The following table presents an overview of Costa Rica’s legal framework and a brief description of each of its components.
Table 3.1 Costa Rica’s Legal Framework
Costa Rican Legislation
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Description
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Constitution of the Republic of Costa Rica
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The Constitution is the highest source of law.
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Treaties and international agreements
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According to Article 7 of the Constitution, public treaties and international agreements shall have, upon approval by Congress, a rank higher than ordinary laws and decrees but lower than the Constitution.
Some treaties shall meet a special voting requirement depending on their subject matter; for instance, treaties that affect the territorial limits or political organization of the country require a majority vote of three-fourths of Congress.
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Laws and other decisions with equivalent rank
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According to Article 124 of the Constitution, in order to become law, bills must be approved by Congress. They must then be promulgated by the Executive Branch and published in the official newspaper.
In some cases, the law may be approved by Permanent Commissions. However, Congress may, at any time, recover its powers and debate or vote on the delegated bills. Bills on elections, taxes, and certain constitutional issues are not subject to delegation.
The Executive Branch has veto power on any project approved by Congress. However, Congress can repeal the veto by a super majority vote of two-thirds of its members.
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Executive Decrees that implement legislation
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These decrees are issued by the Executive Branch to make possible the application or execution of laws. Executive decrees fulfill or foresee all necessary details to secure execution of the legislation. These are administrative acts of general application.
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Other executive regulations issued by the Executive Branch, statutes, and bylaws of decentralized entities
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These decrees are issued by the Executive Branch Ministries in order to apply or execute the laws, regulate specific proceedings, or rule over any specific matter that requires detailed regulation. These regulations also fulfil or foresee all necessary details to execute legislation or the responsibilities appointed to the Ministries. These are administrative acts of general application.
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Other administrative decisions such as accords, instructions, circulars, and general acts (Directrices, instrucciones y circulares)
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All of these administrative acts represent the will and decisions of the entities that form the Public Administration. Each type of act varies according to its special conditions.
Bylaws, instructions, circulars, and general administrative acts cannot impose any sanctions, fees, charges, or fines.
The Instruction is a basic order, issued within a non-hierarchical relationship between two government agencies. It defines objectives and goals in a general manner.
Orders are typical expressions of the hierarchical relationship. The order refers to specific matters.
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Precedents, custom, and the general principles of law
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These are used to interpret, integrate, and determine the application scope of written legislation. They have the rank of the interpreted, integrated, or delimited provision.
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The following table presents a list of Treaties and International Agreements ratified by Costa Rica that are applicable to the project (i.e., wireless telecommunications projects for the rural area).
Table 3.2 List of Treaties and International Agreements ratified by Costa Rica
Environment
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Central American Regional Agreement on Climate Change, adopted in Guatemala City, on October 28th, 1993, approved by law N° 7513 dated May 26th, 1995;
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Convention Concerning the Protection of the World Cultural and Natural Heritage, adopted in Paris, November 21st, 1972, approved by law N°5980, dated October 26th, 1976;
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Convention for the Conservation of the Biodiversity and the Protection of Wild Priority Areas in Central America, adopted in Managua, Nicaragua, on June 5th, 1992, approved by law N° 7433 dated September 14th, 1994;
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Convention for the Protection of the Flora, Fauna and Natural Scenic Beauties of the. Countries of America (Washington Convention), adopted in Washington DC, on October 11th, 1940, approved by law N°3763 dated October 19, 1976;
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Convention on Biological Diversity (and its annexes), adopted in Rio de Janeiro, on June 13th, 1992, approved by law N° 7416 dated June 30th, 1994;
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Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted in Washington DC, on March 3rd, 1973, approved by law N° 5605 dated October 22snd, 1974;
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Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere, adopted in Washington DC, on December 10th, 1940, ratified in 1967;
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Convention on Wetlands, adopted in Ramsar, Iran on February 2nd, 1971, approved by law N°7224 dated April 9th, 1991;
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Constitutive Agreement of the Environment and Development Central American Convention and its Protocol, adopted in San José, Costa Rica, on December 12th, 1989, approved by law N° 7226, dated April 2, 1991;
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Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted in Japan, on March 16th, 1998, approved by law N° 8219, dated March 8, 2002;
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Regional Agreement on the Administration and Conservation of Natural Ecosystems and the Development of Forest Plantations, adopted in Panama City, on December 11th, 1992, approved by law N° 7520, dated July 6th, 1995;
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Tegucigalpa Protocol of the Letter of the Organization of American States (ODECA), adopted in Tegucigalpa, Honduras, on December 13th, 1991, approved by law N° 7502, dated May 3rd, 1995;
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United Nations Framework Convention on Climate Change, adopted in New York, on June 13th, 1992, approved by law N° 7414 dated date July 4th, 1994.
Labor
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ILO Convention (No. 81) concerning Labour Inspection in Industry and Commerce. Adopted in Geneva, on July 11th, 1947, approved by law N°2561 dated May 11th, 1960;
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ILO Convention (N° 148) Working Environment (Air Pollution, Noise and Vibration) Convention, adopted in Geneva, on June 20, 1977, approved by Law N ° 6550 dated March 18th, 1981.
Telecommunications
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Constitution of the International Telecommunication Union, adopted in Geneva, on December 22nd, 1992, approved by law N°8100 dated April 4th, 2002; and
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International Telecommunication Convention (ITC), adopted in Malaga-Torremolinos, Spain, on 1973, approved on September 3rd, 1979.
Indigenous Populations
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ILO Convention (N º 169) regarding the Indigenous Communities and Tribes in Independent Countries. Adopted June 27, 1989 by the ILO General Conference in the 76 reunion. Effective September 5, 1991, in conformity with article 38.
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