DECISION C-644/17. Payment for environmental services and incentives to the conservation


The Court had to establish if the norms contemplated by the Decree No. 870 of 2017 “by means of which are established the payment for environmental services and incentives to the conservation” fulfills the requirements of form and competence in its expedition. After this verification the Tribunal proceeded to the material analysis of the dispositions, in order to check if its content is commensurate with the Political Constitution. In that exercise, the Court (i) mentioned the parameter for the constitutional control of the Decrees proffered in exercise of the presidential faculties to achieve the peace; (ii) analyzed the fulfillment of the formal and competence requirements, (iii) and presented a theoretical and jurisprudential content about the Ecological Constitution and the importance of the environmental protection within the frame of processes of transitional justice. After these considerations, the Tribunal declared the constitutionality of the articles 1, 3, 4, 6, 7 and from 9 to 23. The article 2 was also declared constitutional except its 3rd subparagraph, which was declared conditionally constitutional. The articles 5 and 8 were declared constitutional, except some of their expressions which were also declared conditionally constitutional.