LANGUAGE

Tabacalera del Este S.A., et al. v. Paraguay

The petitioners filed an appeal for legal protection, challenging the constitutionality of two administrative decrees that implemented Article 11 of the FCTC, providing for stronger warning and labeling requirements than the regulations in effect at the time. The petitioners claimed that the decrees had been issued in violation of several constitutional provisions, particularly those providing for separation of powers, the right to commerce, free circulation of goods and supremacy of the Constitution. The Court held that, even though the FCTC had become legally binding to Paraguay upon its ratification and entry into force, this type of regulations needed to be adopted by the Congress. Therefore, both administrative decrees were unconstitutional, as they had been issued by the executive branch in violation of the separation of powers.