What to expect and what the country needs to happen in the election of Magistrates of the Constitutional Court (CC) for the 2021-2026 period, citizen participation and institutional challenges.

The election of magistrates for the Constitutional Court (CC) is drawing closer. At the beginning of 2021, the five institutions responsible for appointing the new CC magistrates will begin this process. Due to this, in December 2020 we presented a citizen proposal to the institutions in charge of appointing CC magistrates. The proposal includes a brief review of how the process was in 2016 and the regulations that must be complied with for the appointment of magistrates. We also propose a timeline for each institution and suggestions for best practices for the entire process.

According to the Constitution, the power of the CC alternates every five years through the process of electing its magistrates. This court has a great responsibility. Its main function is the defense of the constitutional order. We believe that the process of electing magistrates must be carried out in a certain, transparent and public manner, so that there is a relationship of trust between citizens and the Courts.

Legal norms for the election of the CC

The appointment of CC magistrates is regulated by the Political Constitution of the Republic of Guatemala (CPRG) and the Law of Amparo, Personal Exhibition and Constitutionality (LAEPC). However, there are no rules that regulate the specific procedure for the appointment made by each institution. These can use the methodology they deem most appropriate to make appointments in an orderly manner.

The appointment process must adhere to what is indicated by constitutional laws. This will provide transparency and credibility mechanisms as promoted in previous processes. In 2016, most institutions published work schedules, magistrate profiles, and evaluation tools for applicants' files. The appointment by the President in council of ministers was the only appointment where the process to be followed was not previously published.

Our proposal for the election of CC magistrates

For 2021, it is important that institutions openly report their actions and deeds. This way, citizens can participate in the process.

As the National Civic Movement, we encourage the institutions responsible for appointing magistrates of the Constitutional Court to develop a clearly defined selection and evaluation process. This will allow for the classification of responsibilities of each actor. Also, to verify that applicants meet the necessary requirements for the magistracy. In turn, we suggest that they develop a public timeline that takes into account the deadlines to be met. That they develop and publish an ideal magistrate profile. We encourage institutions to design instruments that allow for objective verification of compliance with requirements.

As well as the importance of establishing which requirements are needed for the presentation of impediments or challenges by citizens against the applicants.

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All of this is to ensure that sessions and votes are conducted publicly and transparently, thus lending legitimacy to the process.

CC Election, a significant process for the country

Given the uncertainty that exists within the country regarding the judicial system due to the more than one year delay in the election of the Supreme Court of Justice, we urge and promote that a selection and evaluation process for candidates be carried out in a public and transparent manner. Furthermore, that the minimum requirements of the law be met. We encourage the institutions responsible for appointing magistrates to take these suggestions into account. This is to fulfill all legal requirements and to distance themselves from any group seeking to influence the selection process. This is to provide citizens with certainty and confidence in the election of magistrates to the Constitutional Court in 2021.