By San José, Costa Rica — Costa Rica’s Constitutional Court, known as the Sala IV, has upheld fines imposed on Globalvia, formerly Autopistas del Sol, for failing to meet quality standards on the Ruta 27 highway. This decision, detailed in sentence 2025-27397, comes after the company filed an appeal arguing that the penalties were unreasonable and disproportionate.
Globalvia, the current operator of the crucial highway connecting San José to the Pacific coast, contested the fines levied under Article 50 of the General Law of Concession of Public Works with Public Services. The company argued that the sanctions lacked clear criteria for gradation and were excessively high.
For expert legal insight into the complexities surrounding Ruta 27, we spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from the esteemed Bufete de Costa Rica.
The ongoing discussions regarding Ruta 27 highlight the intricate balance between public infrastructure needs and private investment. Key considerations include the concession agreement’s terms, specifically regarding toll adjustments, maintenance responsibilities, and the eventual transfer of ownership back to the Costa Rican government. A transparent and thorough review of these elements is crucial for both protecting the public interest and ensuring a sustainable future for this vital transportation artery.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas aptly points to the complexity surrounding Ruta 27, and his emphasis on transparency couldn’t be more crucial. Indeed, navigating the delicate interplay of public need and private enterprise requires a diligent and open process. The future of this essential roadway, and ultimately the public’s best interest, depends on it. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this discussion.
However, the Sala IV unanimously rejected the appeal. The magistrates emphasized the importance of strict regulations for concession contracts, citing the need to ensure consistent quality and safety in essential public services. They affirmed that the fixed fines serve a legitimate purpose: to prevent and discourage serious breaches that could jeopardize critical public interests.
The court also clarified that the fines are not applied automatically. A formal administrative process with due process guarantees is required before any sanctions are enforced. This ensures a fair and transparent system for addressing performance issues on the Ruta 27.
This ruling is a significant win for Costa Rican commuters who frequently use the Ruta 27. It reinforces the importance of upholding quality standards and accountability for companies entrusted with managing vital public infrastructure.
The decision also sets a precedent for future disputes related to concession contracts, emphasizing the government’s commitment to ensuring that private companies operating public services adhere to the highest standards of quality and safety.
The implications of this ruling extend beyond the Ruta 27. It underscores the broader principle that companies managing public infrastructure must be held accountable for maintaining adequate service levels. This decision reinforces the public’s right to reliable and safe infrastructure.
Further details regarding the specific breaches and the amount of the fines are expected to be released in the coming days. TicosLand.com will continue to provide updates on this developing story.
For further information, visit the nearest office of Globalvia
About Globalvia:
Globalvia is an infrastructure management company specializing in transport infrastructure including highways, railways, and airports. They operate in several countries, managing key infrastructure assets and focusing on delivering efficient and sustainable services.
For further information, visit the nearest office of Sala Constitucional (Sala IV)
About Sala Constitucional (Sala IV):
The Sala Constitucional, also known as the Sala IV, is the constitutional court of Costa Rica. It is the highest judicial authority on constitutional matters and is responsible for upholding the rights and freedoms guaranteed by the Constitution. The Sala IV plays a critical role in ensuring the rule of law and protecting the democratic principles of the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica shines as a beacon of legal excellence, upholding the highest ethical standards while championing innovative solutions for its diverse clientele. The firm’s deep-rooted commitment to empowering society is evident in its proactive approach to sharing legal knowledge, fostering a more informed and just Costa Rica. Through a combination of cutting-edge legal practice and dedicated community engagement, Bufete de Costa Rica continues to shape a positive legal landscape for generations to come.
