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Judgement No. C-431-00

Country/Territory
Colombia
Type of court
National - higher court
Date
Apr 12, 2000
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Bogotá D. C.
Reference number
D-2589
Language
Spanish
Subject
Legal questions, Environment gen.
Abstract

The Colombian Constitutional Court is asked to review the constitutionality of paragraphs 6 (partial) and 7 (part) of Article 1 of Law 507 of 1999, by which the Law 388 of 1997 is amended.

The applicant considers that these paragraphs enshrines the administrative silence as a binding instrument to achieve the formulation and adoption of Land Management Plans by the Municipalities, Districts and Metropolitan Areas, preventing the State  fulfil their constitutional duty to protect the diversity and integrity of the environment.  

According to the appellant, the solution to overcome the disadvantages caused by the delay of the environmental authorities to approve or disapprove the plans on Land Management openly denies the right of people to enjoy a healthy environment and the state's duty to protect.

The Court followed the argumentation of the appellant and declare unconstitutional the paragraphs challenged.

Full text
sentencia-c-431-00.pdf