LANGUAGE

Flavour of America S.A. v. Paraguay

The petitioners filed an appeal for legal protection, challenging the constitutionality of two administrative decrees that implemented Article 8 and Article 11 of the FCTC. The Court held that the Executive Branch’s decrees established duties, obligations, and restrictions not allowed under the National Constitution, the law ratifying the FCTC, or the Sanitary Code. According to the Court, the FCTC contained only “programmatic” clauses and not “self-enforcing” provisions. As a result, in the case of a framework convention, the law that approves it must necessarily be regulated by another law enacted by Congress. That Law can then be regulated by a decree issued by the Executive Branch. The Court stated that there is no express legislative delegation that enables the Executive Branch to regulate Articles 8 and 11 of the FCTC by decree, especially when there are already prior and subsequent laws entirely in force.