Spanish
The Ecuadorian Constitutional Court is asked to review the constitutionality of a presidential decree requisitioning the reservoirs and dams “La Esperanza” and “Poza Onda”, the related installation and the properties of the company Manageneracion S.A . The president justified these measures by the fact that Manageneracion S.A‘s management of the dams and reservoir led to restrict access to water.
The court considered that the decree was in line with the constitution because it was justified by the severity of the situation with regard to access to water, by the fact that there was no other legal alternatives, and that there is direct causal link between the activities of the company managing the dams and the measures adopted. Also, it held the decrees will not affect constitutional and fundamental rights and will not interrupt the Rule of Law.