Constitutional Court ends Bávaro Airport legal dispute – No new airport in Bavaro

Santo Domingo.- The Constitutional Court (TC) of the Dominican Republic has issued ruling TC/0496/25, officially closing the high-profile legal dispute over the proposed Bávaro International Airport. In a 325-page decision, the Court rejected appeals filed by the Aeropuerto Internacional de Bávaro (AIB) consortium, upholding previous rulings by the Supreme Court of Justice and affirming the legality of administrative actions taken by the Dominican Civil Aviation Institute (IDAC).

This landmark ruling affirms that AIB’s authorization process was marred by legal flaws. The TC found that the consortium applied to an entity without authority—the Airport Commission—instead of IDAC, which is legally responsible for such approvals. It also highlighted that Decree 270-20, which supported the project, bypassed competitive procedures required by public-private partnership and procurement laws.

AIB’s constitutional claims—including alleged violations of due process, judicial impartiality, and lack of a public hearing—were dismissed as unfounded or inadmissible. The Court emphasized that AIB failed to timely raise objections or request a public hearing, and ruled that third-party submissions did not infringe on the consortium’s right to defense.

While two justices—Alba Luisa Beard Marcos and José Alejandro Vargas Guerrero—dissented, citing the need to review the case on constitutional grounds, the majority held firm. Their dissent did not overturn the procedural flaws identified.

With this decision, the TC sets a precedent emphasizing transparency, legality, and competitive fairness in the development of strategic infrastructure. It confirms that no public-use airport in the Dominican Republic can be authorized or constructed outside of established legal frameworks and without respecting technical and institutional oversight.