Santo Domingo.- The Constitutional Court has declared the Open Skies Agreement with the United States, signed on August 2, 2024, in accordance with the Constitution.
This decision, contained in Sentence TC/0670/24, allows the implementation of a framework that seeks to expand air transport opportunities between both nations, promoting competition and minimizing government intervention.
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The agreement establishes that airlines of both parties will have broad rights, including flying over each other’s territory without landing, making stopovers for non-commercial purposes and operating international air transport on defined routes. This includes exclusive cargo services and the possibility of offering combined flights between several points.
The Court stressed that this pact complies with the principles of national sovereignty, free competition and subjection to the domestic legal system. Furthermore, it ratifies that the actors involved must respect the local laws of each nation, ensuring harmonization with the fundamental rights guaranteed in the Dominican Constitution.
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One of the highlights of the agreement is its commitment to consumer protection by ensuring that airlines adopt fair and transparent market practices. Likewise, it contemplates a dispute resolution mechanism through arbitration, which reinforces its legal viability and ensures the resolution of possible disagreements between the parties.