Living Room Constitutional
LA COMMON CONSTITUTIONAL
Some history to know the situation of the Constitutional law in Costa Rica before approval of the Living Room Constitutional. In this sense, before 1989, there was a plurality of legislation in constitutional matters; that of protection by number 1161 of June 2, 1950 and that of unconstitutionality by Code of Civil Procedure of 1936. This legislative dispersion did not allow applying the general principles to these three types of resources, which were also known by different courts, the protection by criminal judges, with exception of those raised against the Members of the Supreme Powers, which were known first by the DINING de cassation and after the reform of the Act of Reorganization of the Cutting Supreme of Justice (Act No. 6434 of 22/05/1980) by the First of the Cutting. Habeas corpus Corpus and the actions of unconstitutionality were from knowledge of the Cutting in Plenary.
CREATION OF THE COMMON CONSTITUTIONAL
Both Living Room Constitutional as a regulatory framework, the Act of the Jurisdiction Constitutional were products of a proceedings very broad discussion, composed of a large series of projects, opinions of specialists, statements of special commissions and of the Cutting A plenary session that lasted throughout the entire decade of the eighties.
The first DINING The constitutional commission was appointed on September 25, 1989 and began its work two days later, applying the provisions until the law was enacted. Act of the Jurisdiction Constitutional. At that time, the courts that heard them transferred them to him, resource of Habeas Corpus, eight of protection and fifteen shares of unconstitutionality.
COMPETITION
La Living Room The purpose of the Constitution is to regulate the Jurisdiction Constitutional whose objective is to guarantee la supremacy of the constitutional norms and principles, the Law School international
valid in the Republic (interpretation and application), as well as the derechos and fundamental freedoms, enshrined in the Constitution Politics or in the international instruments of derechos humans in force in Rib Delicious.
To comply With this objective, Act of the Jurisdiction Constitution establishes 6 resources: The habeas corpus, the protection, The action de unconstitutionality, The consultation legislative, the consultation judicial and the conflict de competition.
This resource guarantees the freedom and integrity of the person human, which protects them from being disturbed or from suffering restrictions due to acts and omissions committed by the authority, illegal arrests and incommunicado detention. It also safeguards the freedom traffic.
El Resource de Amparo guarantees the derechos and fundamental freedoms, except those protected by the habeas corpus. Between the derechos and the freedoms it protects are: right to Life, to health, to a healthy environment, to the identity, to privacy, to education, freedom de association, request, of expression, of footing, cult, among others.
Both the resource de habeas corpus such as protection can be submitted by any person, through any means of communication written without further demands crafts and without necesidad to be authenticated by a lawyer.
LA ACTION DE UNCONSTITUTIONALITY
Proceeds the action de unconstitutionality against laws and general provisions that harm any standard o principle constitutional, or when in the formation of laws or legislative agreements any principle is violated requirement o Procedure essential indicated in the Constitution or established in the Regulations of the Legislative Assembly.
Also when a is approved reform that violates constitutional norms or if a law o provision general goes against a treaty public o agreement international
approved by Rib Delicious.
CONSULTATIONS AND CONFLICTS
LA CONSULTATION LEGISLATIVE OF CONSTITUTIONALITY
This consultation empowers the deputies in non-numbered less at 10 to request the Living Room Constitutional its opinion prior to legislative projects effect to corroborate that they do not violate the Constitution and arranges the legal obligation to consult the Living Room en relationship with other projects of law, as will be seen later.
There are two types of legislative consultations: constitutionality: the mandatory and the optional. The first is presented by the Directory of the Legislative Assembly in relationship with projects reform constitutional, reforms to the Act of the Jurisdiction Constitutional and the approval of international agreements or treaties.
La consultation optional is presented by a group No. less of ten deputies and is on any project of law, not related to constitutional reforms, in addition to the legislative approval of administrative acts or contracts or reforms to the Regulations of Order, Address y Discipline Interior of the Legislative Assembly.
It can also be submitted by the Cutting Supreme of Justice, the Court Supreme Electoral Court or the General Comptroller's Office Republic, when it comes to projects law in which your is affected Company or operation or motions incorporated into them.
The Ombudsman's Office may also submit optional consultations if it considers that in a project law are violated derechos or fundamental freedoms.
JUDICIAL CONSULTATIONS
This class of queries are presented by the judges before the Living Room, to clarify your doubts, which must be well-founded, about the constitutionality of a standard o act that they should apply or from a act, conduct or omission that they should judge.
La consultation It will be mandatory when resolving resources de review related to article 42 constitutional.
CONSTITUTIONAL CONFLICTS
These are related to conflicts of competition or attributions between the State powers and the Court Supreme Electoral Court, or between those and the General Comptroller's Office Republic, decentralized entities, municipalities and other persons Law Public.
ORGANIZATION AND COMPOSITION
La Living Room The Constitutional Court is made up of 7 regular judges and 14 substitutes.
The owners are elected by the Legislative Assembly through a vote Most to two-thirds of its members.
El period The term of appointment is eight years with the possibility of re-election automatic, unless the Legislative Assembly deems otherwise. For substitutes, their appointment is for 4 years.
The current Magistrates are: Licda. Ana Virginia Calzada Miranda, who presides over the Living Room, Dr. Luis Paulino Mora, Sweden Mora, Sweden, Dr. Gilbert Armijo Sancho, Dr. Ernesto Jinesta Lobo, Dr. Fernando Cruz Castro and Dr. Fernando Castillo Víquez.
Procedure to appoint a magistrate.
To be magistrate is required:
1. Being Costa Rican for nacimiento, or by naturalization, with domicile in the country No. less Ten years after obtaining the letter respective. Without embargo, the President of the Cutting Supreme of Justice must be Costa Rican by nacimiento
3.Belong to the state secular
4. Ser Most thirty-five years old
5.Own el title de lawyer, issued or legally recognized in Rib Rich and haber exercised the profession for at least ten years, except in the case of judicial officials with practice judicial no less five years. The judges must, before taking possession of the cargo, surrender the Warranty that establishes the law.
The Legislative Assembly opens a competition public prior to election and forms a commission legislative body to interview the candidates and review their professional certificates. Then, that same commission issues a recommendation that is valued by the plenary legislativo made up of 57 legislators. This recommendation can be accepted or rejected or carefully choose a candidate from among the lists of participants.
Through one mayoria qualified as two-thirds of the total of its members, the Legislative Assembly appoints the magistrates, this requirement of mayoria qualified for the ///, was established with the aim of to guarantee that person elected for their professional credentials and career and not for political or partisan reasons.
At the /// of the substitutes, the same is followed proceedings, with exception that corresponds to the Cutting Supreme of Justice send, by list closed, the names of twice as many candidates, so that from these lists the Assembly can designate those who will serve as substitutes.
En Santo Domingo, Dominican Republic we have the team of lawyers more complete and effective to advise you on issues of Procedure Civil law y Law School Common Equipment. To who Carlos Felipe Law Firm SRL. We evaluate your /// free of charge and without commitment Call us at 829 256 6865 or write to us at info@fc-abogados.com, You can also chat with us here if you wish.
