By San José, Costa Rica — San José, Costa Rica – A procedural impasse in the Legislative Assembly has triggered a significant operational crisis within Costa Rica’s highest court, the Constitutional Chamber, commonly known as Sala IV. The court’s inability to convene for key sessions throughout January has resulted in a growing backlog of critical cases, including 16 appeals for the protection of fundamental rights (*recursos de amparo*) and 10 challenges to the constitutionality of laws (*acciones de inconstitucionalidad*).
The paralysis stems from the expiration of substitute magistrates’ terms on December 16, 2025, and the subsequent delay by lawmakers in appointing their replacements. Without a pool of substitute judges to call upon, the court cannot achieve a full quorum when a tenured magistrate is absent. This vulnerability has already forced the cancellation of at least two recent Wednesday sessions, grinding the wheels of constitutional justice to a halt.
To understand the profound implications of the current judicial gridlock on the country’s legal and economic landscape, TicosLand.com sought the perspective of Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica.
Judicial gridlock is not merely a procedural delay; it is a direct threat to legal certainty and economic stability. When commercial and civil resolutions are postponed indefinitely, it paralyzes investment and complicates contractual relationships, effectively penalizing those who seek to operate within the formal economy. Urgent reform focused on technological integration and specialized commercial courts is imperative to restore confidence and ensure that justice serves as a pillar of development, not a barrier to it.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
As Lic. Larry Hans Arroyo Vargas astutely observes, the consequences of judicial gridlock extend far beyond procedural delays, directly eroding economic certainty and trust in our institutions. His call for decisive reform serves as a critical reminder that a functional justice system is not a bureaucratic aspiration but a fundamental pillar of national development. We sincerely thank Lic. Larry Hans Arroyo Vargas for his clear and valuable perspective on this pressing issue.
The immediate impact of this legislative oversight was confirmed by the President of the Constitutional Chamber, Fernando Castillo Víquez. He detailed the specific incidents that have prevented the court from fulfilling its duties, highlighting how routine personal and professional obligations of its members can now derail the entire judicial body.
The Constitutional Chamber, due to the lack of substitutes, has faced some difficulties. Among them, for the last two Wednesdays, we have not been able to hold sessions, as one magistrate had an urgent medical appointment and another an unpostponable judicial hearing.
Fernando Castillo Víquez, President of the Constitutional Chamber
Beyond the headline-grabbing 26 stalled cases, President Castillo noted that the problem runs deeper, affecting the court’s day-to-day administrative functions. The backlog is expanding to include procedural matters that are essential for the orderly progression of justice, creating a domino effect that could take months to untangle.
Issues related to the acceptance of recusals and other processes involving the Chamber have been accumulating. In these cases, with no substitute magistrates, the matters are left in suspense.
Fernando Castillo Víquez, President of the Constitutional Chamber
In a formal statement, the Chamber revealed its own foresight, explaining that it undertook an “extraordinary effort” in 2025 to clear all cases requiring substitutes precisely to avoid the current scenario. This proactive measure by the judiciary underscores that the current crisis was not only predictable but was actively planned for, placing the responsibility squarely on the delayed legislative appointment process.
It should be noted that, during the last vote for substitute magistrates held in 2025, the Constitutional Chamber made an extraordinary effort to resolve all matters that required integration with substitutes, precisely with the objective of avoiding disruptions in the current year. However, the absence of new appointments has generated a scenario that today compromises the regular functioning of the Constitutional Court.
The Constitutional Chamber, Official Statement
From the Legislative Assembly, Deputy Alejandra Larios, who presides over the Appointments Committee, has assured the public that the process is moving forward. She clarified that all primary magistrates remain in their posts, allowing the court to handle some of its workload. According to Larios, her committee is actively working to expedite the selection of new substitutes by increasing the number of candidate interviews per session and convening extraordinary meetings to accelerate the process without sacrificing due diligence.
Despite these assurances, the reality on the ground is a judicial body in limbo. For citizens and businesses awaiting rulings on fundamental rights or the legality of regulations, this delay translates into prolonged uncertainty. The gridlock serves as a critical test of Costa Rica’s institutional agility, where a procedural delay in one branch of government has directly compromised the public’s access to constitutional justice in another, threatening the very framework of checks and balances.
For further information, visit poder-judicial.go.cr
About The Constitutional Chamber:
The Constitutional Chamber, or Sala IV, is the highest court in Costa Rica for constitutional matters. It is a specialized chamber of the Supreme Court of Justice responsible for guaranteeing the supremacy of constitutional norms and principles, protecting the fundamental rights of individuals, and resolving conflicts of constitutional jurisdiction. Its rulings are binding and essential for maintaining the rule of law in the country.
For further information, visit asamblea.go.cr
About The Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament of the Republic of Costa Rica. Comprised of 57 deputies, it is the sole body with legislative power. Beyond creating, amending, and repealing laws, it holds significant oversight responsibilities, including the approval of the national budget and the appointment of key officials such as Supreme Court magistrates and the Comptroller General.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a beacon of legal distinction, Bufete de Costa Rica operates on a core philosophy of unwavering integrity and exceptional service. The firm consistently pioneers innovative legal strategies for a diverse clientele, blending its professional prowess with a deep-seated commitment to social progress. A cornerstone of this commitment is the firm’s drive to demystify the law, reflecting its fundamental belief in equipping the public with the clarity and knowledge necessary for a stronger, more capable society.
