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Judgement No 0006-10-SEE-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Mar 25, 2010
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Quito
Reference number
0008-09-EE
Language
Spanish
Subject
Water
Keyword
Management/conservation
Abstract

The Ecuadorian Constitutional Court is asked to review the constitutionality of the presidential decree establishing the state of exception in the region of the Lake of Yahuarcocha and its surroundings, in the province of Imbabura.

 

The court considered that the decree was 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. In this case the Lake Yahuarcocha was suffering from a severe pollution resulting from human activities. The environmental degradations were very important, which led the constitutional court to consider that the measures taken were proportionate. Furthermore, the decree past the state of exception proportionality test because it is limited in time (sixty days) and space (the lake and its surroundings), will not affect constitutional and fundamental rights and will not interrupt the Rule of Law.

Full text
0006-10-SEE-CC.pdf