution, the supreme national law, outlines the general structure of the government and provides rules and limits on power. It is worth noting that Colombia's legal system also recognises human rights treaties and other international treaties as holding the same legal standing as the Constitution.
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The President may issue decrees
Colombia is a democratic country, organised under the rule of law. It is a unitary republic with a presidential system, where the President is both the head of state and the head of government. The President is also the commander-in-chief of the armed forces and the supreme administrative authority. The President is elected for a four-year term, and consecutive re-election is not allowed.
The President of Colombia has the power to issue decrees, which are executive orders with the same effect as statutes. These decrees must be sanctioned by the ministries or department directors to be legally enforceable, and these entities are also held responsible for the decrees. However, an exception to this is when the President appoints or removes officials under their administrative authority.
In June 2025, President Gustavo Petro bypassed legislative opposition and issued a decree summoning voters to decide on changes to the country's labour laws, including the potential limitation of workdays to eight hours. This decree was issued in a tense political climate following the shooting of opposition senator and presidential candidate Miguel Uribe Turbay. Petro's decree fulfilled his threat to Congress to put his labour system overhaul before voters after the Senate rejected his proposals twice.
In January 2025, President Petro also issued a decree granting him emergency powers to restore order in the coca-growing Catatumbo region bordering Venezuela, where fighting between dissident rebel groups had resulted in dozens of deaths and thousands of displacements. This decree, which could be extended, gave the President 90 days to impose curfews, restrict traffic, and take other steps that would typically require congressional approval or violate Colombian civil rights.
These examples demonstrate the President of Colombia's ability to issue decrees, particularly in situations where legislative opposition is strong or when urgent action is required to address significant issues affecting the country.
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The judiciary is independent
Colombia is a civil law jurisdiction, with a legal system grounded in ''written law' rather than 'common' or 'judicial' law, which forms the basis of the American, English, and Canadian legal systems. Civil law, also known as Roman law, is the most widespread legal system by landmass and population. It is characterised by systematic sets of rules pertaining to specific subject matters, and in Colombia, it has been influenced by the French (Napoleonic Code) system, as well as Italian and Spanish legal traditions.
The Colombian Constitution of 1991 is the supreme national law, and its provisions supersede any conflicting legal regulations. The Constitution enshrines provisions aimed at ensuring the efficient operation of Colombia as a democratic, unitary, decentralised, pluralistic republic, founded on respect for human dignity and the common good. It outlines the essential purposes of the Colombian state, which include serving the community, promoting overall prosperity, and ensuring the effective exercise of the principles, rights, and duties outlined within it.
The Colombian legal system has a legislative origin, with Congress responsible for enacting, interpreting, amending, and repealing laws or codes. Most legislation issued by Congress are ordinary laws, and in exceptional circumstances, such as war or economic emergency, the President may issue decrees with the force of law. The independence of the judiciary is confirmed by Article 228 of the Colombian Constitution.
The Colombian court system is headed by four coequal supreme judicial organs, with the Supreme Court of Justice (Corte Suprema de Justicia) being the highest court with jurisdiction over civil, family, labour, agrarian, commercial, and criminal cases. Special tribunals also exist, such as the Special Jurisdiction for Peace, responsible for administering justice for crimes committed before December 1, 2016, during the internal armed conflict.
While Colombia has comprehensive anti-corruption legislation, corruption remains prevalent, particularly in the lower levels of government and the judiciary. Payments and bribes are often used to obtain favourable court decisions, and loopholes exist that allow individuals to avoid prosecution. However, Colombia has ratified international treaties, such as the Inter-American Convention against Corruption, and is a member of organisations like the World Trade Organisation, demonstrating its commitment to upholding the rule of law and combating corruption.
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Frequently asked questions
Colombia is a civil law country. Its legal system is grounded on ""written law", as opposed to the "common" or "judicial" law that forms the basis for American, English, and Canadian legal systems.
Common law, also known as case law, is based on the decisions in cases by judges. It is practiced in Canada, Australia, New Zealand, the United Kingdom, and many other countries. Civil law, on the other hand, is based on Roman Law and is influenced by the French, Italian, and Spanish legal traditions, which established the written codification of its laws.
Colombia's hierarchy of laws is typical of civil law jurisdictions. The Constitution is the supreme national law, followed by statutes, decrees of the government, ordinances, and resolutions of the council. Colombia has codes in diverse subject areas such as civil law, commerce law, civil procedural law, and criminal law.
