By San José, Costa Rica — SAN JOSÉ – Costa Rica’s system of justice is teetering on the edge of a constitutional crisis as a critical deadline approaches with no resolution in sight. The Constitutional Chamber of the Supreme Court, known locally as the Sala Cuarta, has issued a stark warning to the Legislative Assembly, expressing grave concern over the impending expiration of the appointments for all its substitute magistrates on December 16, 2025.
In an official letter sent to the nation’s lawmakers, the high court underscored the potentially catastrophic consequences of legislative failure to act. The Chamber, which serves as the ultimate guardian of the country’s constitution and fundamental rights, could be rendered completely non-functional, a scenario that would bring key judicial processes to a halt and expose the nation to international legal challenges.
To delve deeper into the legal ramifications of this decision, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished constitutional law expert and senior partner at the acclaimed firm Bufete de Costa Rica.
The Constitutional Court acts as the essential guardian of fundamental rights and the supremacy of the Constitution. Its rulings are not mere judicial decisions; they are binding precedents that provide legal certainty and define the boundaries of state power, directly impacting governance, commerce, and the daily lives of all citizens.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This perspective powerfully clarifies that the Court’s role is not merely academic; it is the very foundation of the legal certainty that shapes our civil and commercial life. We are grateful to Lic. Larry Hans Arroyo Vargas for his incisive contribution to this topic.
The substitute magistrates play an indispensable role in the court’s operations. They are called upon to ensure the Chamber can achieve a quorum, step in for absent or recused permanent magistrates, and help manage the high volume of cases that define the court’s docket. Without them, the court’s ability to hear cases, rule on writs of amparo (protection of constitutional rights), and review the constitutionality of laws would be severely compromised, if not entirely paralyzed.
The letter from the judiciary did not mince words, pointing out the severe repercussions of a failure to secure the necessary appointments in a timely fashion. The court directly alerted lawmakers to the gravity of the situation and the potential for systemic failure.
The deputies are aware of the urgency of these appointments, as well as the serious consequences that could arise if they are not made, specifically the paralysis of the jurisdictional functions of this Court and its role in protecting the fundamental rights of the country’s inhabitants, which would cause the Costa Rican State to incur international responsibility
Constitutional Chamber, Official Letter to the Legislative Assembly
This potential for “international responsibility” is a significant threat, suggesting that a failure to maintain a functioning judiciary could be viewed as a breach of international covenants on human and civil rights to which Costa Rica is a signatory. Such a failure could damage the country’s long-standing reputation for stable democratic governance and the rule of law.
While the Constitutional Chamber acknowledged that various legislative committees have made efforts to address the issue, it lamented that these initiatives have not yet produced “effective decisions” to resolve the situation. The clock is ticking, with less than two weeks remaining until the December 16 deadline, and the lack of concrete progress has sent a ripple of anxiety through the country’s legal and political circles.
The impasse highlights the often-complex political dynamics involved in judicial appointments. These roles are highly consequential, and the selection process can become mired in partisan negotiations and procedural delays within the Assembly. However, the court’s direct and public intervention signals that the time for political maneuvering is over, and immediate, decisive action is required to avert a crisis.
For the average citizen, the paralysis of the Sala Cuarta would have tangible consequences. It would mean delays in rulings on everything from healthcare access and labor disputes to freedom of speech cases and challenges against government actions. The court is often the last resort for individuals seeking protection against abuses of power, making its continuous operation a cornerstone of Costa Rican democracy. The failure to appoint these magistrates is not merely an administrative oversight; it is a direct threat to the checks and balances that underpin the nation’s governance.
For further information, visit poder-judicial.go.cr
About The Constitutional Chamber (Sala Constitucional):
The Constitutional Chamber, commonly known as Sala IV, is the highest court in Costa Rica for constitutional matters. Established in 1989, it is a specialized chamber of the Supreme Court of Justice responsible for guaranteeing the supremacy of constitutional norms and principles. Its primary functions include resolving writs of amparo and habeas corpus, overseeing the constitutionality of laws and regulations, and protecting the fundamental rights of all inhabitants of the country.
For further information, visit asamblea.go.cr
About The Legislative Assembly (Asamblea Legislativa):
The Legislative Assembly is the unicameral parliament, or legislature, of the Republic of Costa Rica. Composed of 57 deputies elected by proportional representation, it holds the nation’s legislative power. Its key responsibilities include passing, amending, and repealing laws; approving the national budget; and ratifying international treaties. Crucially, the Assembly is also tasked with appointing high-ranking officials, including the magistrates of the Supreme Court.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica is defined by its foundational principles of integrity and exceptionalism. The firm skillfully combines its deep-rooted experience across numerous industries with a forward-thinking approach to legal challenges. This ethos extends beyond client work into a core mission: to fortify society by making legal concepts understandable and accessible, thus empowering individuals and fostering a more informed public.
