The new magistrates of the Constitutional Court will take office on April 14.

The appointed magistrates for the 2021-2026 period will face a series of challenges to achieve management with independence, objectivity, and high standards. This is to guarantee their essential function: to safeguard the constitutional order in the country.

The National Civic Movement, GuateÍntegra, Guatemala Visible, and the Chamber of Industry organized a discussion to generate a high-level debate around these challenges.

The panel of experts consisted of:

• Leticia Teleguario, Senior Specialist, UN Women and former Minister of Labor.
• Marielos Fuentes, Executive Director of Guatemala Visible.
• Pablo Hurtado, Executive Secretary of ASIES.
• José Echeverría, Executive President of the National Civic Movement.

 

A process that complied with the law

Regarding the development of the process for appointing Magistrates, the panelists emphasized that the process was carried out in accordance with the law. However, they all believe that there are aspects and challenges to improve in the future.

First, regarding the challenges, in Leticia Teleguario's opinion, it is important to prioritize the timely reforms that the country needs to strengthen justice.

For her part, Marielos Fuentes said that in the future there could be improvements and greater strengthening of the evaluation of the honorability, integrity, and capacities of the candidates.

José Echeverría highlighted as aspects to improve, the voting in the University Superior Council, which according to the law of amparo must be secret. In addition, he emphasized that it is important that in the future the Supreme Court of Justice that designates be the one that is in its time.

It is important that there are no more delays in the constitutional election process, because it can open the door to a worrying lack of legal certainty.

José Echeverría, Executive President of the MCN

Finally, regarding this point, Pablo Hurtado stressed that although there are pending challenges, he trusts that the process will finally be consolidated.

Ungrateful magistrates with analytical capacity

From a professional perspective, having a good reputation is always favorable, as is being upright, especially when it comes to the magistracy of the country's most important Constitutional Court.

In Marielos Fuentes' opinion, the new magistracy must establish the principle of ingratitude from the outset. The magistrates must be clear that they owe nothing to anyone. Consequently, it is important that they do not respond to the institutions that appointed them. Once appointed, the magistrates owe themselves to the Guatemalan people, the expert emphasized.

On the other hand, it is important that they are consistent. In Marielos Fuentes' opinion, the resolutions must have a legal study and, above all, be based on protecting the Constitution.

For his part, Pablo Hurtado explained that the new magistracy must value and recognize the transcendence of their work and the decisions they make.

Every decision made by the magistrates must be the result of an objective, independent exercise of legal logic. Consequently, the results will be endowed with force and legitimacy, even if we do not agree with them.

Both agreed that it is not sustainable for the same situations to be treated in different ways. Similar situations should be treated in the same manner as established by the Constitution.

Managing conflicts of interest in the new magistracy

Magistrates should never seek public approval but rather adherence to the law. Therefore, it is important for magistrates to manage conflicts of interest in resolutions and ensure the defense of the constitutional order.

In José Echeverría's opinion, a magistrate should never be both judge and party to the same resolution. Despite legal loopholes, for ethical reasons, they should recuse themselves when they are aware of something in which they are involved. Furthermore, the new magistracy should not favor the nominating bodies, he emphasized.

On the other hand, Leticia Teleguario explained that the work of the magistrates is based on the Constitution.

In the specialist's opinion, magistrates should not seek the applause of the citizenry.

Magistrates must prioritize their ethics in the analysis or activity they are required to undertake. This should be the guiding principle for any action they take.

Leticia Teleguario

On the other hand, Pablo Hurtado explained that it is not possible for a person with a direct interest to be the one who resolves their situation. There are 5 alternate magistrates, and whenever a situation arises where one of the magistrates has an interest or is a party, they must abstain and let the alternates take over, Hurtado emphasized.

Finally, Marielos Fuentes explained that the challenge lies in the 5 magistrates recognizing the conflict of interest and knowing how to give space to one of the alternates. Only in this way will the resolutions adhere to the law, Fuentes explained.

It's not about distancing oneself from the matter. It's about giving greater importance to the matter where there is a conflict of interest, yielding that position to one of the alternate magistrates so that the resolution adheres to the law and does not favor any of the magistrates involved in that scenario.

Marielos Fuentes

The challenge of constitutional control

In recent years, the CC's role in resolving all of the country's problems that are not necessarily within its competence has been questioned, which for some has led to judicialization.

The new magistracy takes on the challenge of demonstrating that management can be carried out within the legal framework and with objectivity, adhering to its role as guardian of the country's constitutional order.

Leticia Teleguario began by explaining that Guatemala urgently needs to strengthen its republican and democratic system. Consequently, governability, trust, and unity are needed.

In the expert's opinion, to achieve this, it is imperative that legal professionals who are part of justice institutions adhere to constitutional norms and guarantee independence. Above all, impartiality must prevail in a prompt, timely, and relevant justice system.

In conclusion, Teleguario explained that the New Constitutional Court must rule in a timely manner, as some resolutions have not been issued within the appropriate timeframe.

On the other hand, José Echeverría explained that the Constitutional Court is not a fourth power, nor an organ that has no limits and counterweights. Its function is limited by the Constitution.

The magistrates and the new court will have to self-limit themselves in certain decisions that are within the competence of other State organs.

Another point he added was the timing of the resolutions. In José Echeverría's opinion, it has been observed that there is an abysmal difference in the time it takes to resolve them. Certain actions filed by some actors are resolved expeditiously, while in other cases they take months to resolve, Echeverría explained.

Finally, he emphasized by reminding that all officials can only do what the law empowers them to do and nothing beyond that.

What is expected of the new magistracy to strengthen institutionality?

In Marielos Fuentes' opinion, the new magistracy will make crucial decisions for the future of the country.

The judicialization of politics in any form is terrible. Politicians have lost the ability to engage in politics in the political arena and elevate everything to the Constitutional Court, which ends up deciding everything in the country, the expert explained.

In turn, Pablo Hurtado said that the Constitutional Court is responsible for ensuring that the various entities, bodies, and public authorities comply with what is required.

The Constitutional Court is not responsible for leading the fight, neither the fight against communism nor the fight against corruption.

Pablo Hurtado

On the other hand, José Echeverría emphasized that the Constitutional Court must be limited to its functions. However, it cannot reconcentrate all power, even to appoint the next president. As citizens and organizations, we have an important role in making this visible.

Finally, Teleguario emphasized that a Constitutional Court based on law and what the Constitution establishes is needed.

In conclusion, in the expert's opinion, this new magistracy will surely have to make difficult decisions, but that is where its strength and independence in terms of resolutions will be evident.