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Advisory opinion No 001-14-DEE-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Jan 15, 2014
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Quito
Reference number
0003-13-EE y 0004-13-EE
Language
Spanish
Subject
Forestry
Keyword
Management/conservation
Abstract

The Ecuadorian Constitutional Court is asked to review the constitutionality of two presidential decrees establishing the states of exception in the Esmeraldas region to protect the rainforest.

 

The court considered that the decrees were in line with the constitution as it states that the States is entitled to take any precautionary and restrictive measures necessary to protect the environment. Also, it held the decrees to be proportionate to the threat, as it is limited in time (sixty days) and space (the Esmeraldas region), will not affect constitutional and fundamental rights and will not interrupt the Rule of Law. 

Full text
0001-14-DE-CC.pdf