Lawyer Juan Ramon Sevillanoone of the ten plaintiffs for unconstitutionality of Law 406 of the mining contract, clarified that it is not necessary for it to be published in official Gazette the ruling of the Court for it to be valid.
According to what the lawyer explains, once the ruling is given, the parties will be notified personally or by edict and three days later this will be executedwithout the need to wait 10 more days for it to be published in the Official Gazette.
He stressed that the publication in the gazette is advertising to third parties so that the people are aware, but the sentence after three days is final.
He recalled that in 2008 together with the CIAM, he filed a similar lawsuit, at that time against the contract of 1997which was declared unconstitutional in December 2017and it became firm in that same month of the same year, not in 2021.
“The company and the government have taken advantage of this theory to exempt the payment of royalties from 2017 to 2021, which have been left in legal limbo,” he stated.
Sevillano is sure that the Court will rule unconstitutionalsince, it is contained in the same recitals from 2017, which were inserted in the new lawsuit.
He emphasizes that there are very different things in this new contract with the one from 1997, such as: the number of hectares, the mineral in 1997 was gold, now we are talking about copper, the company is different; among other things. So saying that if there was already a ruling on the old contract, a new one is not necessary is something that remains to be debated.
2023-11-26 00:50:16
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