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Judgement No 011-13-SIN-CC

Country/Territory
Ecuador
Type of court
National - higher court
Date
Nov 12, 2013
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Quito
Reference number
0048-11-IN
Language
Spanish
Subject
Legal questions
Keyword
Management/conservation
Abstract

The Ecuadorian Constitutional Court is asked to review the constitutionality of several laws and decrees creating a national environmental administrative authority.

The opponents of this national environmental authority argued that the constitution provides that local environmental and land use planning matters are the exclusive domains of local governments and municipalities.

The court considered that the field of competence given to the national environmental administrative authority was not overlapping the one of the local governments, and was, on the contrary, complementary to ensure an efficient environmental protection.

Consequently, the Constitutional court considered that those laws and decrees creating a national environmental administrative authority were in line with the constitution.

Full text
011-13-SIN-CC.pdf