Almost a month after the Constitutional Court (CC) temporarily suspended the application of the reforms of the Ordinance on the Law on the Organic Environment brought by the President of the Republic, Guillermo Lasso, by Executive Order 754, the business sector indicated that there are 176 licensing. processes suspended by this measure, and that the short-term effect of economic stagnation will exceed 2 billion dollars.
These processes would relate to extraction plans, tourism activities, processing plants, waste management centers and electrical projects.
The Constitutional Court temporarily suspends the application of the regulation of the Organic Environmental Code relating to environmental consultation
On July 31, 2023, a panel of the Court composed of Judges Karla Andrade, Alejandra Cárdenas, and Richard Ortiz admitted for prosecution a public complaint of unconstitutionality in form and substance brought by the Pachamama Foundation, Catholic University Law Center. of Ecuador (PUCE) and the Confederation of Indigenous Nationalities of Ecuador (Conaie).
The unconstitutionality suit included a request for precautionary measures that – according to the judges – adhered to “credible or credible facts, immediacy and seriousness of the harm” and suspended enforcement of the regulations.
The business sector, for its part, expressed concern about the decision of the Constitutional Court in a statement on its X account (Twitter) and requested that the suspension be reconsidered, taking into account the negative impact on legal security and socioeconomic development. countries, countries.
#Free up: Without environmental permits, investments are paralyzed. pic.twitter.com/fe206v1aKf
– Ecuadorian Business Council (@CeEcuatoriano) August 28, 2023
“At a time when investment and stability are vital for the country, halting the environmental permitting process creates uncertainty and encourages illegal activity,” the union said in a statement released on Monday, August 28.
Likewise, the Chamber of Industry and Production expressed its disagreement and joined the Commission’s request.
According to information from the Presidency of the Republic, projects related to electricity, hydrocarbons, and mining, which the Government of Guillermo Lasso intended to initiate, are underway.
The suspension of the Regulation on environmental consultation will enter into force in more than a hundred strategic projects
One of the regulatory reforms carried out by the head of state indicates that the competent authority for environmental protection or decentralized autonomous governments will be in charge of implementing the process of citizens’ participation in environmental consultation. However, in the event that this procedure results in the majority opposition of the consulted subject, the decision to issue or not issue an environmental permit will be made by a decision duly justified by the authority responsible for the environment.
In accordance with state regulations, citizen participation in environmental consultation will take place in situations where projects, works or activities, regardless of whether they are considered to have a high or medium impact on the environment, belong to both strategic and non-strategic sectors.
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Source: Eluniverso
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