The initiative seeks to add expiration of the mandate as a cause for vacancy in the position.
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The initiative proposes to modify article 8 of the Organic Law of the TC, which states that This body is made up of only seven members. (Photo: GEC file)
The Constitution Commission approved by majority the opinion that creates the figure of “accessory magistrate” in e l Constitutional Court (TC), which would take the place of the headlines in certain cases.
The initiative proposes to modify article 8 of the Organic Law of the TC, which says that this body is made up of only seven members.
According to the document, Congress would not only be in charge of electing the seven members of the TC, but also their assistants. This would also be done through a public merit contest. In total there would be three accessory magistrates who will be elected by vote in plenary.
— Comisión Constitución y Reglamento (@ComisionConsti2) June 28, 2022
In this way, if any incumbent magistrate is suspended for a period longer than 30 days, he would be temporarily replaced by the accessory.
Furthermore, it establishes the expiration of a mandate as a cause of vacancy, so that, if that is the case, it is the adjunct magistrate who assumes the position for a maximum period of 12 months.
The opinion will now be scheduled and debated in the Congress of the Republic so that it is approved or, failing that, returned to the working group for modifications to be made.