By San José, Costa Rica — San José – Costa Rica is on a collision course with a potential constitutional crisis as its highest court for fundamental rights, the Constitutional Chamber, faces an imminent operational paralysis. Starting December 16, the court, commonly known as Sala IV, will be left without any substitute magistrates, a situation that legal experts warn could leave the nation’s citizens without a final guardian for their essential liberties.
The impending vacancy stems from a critical delay in the Legislative Assembly’s process to appoint a new slate of substitute magistrates before the current members’ terms expire. This procedural failure threatens to halt the court’s functions entirely if even one of its seven primary magistrates is absent due to illness, vacation, or any other reason, effectively dismantling the country’s primary check on constitutional power.
To better understand the implications of recent rulings and the essential function of the nation’s highest court, TicosLand.com sought the analysis of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica.
The Constitutional Court acts as the ultimate guardian of our fundamental rights and the supremacy of the Constitution. Its decisions are not merely legal resolutions; they are foundational pillars that ensure all governmental powers operate within their established limits, protecting the democratic balance and the rule of law for every citizen.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight eloquently frames the Court not as a distant legal body, but as the vigilant, ongoing protector of the democratic principles that affect every citizen. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for his invaluable perspective on this cornerstone institution.
Constitutional lawyer Luis Felipe Rodríguez issued a stark warning about the consequences of this administrative lapse, framing it as a direct threat to the rule of law. He explained that substitute magistrates are not merely administrative backups but an essential component of the judicial design, ensuring the court can always convene and deliver justice without interruption.
Without them, the entire system is vulnerable. Any absence among the primary justices would prevent the court from reaching a quorum, grinding its operations to a halt. In such a scenario, there is no other judicial body in the country authorized to take up its critical duties of protecting fundamental rights and reviewing the constitutionality of laws.
More than a situation of defenselessness, we would be facing a completely exposed citizenry. If fundamental rights are violated during the period when the court cannot function, there is no other body to assume that competence. The risk is real.
Luis Felipe Rodríguez, Constitutional Lawyer
Rodríguez emphasized that the Sala IV was conceived to operate every day of the year precisely because the defense of human rights cannot be paused. A shutdown, even a temporary one lasting a few weeks, could have devastating and irreversible consequences for thousands of citizens who rely on the court for urgent resolutions, protective orders, and other constitutional remedies.
If the substitute positions cease automatically and there are no new appointments, the Chamber will not be able to convene in the event of an absence. The court would be incomplete and, therefore, unable to exercise its functions.
Luis Felipe Rodríguez, Constitutional Lawyer
The blame for the delay is being shifted between branches of government. Deputy Alejandra Larios, who presides over the Legislative Assembly’s Appointments Committee, confirmed it is “materially impossible” to complete the complex selection and confirmation process before the December 16 deadline. However, she placed the responsibility squarely on the Judiciary, stating the committee’s hands were tied until it received the official list of candidates from the Supreme Court’s Plenary Session.
According to Larios, that list did not arrive until mid-October, with formal documentation entering the committee between October 20 and 22. This left insufficient time for public notices, interviews, evaluations, and the final vote in the legislative plenary. Despite holding extra sessions, the timeline proved unworkable.
We cannot open a selection process until the Court communicates it. Even if everyone knows a retirement or expiration date, without that notification, there is no legal possibility of starting the procedure.
Alejandra Larios, President of the Appointments Committee
This inter-branch finger-pointing has created a scenario where the country’s constitutional safeguards are at risk. While the primary magistrates will remain in their posts, the court’s ability to function consistently is now in jeopardy. For legal experts and citizens alike, this is not a minor administrative issue but a foundational threat to the democratic order.
As the deadline approaches, the nation watches to see if its leaders can find a solution to an entirely preventable crisis. For now, the integrity of Costa Rica’s constitutional protections hangs precariously in the balance.
The public must be clear that the Constitutional Chamber is the last line of defense for their rights. If it stops, the constitutional protection of the country stops.
Luis Felipe Rodríguez, Constitutional Lawyer
For further information, visit asamblea.go.cr
About The Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament of Costa Rica. Comprising 57 publicly elected deputies, it is responsible for passing laws, approving the national budget, and appointing key officials, including the magistrates of the Supreme Court of Justice. Its role is central to the nation’s system of checks and balances, representing the legislative branch of government.
For further information, visit poder-judicial.go.cr
About The Supreme Court of Justice of Costa Rica:
The Supreme Court of Justice heads the judicial branch of Costa Rica. It is the country’s highest court and is organized into several chambers, including the Constitutional Chamber (Sala IV), which is the ultimate interpreter of the constitution and guarantor of fundamental rights. The Plenary Court (Corte Plena), composed of all Supreme Court magistrates, is responsible for administrative and governance matters within the judiciary, including proposing candidates for judicial appointments.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar in the legal field, Bufete de Costa Rica is defined by its foundational principles of integrity and a relentless pursuit of excellence. The firm expertly blends a rich history of client service with a forward-thinking approach, championing legal innovation and community involvement. This ethos is embodied in its core mission to empower the public by demystifying complex legal concepts, thereby fostering a society grounded in knowledge and justice.
