La Gaceta Must
Be In Print For
Legality
The strike by
the workers of
the Imprenta
Nacional
(National Press)
is the source of
controversy over
the government's
plans to make
the digital
publication La
Gaceta (Official
Gazette)
effective legal
publication.
However, an
opinion by the
Procuraduría
General de la
República in
2005 says the
publication must
be in ink print
for it to be
effective.
The Attorney
General's Office
opinion says
"the written
version cannot
disappear for
reasons of
legality and
legal
certainty",
wrote Ileana
Bolaños Cubillo,
a lawyer for the
AG, in response
to a question
from the then
director of the
National Press,
Bienvenido
Venegas.
In 2005, Venegas
wanted to know
if it was
legally possible
to replace the
print edition of
the Gaceta. The
statement, file
C273-2005, from
the Attorney
General stated
that the digital
version can only
be a supplement
to the printed
version.
Not publishing
the Gaceta in
effect means
that all
government
decrees, laws,
notices, etc
cannot go into
effect up to and
until the Gaceta
is published.
At the heart of
the controversy
is the plan of
the Chinchilla
administration
to make the
digital
publication
effective to
enforce the
decree signed by
Chinchilla on
May 8, her first
act as
president,
banning open-pit
mining.
The failure to
publish the
Gaceta also is
affecting the
increase of
gasoline prices
that was to go
into effect
today. The
digital edition
of the Gaceta
calls for an
increase of ¢5
colones for a
litre of
gasoline due to
an adjustment in
taxes on
gasoline
products, but
the price at the
pumps did not
change.
The Diccionario
de la Real
Academia
Española
(dictionary of
the Spanish
Royal Academy),
defines
publication as
"written form,
like a book,
magazine,
newspaper, etc.
and has been
printed".
Thus the state
lawyer's is
clear that for
legal effect,
the Gaceta has
to be printed.
This notices
makes Edgar
Morales, head of
the Asociación
Nacional de
Empleados
Públicos y
Privados (ANEP)
very happy, as
the strike by
his membership
will have the
effect sought.
There had been
some doubt in
the last couple
of days of
continuing the
strike if the
digital
publication
would be legal.
But now, Morales
assures that the
strike will
continue.
The strike arose
because the
Ministerio de
Hacienda
(Ministry of
Finance) did not
approve the top
of unemployment
benefit to 12
years,
established it
at eight.
For the digital
version of La
Gaceta go to:
http://www.gobierno-digital.go.cr/e-gob/gacetadigital/
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