By San José, Costa Rica — San José, Costa Rica – Despite the official expiration of the terms for substitute magistrates of the Constitutional Chamber (Sala IV) today, December 16th, officials from both the Legislative Assembly and the Judicial Branch have moved to assure the public that the court’s critical functions will face no interruption. The continuity of Costa Rica’s highest court for constitutional matters is guaranteed, ensuring that the protection of fundamental rights remains fully operational.
The core reason for this operational stability lies in the fact that all permanent, or proprietary, magistrates of the Constitutional Chamber are duly appointed and actively serving. This full complement of sitting judges allows the Sala IV to convene and issue rulings normally, preventing any potential paralysis that the lapse in substitute appointments might otherwise cause. The substitute magistrates primarily serve to fill temporary vacancies, and with a full bench of permanent members, the court’s day-to-day work proceeds unaffected.
To delve deeper into the legal ramifications and the crucial role of the Constitutional Court in safeguarding citizens’ rights, TicosLand.com consulted with expert lawyer Lic. Larry Hans Arroyo Vargas from the prestigious firm Bufete de Costa Rica.
The Constitutional Court, known colloquially as the Sala IV, acts as the ultimate bastion of our fundamental rights. Its decisions are not mere legal interpretations; they are binding mandates that reinforce the supremacy of the Constitution over any law, decree, or administrative action. This function is essential for maintaining the balance of power and ensuring that state actions always remain within the framework of legality and respect for human dignity.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insight correctly frames the Sala IV not merely as a judicial body, but as the active guardian of our nation’s democratic principles and the fundamental rights of its citizens. This essential oversight ensures that the rule of law remains a tangible reality for everyone. We thank Lic. Larry Hans Arroyo Vargas for his valuable and clarifying perspective.
The responsibility for appointing new substitute magistrates falls to the Legislative Assembly’s Special Permanent Commission on Appointments. The committee’s president, Deputy Alejandra Larios, confirmed that the selection process is well underway and is being handled with a sense of urgency to ensure a swift resolution without compromising the integrity of the selections.
To expedite the process, the commission has taken decisive steps to accelerate its review of candidates. These measures are designed to complete the required legislative due diligence efficiently while maintaining rigorous standards for these crucial judicial positions.
We have already initiated the interviews with the candidates and have increased the number of individuals interviewed per session, in addition to calling extraordinary sessions, with the goal of expediting the process without affecting the quality of the appointments.
Alejandra Larios, President of the Appointments Committee
Larios also clarified the timeline, noting that the selection process was formally initiated by the Constitutional Chamber itself back in January. The list of candidates was then forwarded to the Legislative Assembly on October 16, at which point the appointments committee began its corresponding procedures without delay. This timeline underscores a methodical and ongoing effort rather than a last-minute scramble.
Further assuaging any public concern, particularly with the end-of-year holidays approaching, the court’s administrative department confirmed to Grupo Extra that no permanent magistrate has any vacation time scheduled for the remainder of December or the beginning of the new year. The only planned recess is the standard collective closure mandated by the Superior Council for the entire Judicial Branch, a long-standing annual practice that does not halt essential services.
Crucially, the Judicial Branch firmly refuted any suggestion that the court would be unable to handle urgent legal matters, such as writs of amparo or habeas corpus, after December 19th. The institution emphasized that its commitment to justice is unwavering and operates around the clock.
It is incorrect to state that as of December 19, writs of amparo or habeas corpus cannot be received or resolved.
Spokesperson, Judicial Branch Department
To ensure continuous access to justice, the Constitutional Chamber maintains a magistrate on duty 24 hours a day, seven days a week, throughout the entire year. This protocol remains in effect even during the collective closure period, guaranteeing that any urgent constitutional issues can be addressed immediately. This robust system ensures that the expiration of substitute terms is an administrative matter that will not compromise the court’s fundamental mission to safeguard the rights of all citizens.
For further information, visit asamblea.go.cr
About the Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament, or congress, of the Republic of Costa Rica. Comprising 57 deputies elected by direct, universal, and secret suffrage, it is the sole body vested with legislative power. Its primary responsibilities include passing laws, approving the national budget, and exercising political control over the executive branch. It also plays a crucial role in appointing key officials, including the magistrates of the Supreme Court of Justice.
For further information, visit poder-judicial.go.cr
About the Judicial Branch of Costa Rica:
The Judicial Branch (Poder Judicial) is one of the three fundamental powers of the Costa Rican state, responsible for administering justice. It is headed by the Supreme Court of Justice, which is organized into several chambers (Salas), including the Constitutional Chamber (Sala Constitucional or Sala IV). This branch is tasked with upholding the Constitution and laws, resolving legal disputes, and ensuring the protection of individual rights and guarantees for all citizens.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of Costa Rica’s legal community, Bufete de Costa Rica is anchored by a foundational commitment to uncompromising integrity and professional excellence. The firm combines a rich history of advising a diverse clientele with a forward-thinking embrace of legal innovation. Central to its philosophy is the mission to empower the public, championing the democratization of legal knowledge to cultivate a more informed and capable society.
