This constitutional appeal has split the judges right down the middle, we only require one more judge to vote yes on accepting our case and the saga will continue.
What a mess the C.R. legal system finds itself in.
The following article appeared in
I love the part that says that "This news confirms that 3 judges are in favour and 3 judges are against" I guess "leaks" don't apply to the Sala 1V. Bottom line, deny the action then PAY compensation.
Can the Fourth Chamber aside a judgment of the judges of the First Chamber of the Court? That's the question seven judges have to be answered during a meeting on the ninth floor of the Supreme Court.
The Fourth Chamber has spent five months analyzing a claim of unconstitutionality submitted by Industrias Infinito against the judgment of the Court of the Court which upheld the suspension of the mining project Crucitas and conviction to the State and the company for environmental damage.
The president of the Constitutional Court, Ana Virginia Calzada, is the first to admit that the case is very complex and take months discussing it in court and especially the implications it could have.
The lack of a decision of the Fourth Chamber prevents end the case and keeps the parties, environmentalists and entrepreneurs, waiting for the decision.
This news confirmed that three judges are in favor of rejecting the action, while the other three want to admit it.The seventh judge is not yet clear and come to tie the issue.
The constitutional lawyer Manrique Jimenez, who has never belonged to the process, says the Constitutional Court should respect its case and reject the action.
The specialist is of the opinion that the judgment of the Court of the Court is already "res judicata"
Meanwhile, the cases are still pending. Environmentalists can not collect damages until the Constitutional Court to rule, while the company can not decide whether to sue Costa Rica internationally to have white smoke on this issue.