Legislative Consultation with Constitutional Division of the Supreme Court

This decision is an official consultation by ten legislators to the Constitutional Court regarding the constitutionality of Costa Rican tobacco control legislation.  After the legislature approved the legislation but before the President signed the law, legislators officially consulted the Constitutional Court asking them to assess if the procedure followed by the leadership of the Legislative Assembly was appropriate and whether the legislation met constitutional standards.  The petitioners claim that the Legislative Assembly members used a nonexistent regulatory and Constitutional procedure.  Additionally, the petitioners argue that the restrictions regarding advertising, promotion and sponsorship; price and tax measures; smoke free measures; contents and disclosure measures; illicit trade; and other such measures are disproportionate and unreasonable.  The Court declared the law constitutional and explained that the country has the power to place effective restrictions on tobacco, all with the goal of protecting public health.

Legislative Consultation with Constitutional Division of the Supreme Court, No. 2012-003918, Constitutional Division of the Supreme Court (2012)

  • Costa Rica
  • Mar 20, 2012
  • Constitutional Division of the Supreme Court
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Parties

Plaintiff

Defendant

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

[Citing FCTC Preamble and Objective] "Thus, there is no doubt that the measures questioned in the enquiry are in keeping with the objective assumed by our country to place effective restrictions on tobacco, all with the goal of protecting public health, which was already confirmed by this Constitutional Tribunal."
"We deduce from the above international norm [FCTC ARTICLE 16] that there are clearly identifiable and legitimate grounds in the provisions drafted by the lawmaker, which consists of putting up barriers to the commercialization of tobacco products, such as the type the questioners show (setting a minimum number of units for retail sale), in order to prevent or block their acquisition by minors. Given the above, the objections formulated here are inadmissible, as well."