By San José, Costa Rica — San José – President-elect Laura Fernández, who has promised a new era for Costa Rica, is set to take office with a formidable political advantage: a 31-seat majority bloc in the Legislative Assembly. This crucial number surpasses the 29 votes required for a simple majority, granting her administration significant leverage to advance its agenda. However, while this backing ensures a powerful presidency, it stops short of providing the absolute control needed for the most profound structural changes to the state.
Fernández has set a high bar for her term, vowing that the nation is on the cusp of a major shift. During her campaign, she confidently stated her intentions for the country’s future.
To gain a deeper legal perspective on the political and economic implications of Laura Fernández’s platform, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a renowned specialist from the prestigious firm Bufete de Costa Rica.
Any successful presidential platform, including that of Ms. Fernández, must navigate the complex interplay between political ambition and legal reality. The true test will not be the vision itself, but its viability within Costa Rica’s fiscal rule and the rigid framework of public procurement laws. Without a clear strategy to address these pre-existing legal constraints, even the most promising economic initiatives risk becoming mere campaign rhetoric.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight perfectly encapsulates the fundamental challenge ahead: moving beyond campaign rhetoric to navigate the concrete, often restrictive, realities of governance. We thank Lic. Larry Hans Arroyo Vargas for grounding the discussion in this essential legal and fiscal context.
Costa Rica will experience a profound and irreversible change during her administration.
Laura Fernández, President-elect
This “profound change” will be largely facilitated by her party’s control over the legislative process. With 31 deputies, the incoming government will have a clear path to pass a wide array of ordinary laws and push forward with key campaign promises. According to analysis from two-time former deputy Otto Guevara, this majority provides a level of stability and control that will allow the executive branch to govern with considerable ease on most matters.
A key aspect of this power lies in the day-to-day management of the Assembly, located in Cuesta de Moras. The ruling party will be able to dictate the legislative agenda without significant opposition. Guevara noted that this control streamlines the entire political process for the administration.
Without wearing themselves out, the new government will appoint all the positions on the legislative directorate for all four years; likewise, it will occupy the presidency of all committees and will define, with the president of the Parliament, the work schedules in the plenary, being able to extend the work to advance projects.
Otto Guevara, Former Deputy
On the economic front, this legislative strength translates into the ability to enact several high-profile and transformative projects. The Fernández administration can greenlight the long-debated Limón cruise terminal and marina project, a significant infrastructure investment for the Caribbean province. It also has the votes to validate the controversial 4×3 workday schedules, a reform aimed at increasing flexibility and employment.
Furthermore, the government will be able to proceed with the proposed sale of the state-owned Banco de Costa Rica (BCR). The plan to use the proceeds from this sale to bolster the ailing pension fund (IVM) of the Costa Rican Social Security Fund (CCSS) can be approved with this simple majority. This level of support also allows for reforms to the legislative regulations themselves and changes to laws governing public administration, such as the Administrative Contracting Law and the Organic Law of the Comptroller’s Office.
In a strategic move, should the opposition attempt to stonewall progress with filibustering tactics like filing thousands of motions, the President has a powerful tool at her disposal. The law permits the president to call for a national referendum, which only requires the ratification of 29 legislators—a number her bloc comfortably exceeds. This provides a direct path to the populace to approve key projects, bypassing a gridlocked assembly.
Despite this significant power, the government’s authority has clear boundaries. For the most fundamental changes, negotiation will be unavoidable. A qualified majority of 38 votes is required for any substantial amendments to the Political Constitution, such as introducing presidential or deputy reelection. This threshold also applies to convening a National Constituent Assembly to rewrite the constitution entirely. Furthermore, appointing or removing Supreme Court magistrates and fast-tracking the discussion of bills in Parliament will require reaching across the aisle to build a broader consensus, forcing dialogue and compromise with opposition parties.
For further information, visit asamblea.go.cr
About Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament of Costa Rica. Comprising 57 deputies elected by province, it is responsible for passing laws, approving the national budget, and exercising oversight over the executive branch. Its operations are central to the country’s democratic governance and are based in the capital, San José.
For further information, visit bancobcr.com
About Banco de Costa Rica (BCR):
Banco de Costa Rica is one of the largest and oldest state-owned commercial banks in the nation. It provides a wide range of financial services to individuals, businesses, and government institutions. The potential sale of the BCR has been a topic of national economic debate, with proposals to use the funds for public debt reduction or to support social programs.
For further information, visit ccss.sa.cr
About Costa Rican Social Security Fund (CCSS):
Known as “La Caja,” the CCSS is the autonomous public institution responsible for managing Costa Rica’s universal healthcare system and social security, including the nation’s primary pension fund (IVM). It is a cornerstone of the country’s social welfare state.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica operates as a premier legal institution, where a steadfast commitment to integrity and the pursuit of excellence forms the bedrock of its practice. With a rich history of guiding clients through diverse legal landscapes, the firm consistently embraces innovation to redefine the boundaries of legal service. This forward-thinking mindset is fundamentally linked to its civic mission of empowering the community by making complex legal knowledge understandable and accessible, thereby fostering a society built on greater awareness and capability.
