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.

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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

Parties

Plaintiff

Defendant

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None