What is elected and who participates?
The individuals chosen to lead the CC, TSE, and MP will have the power to directly influence justice, elections, and the limits of political power. The elected individuals will make decisions that will affect the guarantee of citizens' rights and freedoms, access to justice, and the country's political representation. It is crucial that those who take on these roles have the preparation and commitment to our Republic, so that institutions act autonomously and do not end up serving particular interests. Electing individuals with judgment, integrity, and preparation is a way to ensure that power remains limited and responsive to the needs of citizens.
Constitutional Court (CC)
The CC is responsible for interpreting the Constitution and deciding whether public power decisions respect its limits. Its magistrates are appointed by five entities: Congress, the Supreme Court of Justice (CSJ), the President of the Republic, the Guatemalan Bar Association (CANG), and the University of San Carlos (USAC). Each institution appoints one principal magistrate and one alternate. To apply, candidates must meet legal requirements such as being a registered lawyer with at least 15 years of practice and recognized integrity. In the case of the CSJ, decisions are made with at least 7 favorable votes out of 13 magistrates.
Supreme Electoral Tribunal (TSE)
The TSE is the highest authority in electoral matters. It organizes elections, oversees political parties, and resolves electoral conflicts. In 2027, the elected magistrates will have to conduct the general election process. Congress elects 5 principal magistrates and 5 alternates from a list proposed by a Nominating Commission. Candidates must be Guatemalan lawyers, with recognized integrity and no recent ties to political parties.
Public Prosecutor's Office (MP)
The MP is responsible for investigating crimes and bringing cases before the courts. Its highest authority is the Attorney General, appointed by the President of the Republic from a shortlist proposed by a Nominating Commission. Candidates must be active lawyers with at least 10 years of experience and demonstrate ability and honesty. The autonomy of this institution is key to maintaining the credibility of the justice system.
Recent Obstacles
In recent years, the election of the authorities who lead these institutions has faced several obstacles that have called into question their independence and legitimacy. In the case of the CC, the process for appointing magistrates was marked by delays and political pressures on decision-makers.
At the TSE, magistrates were heavily criticized for their role in past elections. In particular, there was criticism of how they handled the results and decisions such as contracting a new vote counting system just months before the elections. This generated uncertainty and weakened confidence in the institution.
For its part, the MP has also influenced the stability of the TSE. In 2024, it secured the suspension of four principal magistrates due to a case related to the purchase of the election results transmission system (TREP). Although a judicial resolution revoked that measure, it was annulled shortly after, causing an internal crisis that temporarily paralyzed the tribunal.
Why should we be attentive?
As citizens, we must be attentive to this process, because the functionality of our Republic depends on it, where power is limited by law, rights and freedoms are guaranteed, and the justice system operates independently. The people who come to lead the Constitutional Court, the Supreme Electoral Tribunal, and the Public Prosecutor's Office will make decisions that directly affect the justice system and, therefore, citizens' rights and freedoms. If we do not demand strong institutions and honest authorities, power will overflow and the Republic will be weakened.