The second proposal of the Jaguar Law was ruled unconstitutional by the Constitutional Chamber. Titled “Jaguar Law to Boost Costa Rica’s Development,” the proposal, presented by the government of Rodrigo Chaves with the intention of holding a referendum, did not pass the constitutional test, according to the magistrates.
In June, the magistrates addressed queries from the Supreme Electoral Tribunal and the Comptroller General of the Republic (CGR), determining that Articles 4 and 5 of the proposal were unconstitutional. Article 4 aimed to reform Article 67 of the General Law of Public Contracting, while Article 5 sought to amend Article 5 bis of the Organic Law of JAPDEVA.
Jaguar Law 2.0—under file No. 24,467—proposed several reforms, including changes to the powers of the CGR, adjustments to state contracting and procurement processes, and the expansion of JAPDEVA’s execution scope on Costa Rica’s Atlantic Coast.
The push for a referendum emerged after the Comptroller General’s Office halted the Government City project. In July, the Constitutional Chamber ruled the consulted articles of the original Jaguar Law unconstitutional. As a result, the government, led by Minister of the Presidency Laura Fernández, introduced the revised Jaguar Law 2.0.
Minister Fernández urged deputies to approve a referendum on the updated version, asserting that the new draft resolved prior constitutional issues. However, following a review by the Supreme Electoral Tribunal (TSE) and the Comptroller’s Office, it was found to still have legal flaws.
Despite this setback, President Chaves celebrated the ruling as a victory, shortly thereafter unveiling Jaguar Law 2.0, which he described as “immaculate.” The president noted that the magistrates had “given him the recipe” for making necessary changes to the Law of the Comptroller General of the Republic.
With the ruling and the tight legal deadlines for organizing a referendum, it now seems unlikely that President Chaves’ plan to bring the Jaguar Law to a public vote will materialize.
