President of the Supreme Court asks to delimit the powers of the TC



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The President of the Supreme Court, Guillermo Silva, He commented this afternoon on the general lines of what was the day of reflection, which was held by the plenary session of the highest court on Friday and Saturday of last week.

The instance was mainly marked by constitutional issues, above all because the structure and functioning of the Judicial Power as a whole is regulated in the Constitution. That, in the midst of a constitutional convention that will start on a blank page, is one of the main reasons why the supreme are interested in participating in said discussion.

When asked about the issue, Silva referred in general to how the maximum relationship with the Constitutional Court (TC) should be. This, because the plenary session discussed the need to set the powers of both instances to avoid new conflicts. The issue has special force due to the dispute between the two courts last year, in what was called a “train crash”, after the Third Chamber of the highest court assured in a ruling that the judgments of the TC are reviewable by the Supreme Court through protection resources.

“It is convenient, to avoid problems like those that happened, that the competences and matters that the TC and us should know are well delimited,” Silva said. On the same subject, the Supreme Court commented that the plenary session is not “interested in taking powers away from the TC, nor that the TC wants to take powers away from us.”

The content of what has been discussed will be systematized in a document that they are writing and that is expected to be released in the coming days. The objective of the Supreme Court, Silva clarified, is to generate quality inputs for the discussion on the future of the Judicial Power in the new Constitution, without imposing proposals, but with the intention of collaborating: ”I cannot imagine a constituent body that does not consult the opinion of the Judiciary. It would be absurd. It means that we are going to be very bad at the beginning of the new Constitution ”.

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