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Judgement No 0006-10-SEE-CC

País/Territorio
Ecuador
Tipo de la corte
Nacional - corte superior
Fecha
Mar 25, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Corte Constitucional
Sede de la corte
Quito
Número de referencia
0008-09-EE
Idioma
Español
Materia
Agua
Palabra clave
Ordenación/conservación
Resumen

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.

Texto completo
0006-10-SEE-CC.pdf