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Wednesday 04 July 2007

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Referendum Is A Go!
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Referendum Is A Go!
With five votes in favour and two against, the magistrates of the Sala Constitucional (Constitutional court) yesterday said that the Tratado de Libre Comercio (TLC) - free trade agreement with the United States - is not unconstitutional and paved the way for the Tribunal Supremo de Elecciones (TSE) to move ahead with holding the referendum.

The public vote will be held on October 7.

The court decision came down at 10:00am yesterday, clearing up all doubts of constitutionality regarding the trade agreement and arguments brought forth by a number of parties opposing the trade deal and their attempt to stop the popular vote.

The TSE had announced the October 7 date last month, but had made it clear that all plans for the referendum where on hold pending the court decision, a decision that was not expected until later this month.

In the case that a majority of the magistrates had found constitutional problems with the trade deal, the referendum would have not been held and the trade deal would have gone back to the Legislature for a vote.

With the court's decision, Costa Ricans will now have a say in the future of the trade pact that is already in force in the other Central American countries and the Dominican Republic. Costa Rica is the only signatory country in the Central American Free Trade Agreement (CAFTA) to not ratify and implement the trade deal.

Yesterday's court decision dissipates all doubts on the agreement, doubts that have been used to stall the passing of the agreement in the Legislative Assembly.

The Constitutional Court was consulted on the constitutionality for the trade deal by the Defensoría de los Habitantes (Ombudsman) and 18 legislators; 16 of the Partido Acción Ciudadana (PAC), José Merino of the Frente Amplio and Óscar López of the Accesibilidad sin Exclusión.

The vote in favour was given by magistrates Luis Fernando Solano (president of the court), Luis Paulino Mora, Ana Virginia Calzada, Adrián Vargas and Ernesto Jinesta. The vote against was by Gilbert Armijo,  Fernando Cruz, who said they found constitutional problems with the TLC.

The decision handed down yesterday was received with mixed reaction, as some opposing the trade deal accused the court of being manipulated by the politicians.

Costa Rican president, Oscar Arias, went on national television last night with a live message telling the audience that the court decision is proof that in Costa Rica conflicts are resolved by law and not by force.

The president reaffirmed his pleasure with the decision and said that Costa Ricans should be filled with pride.

Arias thanked the magistrates of the court for their job and said it is now up to Costa Ricans to decide on the future of the trade deal and now there are no more pretexts or excuses, the people now have to get out an vote.

For his part, the Ministro de la Presidencia, Rodrigo Arias and the president's brother, asked all Costa Ricans to respect the decision of the court, that all oppositors to the trade deal respect the constitutional order and specifically the Partido Acción Ciudadana to leader the respect for the legal process in the country.
 



Luis Fernando Solano (president of the Constitutional Court) announced yesterday the court's decision on the constitutionality of the Tratado de Libre Comercio (TLC).

 

 

 
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