Análisis

Review of the Law on Postulation Commissions

On October 19, 2021, members of the Justice Sector Reform Commission heard the analysis and comments of the National Civic Movement (MCN) regarding the reform of the Postulation Commissions Law.

Oversight and monitoring work

Having followed up on various selection processes carried out through postulation commissions, we consider it important that the Postulation Commissions Law is in line with the reality of the processes, allows them to be developed in the most organized manner, and contributes to the designation of suitable authorities.

A proposed reform to the Postulation Commissions Law

The 2019 postulation commission process for electing Supreme Court and Court of Appeals Magistrates revealed several flaws and challenges. Some of these can be resolved through legislative reforms, while others require judicial or procedural solutions during the work of the commissions.

However, it is constantly repeated that changes must be made to the postulation commissions to make them efficient and transparent.

What aspects warrant a review?

We believe it is necessary to evaluate various aspects related to the composition of the commissions as well as the working phase. We highlight:

  • The consideration of extending the call for applications deadlines.
  • The rigor in the election of commissioners.
  • Clearly defining the stages of the postulation commission process.
  • Clarifying potential conflicts of interest.
  • Citizen responsibility in the stage of presenting objections or challenges.
  • The rigor of candidate evaluation instruments.

A thing is not just because it is law. It must be law because it is just.

Montesquieu

The reforms to the Postulation Commissions Law are unfolding at a moment charged with contemporary emotions. Despite recent events that serve as examples, it is necessary to focus any reform on improving the model for the future and not to personalize it. The positions chosen and designated through this postulation model are transcendental for strengthening Guatemalan institutions and the country's future.