Daily Archives: January 11, 2019

Unconstitutionality in the Law of Social Enterprises

El Diario reports:

Private entrepreneurs demand for:

  • The sector points out that the regulation allows the appropriation of private goods
  • “Contains several provisions violating human rights, guarantees and constitutional principles, such as equality and non-discrimination, protection of private property, freedom of enterprise, free association, circulation, guarantee of due process, right to defense, principle of contestation , among others,” they argue

In a public statement, released yesterday [01/08/2019] afternoon, the Confederation of Private Entrepreneurs of Bolivia (CEPB) announced that it filed a lawsuit of unconstitutionality against at least seven articles of the Law of Social Enterprises, which allows workers to take over the company in which they work, under certain causes.

The document states that some contents of articles 2, 4, 5, 6, 7, 9 and 11, in addition to the third and fourth additional provisions, contain several points that violate human rights, guarantees and constitutional principles, such as equality and discrimination, protection of private property, freedom of enterprise, free association, circulation, guarantee of due process, right to defense, principle of objection, among others.

The document also explains that, because the law provides that only certain elected authorities such as senators and deputies are authorized to present these resources, they are represented in this action through the parliamentary of the Democratic Unity Fernanda San Martín, who also agrees with the arguments of the businessmen and “she has experience as a member of the Human Rights Commission of the Lower Chamber”.

The businessmen recall that the unconstitutionality action against this law was decided at the Businessmen’s Congress held on May 29 in Santa Cruz. From then on, – they explain – the team of lawyers of the CEPB along with specialists in constitutional matter, during several months they made a meticulous and deep analysis of the law, and of the divergences with the constitutional principles.

They clarified that “they do not oppose the creation of social enterprises, however, they question the way in which Law 1055 was enacted because it provokes confrontation between workers and employers, discourages investment and does not respect private property.”

http://www.eldiario.net/noticias/2019/2019_01/nt190109/principal.php?n=75&-inconstitucionalidad-en-ley-de-empresas-sociales