Judicial elections | Elecciones judiciales

Editorial, LosTiempos:

On December 31 at midnight —as established by the Political Constitution of the State (CPE)—, the highest authorities of the Judicial Branch end their mandate and must be replaced, at the beginning of January 2024, by others elected in elections that are impossible to hold on time.

In these circumstances—as a former constitutional magistrate warns—“there will be no control of legality or constitutionality,” since there is no constitutional way to overcome it. And the continuity, beyond December 31, of the current magistrates in their functions will weaken legal security, since their decisions will be null.

How will the acephaly be resolved in the Supreme Court of Justice, the Plurinational Constitutional Court, and the Agro-Environmental Court, in addition to the Judicial Council?

Who benefits from this situation? These are two of the three inevitable questions that are difficult to answer. The third: how did this situation come about? reveals a paradox: the essential legislative process for holding the elections began eight months ago in March and was paralyzed twice by the Plurinational Constitutional Court (TCP), the first for three months and four days, the second lasting 70 days.

The Plurinational Legislative Assembly began the process the first week of March and on the 27th of that month approved the regulations and call for the preselection of applicants qualified to participate in those elections that were to be held next Sunday.

Three weeks later, the process had its first judicial setback: a constitutional chamber of Beni annulled that regulation.

On April 20, the ALP approved a new call and a new regulation, and a week later the TCP froze the entire process as a result of the admission of an abstract unconstitutionality appeal presented by an opposition deputy.

Anticipating that the TCP would delay its ruling, the Executive presented a bill to modify the deadlines that the ALP approved and the president promulgated on June 5.

Meanwhile, the TCP continued preparing the sentence that it would issue three months and four days after having paralyzed the process.

At the beginning of September, the Senate approved a bill for these elections and a commission of Deputies sent it for consultation to the Electoral Body, the Ministry of Justice, the Supreme Court of Justice (TSJ) and the Council of the Judiciary.

And on September 20, the TSJ presented a constitutionality control query to the TCP, which once again paralyzed the process for the judicial elections, it is not known for how long.

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