South American - COVID-19 Lawsuits

RULED:  State of emergency deemed unconstitutional

Constitutional Court ruled that Decree 1217 for a State of Emergency declared by President Lenín Moreno on December 21, 2020 is unconstitutional. The Court found that the president based the state of emergency on a possible future risk and not a current one, without sufficient, clear and specific information. Since states of exception operate in the face of current and certain circumstances, the actual occurrence of the events was not justified. The President responded that his government will abide by the ruling of the Court because it is "respectful of the rule of law". He further stated that in large cities, the Intensive Care Units (ICU) are "on the brink" and that there may be an upturn in infections in January, for which they have a "contingency plan."

“Due to the foregoing, the Court decided: 

1. To declare Decree No. 1217 unconstitutional. 
2. Remind the President of the Republic and the competent authorities that the measures referred to in Decree No. 1217, aimed at avoiding crowds and mass meetings as well as preventing the possible risks of the new variant of COVID-19 identified in the United Kingdom, they can be adopted based on the attributions of the ordinary constitutional regime, even by the COE, as in fact has happened, without it being necessary to resort to the extraordinary powers authorized in a state of emergency. 
3. Faced with the possible risks of the new variant of COVID-19, the Court reiterated its call to the national government to reinforce, in a coordinated manner, the prevention mechanisms available under the ordinary regime.”

Full text:  eluniverso.com