The Ministry of Environment and Energy (MINAE) and the National System of Conservation Areas (SINAC-MINAE) annouced the Constitutional Court rejected the action filed by several fishermen associations against the expansion of the boundaries of Cocos Island National Park established through Executive Decree No. 43368-MINAE. The constitutional judges unanimously considered that the aforementioned decree does not violate constitutional rights.
“A consultation process was carried out prior to the issuance of the challenged decree in which the fishing sector was given ample participation and in which it was able to raise issues, doubts, request additional hearings and provide evidence,” the Constitutional Court declared. The plaintiffs claimed that the Decree was contrary to Articles 11, 28, 33, 34, 45, 46, and 50 of the Political Constitution, and that it violated the constitutional principles of regulatory power, legal reserve, free enterprise, right to work, innocence, legality, reasonableness, legitimate trust, and pro homine. The judges also pointed out that there are technical studies that demonstrated the viability of issuing the decree, in order to provide greater protection to the Cocos Island National Park and the Bicentennial Marine Area.
“The permits, concessions, and authorizations of the fishermen have not been modified or affected, and the scope of the decree seeks to provide greater protection to the marine resource, so that neither legal certainty nor legiti.
