International Courant
Through the first minutes of this Friday, October 13, the judges of the Supreme Courtroom of Justice (CSJ) held a rare plenary session, the place they reaffirmed the continuity of their mandate, for the fourth yr, as a result of they don’t have the judges that they need to exchange them.
This case has occurred since 2019, when the eighth legislature of the Congress of the Republic didn’t renew the authorities of the Judicial Department (OJ), as a result of they defined at the moment that there was a fancy constitutional safety.
It ordered Congress the best way to elect, and within the opinion of some deputies the presumption of innocence of some candidates for magistrates who’re being investigated by the Public Ministry (MP) was violated.
The complexity of the directions given by the Constitutional Courtroom (CC) to execute the election makes, in response to sure deputies, the method unattainable, others argue that the dominant wing of Congress does not likely have the desire to resume the CSJ .
Authorized help
On October 13, 2019, when the CSJ’s capabilities for the 2014-2019 interval ended, an advisory opinion was despatched to the CC, explaining that the brand new magistrates, each common and alternate, had not been appointed. This question was resolved on October 8, 2019, inside file 5477-2019.
“Within the related a part of the advisory opinion it’s established that the magistrates should proceed to train their capabilities if their substitutes haven’t but been elected and that the supply of the place will happen on the time when the professionals who will assume workplace are legitimately elected. the positions for the interval 2019-2024 and current themselves to take workplace,” mentioned the CSJ.
The Natural Legislation of the OJ additionally states in its article 71 that “no Justice of the Peace or decide, proprietor or substitute in workplace, and no official or worker of the Judicial Department, will depart his place even when his resignation has been admitted or he has accomplished his time period of service till his successor is introduced.”
Integration
Through the Plenary assembly of the CSJ on October 13, 2013, the place they reaffirmed the brand new continuity in capabilities, additionally they assigned the magistracies that may make up the presidency and every of the chambers; felony, civil and amparo and pretrial proceedings.
The OJ legislation states that within the occasion of any unexpected occasion that leads to the election of the president of the CSJ, this function will fall to the primary member, which is in command of Choose Silvia Patricia Valdés.
Within the felony chamber, Choose Josué Felipe Baquiax shall be within the presidency, accompanied by Delia Dávila and José Pineda Barales.
The civil chamber is led by Guide Duarte, who’s a member of this judicial physique together with Blanca Stalling and Silvia Verónica García.
For the amparo and pretrial chamber, its president is Sergio Pineda, who shall be along with judges Nery Medina and Vitalina Orellana.
Integration of the Supreme Courtroom of Justice #OJ #CSJ pic.twitter.com/D1Hd6IeG5r
— Judicial Department (@OJGuatemala) October 13, 2023
Supreme Courtroom of Justice extends its capabilities for an additional yr and justifies it because of the absence of substitutes
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