The Council of State decided to provisionally suspend this administrative act, within the framework of a lawsuit that seeks its annulment. This decision suspends its application, returning these functions to the regulatory commissions, although it does not imply a substantive decision on its nullity or prevent the possibility that the Government issues a new decree with a different scope on this matter.
The Council of State decided yesterday, March 2, 2023, to provisionally suspend Decree 227 of 2023 (the “ Decree 227 ”), by means of which, on February 16, the President of the Republic had assumed office for three (3 ) months regulatory functions in the area of home public services of electricity, gas, water and basic sanitation.
The main effect of the decision is that the application of the Decree is suspended and, therefore, the regulatory commissions for these services (CREG and CRA) will continue to ordinarily exercise the functions corresponding to their regulation: those that have been attributed to them by the Law and those designated by the President since 1994.
