The Council of State decided to provisionally suspend this administrative act, within the framework of a lawsuit seeking its nullity. This decision suspends its application, returning these functions to the regulatory commissions, although it does not imply a substantive decision on its nullity, nor does it provide for the possibility of the Government issuing a new decree with a different scope on this matter.
The Council of State decided on March 2, 2023, to provisionally suspend Decree 227 of 2023 (the “Decree 227“), by means of which, last February 16, the President of the Republic had assumed for three (3) months regulatory functions concerning residential public utilities 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 of these services (CREG and CRA) will continue to exercise in an ordinary manner the functions corresponding to their regulation: those attributed to them by the Law and those designated by the President since 1994. Read more
