American Expatriate Costa Rica

Constitutional Chamber reiterates moratorium on oil exploitation

The magistrates of the Constitutional Chamber declared there was no action of unconstitutionality, which was filed against three executive decrees dictated in 2011, 2014, and 2016 aiming to nullify the moratorium on exploration and oil exploitation.

The claims were raised by the College of Geologists of Costa Rica, an organization that asked to annul the decrees for injuries to the hierarchy and the right to work.

According to information issued by the Judiciary, the decrees maintain a moratorium in terrestrial and maritime spaces until September 15th, 2021.

The Court resumed what was indicated in a previous decision (March 6th, 2013) and concluded that the Decrees are a valid exercise of the powers of the Executive Power in this matter that in this case were based on international commitments acquired in environmental matter,”

quotes part of the resolution issued by the magistrates.

Similarly, the ruling indicates that it was not possible to demonstrate a constitutional effect on the right to work of geologists.

The decrees have sufficient support in the international regulations accepted by Costa Rica in recent years in the fight against climate change, and in the constitutional duty to ensure the protection of the environment established in Article 50 of the Fundamental Charter,”

said the court.

Unanimously, the measure was accepted by Ernesto Jinesta Lobo, Fernando Cruz Castro, Fernando Castillo Víquez, Paul Rueda Leal, Nancy Hernandez Lopez, Luis Fernando Salazar Alvarado and José Paulino Hernández Gutiérrez.

crhoy.com