In Nicaragua, the business sector is preparing an appeal of unconstitutionality against the Tax Concertation Law, approved a few days ago by the National Assembly.
Arguing that the suspension of the agreement between El Salvador and the Asian country was done in an "abrupt and unconsultated" way, businessmen of the Salvadoran sugar sector presented an appeal of unconstitutionality.
The lawsuit was filed on February 20, after the administration Sanchez Ceren finalized the trade agreement with the Asian country in December last year, a decision that was not consulted with the country's productive sector and will affect sugar exports, as they will no longer have preferential treatment.
The court's pronouncement that declared legal the strike of the state fuel refiner and distributor in Costa Rica "has not been competent and introduces us into a very dangerous legal insecurity for national investment and the attraction of foreign investment."
From the statement of the Chamber of Industries of Costa Rica:
Fuels are critical and Costa Rica must be defended as well
Arguing that the basic principles of public procurement were not complied with, in Panama the contract between the State and the company Petaquilla Minera has been declared unconstitutional.
The legal dispute began in 2009, when the Environmental Advocacy Center (CIAM) filed an unconstitutionality appeal against the contract that grants a twenty year concession to Cerro Petaquilla to exploit and sell gold, copper and other mineral resources.
The article of the law in Guatemala, which facilitated access to companies bank information via a court order requested by the tax authorities, has been temporarily suspended.
The decision was taken by the Constitutional Court after a company filed an appeal of unconstitutionality.Based on the arguments put forward, the CC decided to order the provisional suspension of Article 52, which empowered the Superintendency of Tax Administration (SAT) to request that a judge order the lifting of banking secrecy of individuals or companies when there was "...reasonable doubt about the results of the processes or execution of the selective and mass inspection plans'." See "Guatemala: Bank Secrecy Now Lifted"
The Fifth Chamber of Administrative Litigation has declared void the 25 year usufruct contract between Empresa Portuaria Quetzal and Terminal de Contenedores Quetzal, property of APM Terminals.
"...APM Terminals said in a statement: "This is a judicial process in which resources still depend, so we trust in a favorable resolution for the operation of the terminal. APM Terminals will continue this process and in accordance with the law will promote the proceeding resources''."
The Constitutional Court has suspended, in definitive from, the order given by President Jimmy Morales to expel the leader of the International Commission against Impunity in Guatemala from the country.
"...Acting without the accompaniment of his ministers, as ordered by the Constitution, inconsistency in the dates and non use of the process to resolve disputes established in the agreement between the Government of Guatemala and the International Commission against Impunity in Guatemala (Cicig) are the main reasons why the Constitutional Court (CC) yesterday ordered the definitive suspension of the expulsion from the country of Iván Velásquez, head of the Cicig."
In Costa Rica, the Supreme Court has rejected an appeal of unconstitutionality against the prohibition imposed by the government on carrying out promotions in the rice retail trade.
The argument put forward by the magistrates when rejecting the appeal of unconstitutionality filed by Corporación de Supermercados Unidos (Walmart) was based on the fact that"...
The Constitutional Court has temporarily suspended the environmental license granted to the 40 MW Rocja Pontilá hydroelectric project located in Cobán, Alta Verapaz.
The Court's decision is based on a case filed by members of the communities in the area near the lagoon of Lachúa, who argue that the Ministry of Environment granted permission to develop the project "anomalously."
Guatemala's industrialists are demanding speed in the resolution of the case against the La Puya mine, property of Exmingua, whose operating permit was annulled a year ago by the Supreme Court of Justice.
At the end of June last year, the Supreme Court of Justice "definitively" revoked theoperating permitfor the mine La Puya, awarded to the company Progreso VII Derivatives. Now the mining union is asking the Constitutional Court to resolve the problem more quickly, consistent with and as a consequence of the ruling issued to OXEC and as a sign of equal rights and respect for the legal certainty of Guatemala.
The Constitutional Chamber has rejected the appeal filed by deputies against the presidential decree that prevented a 72% increase in LP gas prices and 35% in bunker fuel.
From a statement issued by the Chamber of Industry:
"The Chamber of Industries of Costa Rica has welcomed the rejection by the Constitutional Chamber of the case of unconstitutionality brought by the Deputy of the PUSC Luis Vásquez and other Deputies against the Sectoral Policy of the Executive Power regarding the prices of industrial fuels, corresponding to Executive Decree 39437 of the MINAE, signed in January of last year.This defeats once more the specter of an excessive and disproportionate increase in fuel prices which our industry uses to compete in the world and with the world.
The business sector is questioning the decision made by the Constitutional Court to suspend the operation of two hydroelectric stations and is asking for decisions to be made based on legal criteria, giving priority to the national interest.
From a statement issued by Cacif Guatemala:
February 28, 2017.The events that have occured in recent days have caused uncertainty and concern in various sectors of the country, including the productive sector.
The Supreme Court has rejected the appeal over constitutional guarantees filed by Panama Ports Company against the tender process for the port.
The port company had argued on several occasions that there was no need to build the port in Corozal, for market reasons, an opinion which it began stating when the Panama Canal Authority announced the project.PPCfiled a legal action a few months after that announcement.
The union of private companies has submitted a constitutional challenge against the Collective Bargaining Agreement of the state run refinery Recope.
From a statement issued by the Costa Rican Union of Chambers and Associations of Private Business Sector (UCCAEP):
Costa Ricans would have to pay for paid vacation days during national festivities, subsidies to buy glasses and scholarships for studying abroad, among other things.
Union of Chambers has challenged these benefits, to be paid for with public funds, for being irrational and disproportionate.
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