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Economic Reactivation Plan is declared unconstitutional in El Salvador

On June 14, 2020, the Government of El Salvador launched Executive Decree 31 called “Health Protocols to guarantee the rights to health and life of people, in the process of gradual reactivation of the economy, during the COVID-19 pandemic, applicable in the western, central and eastern areas of the Republic of El Salvador”.

The Supreme Court of Justice of El Salvador, through the Constitutional Chamber, issued a resolution of unconstitutionality Ref 21-2020, by which they decided to declare the Executive Decree number 32, of July 29, 2020, unconstitutional, because it contradicts the established constitutional parameters, related to the suspension and limitation of fundamental rights. Likewise, they established that this sentence would produce its legal effects until August 23, 2020.

At the time of writing, there are no regulations that regulate an orderly and planned economic reopening to avoid reoccurrence of COVID-19 infections. Faced with this situation, the Presidency of the Republic reiterated on television that it would abide by this resolution and established health measures for the economic reopening, such as making hospital beds available for COVID-19 patients, taking samples of the disease, recommending clusters to reduce infections, delivering food packages, and providing immunity cards, among others; Likewise, they urged businessmen to voluntarily maintain the reopening phases in accordance with Executive Decree 31, which was declared unconstitutional. For its part, the Legislative Assembly of El Salvador is evaluating the design of a transitory decree to regulate such economic opening.

David Claros Flores
García & Bodán
El Salvador