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Article Excerpt Costa Rica's constitutional court, Sala IV of the Corte Suprema de Justicia (CSJ), has agreed to hear a case involving the Central America Free Trade Agreement (CAFTA) that could scuttle plans to hold a popular referendum on whether to ratify it. The justices announced May 11 they would hear the question of constitutionality of the trade agreement and issue a verdict within a month. Judges said they would begin deliberations as soon as they received a copy of the 2,000-page agreement. Residents Defense office spokesman Ahmad Tabash subsequently told the media that the text has been delivered and that a decision is expected by mid-June. It was this office, the Defensora de los Habitantes, that brought the case.
One question at issue is whether, if the court finds the agreement unconstitutional, the planned referendum on it could still be held. Luis Antonio Sobrado, interim president of the Tribunal Supremo de Elecciones (TSE), would not speculate. "It depends on how the Sala resolves the consultation. For the moment, we're continuing to organize the referendum," he said.
Sala IV opinions on legislation that has not been voted on is binding only if there are procedural errors in the way the bill was handled, not on the content.
That leaves the CAFTA...
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