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The Disciplinary Chamber of the Judiciary reported that its two oldest magistrates, Pedro Alonso Sanabria and Julia Emma Garzón, made their positions in that corporation available to Congress, which was eliminated in 2015 with the balance of powers reform.
“In an official letter sent to the honorable Congress of the Republic on September 21, they made their positions as magistrates of the Corporation available to it, because that representative body of the legislative power is their nominator,” read a statement from the Room.
The reason for this gesture, the statement affirms, is what they called a change in jurisprudence, because in a sentence of August 27 of this year, the Constitutional Court, when reviewing a protection of the Superior Council of the Judiciary -before the Administrative Chamber-, clarified that the National Commission for Judicial Discipline, which must replace the Disciplinary Chamber, must be formed this year and that a magistrate term of more than 8 years is unconstitutional, the Court also said that the term of a magistrate cannot be extended beyond 8 years on the grounds that no magistrates have been chosen to replace them.
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Although the Court did not mention Sanabria and Garzón in its decision, They are the only magistrates in property that the Disciplinary Chamber currently has -the other 5 are interim- and they have also been magistrates for 12 years, exceeding the period contemplated by law by 4.
Since the decision of the Court of last August was known, a reaction was expected from the Disciplinary Chamber, since it is confirmed that it has not had to continue to exist all these years, but that it should be replaced as soon as possible by the Commission; and also Sanabria and Garzón, who due to their tenure in office for so many years are known as ‘eternal’ magistrates.
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Just this Thursday, the Superior Council of the Judiciary published the agreement with the rules of the public call that will be made, in the coming days, to make up the 4 short-lists that correspond to that corporation for the Judicial Discipline Commission. The other three shortlists must be made by the President of the Republic, also by convocation. Then, the full Congress must elect the 7 magistrates that make up the body, which is in charge of disciplinary judging lawyers, judges and prosecutors.
The reason why the Disciplinary Chamber has lived for so long despite its elimination 5 years ago is that at the time the Council of State overturned the public calls that the Judiciary and the Presidency had made to elect the trustees, saying that these public competitions had to be regulated by statutory law. But the Constitutional Court, when reviewing a protection of the Judiciary against the decision that annulled its contest, explained that this statutory law was not necessary.
The full Congress must elect the 7 magistrates that make up the body, which is in charge of disciplinary judging lawyers, judges and prosecutors
It is expected that in the coming weeks the calls to elect the tribunals to magistrates will begin, and that the election will later take place in Congress, since the Constitutional Court set as a limit on December 20, 2020 for the National Disciplinary Commission Judicial is marching.
JUSTICE
On twitter: @JusticiaET
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