The Chamber of Deputies passed the bill that modifies Law 138-11, the Organic Law of the National Council of the Magistracy, adapting it to the 2024 Constitution rule that changed how the Attorney General of the Republic and deputy attorneys are chosen, El Caribe reports.
This legislation will now be sent to the Executive Branch for enactment or observation. The bill that follows the constitutional mandate dated 27 October 2024 was submitted by senators Ricardo de los Santos (PRM-Sánchez Ramírez) and Omar Fernández (FP-National District).
The bill passed with 131 votes in favor, 11 abstentions, and no votes against.
The National Council of the Magistracy (CNM) now needs to be convened to select the new Attorney General of the Republic and seven deputy attorneys (half of the total) at the proposal of the Executive Branch.
The new legal framework addresses the composition of the CNM, its functioning, and its powers. The procedure for electing the Attorney General of the Republic through the National Council of the Magistracy, at the proposal of the Executive is changed. Previously, the Attorney General was appointed solely by the President of the Republic, without the intervention of the CNM.
Regarding the composition of the Council, the reform excludes the participation of the Attorney General of the Republic and instead includes the president of the Constitutional Court (TC).
The National Council of the Magistracy will now appoint the Attorney General and deputies for a two-year term, which will be non-removable. The appointment will require a minimum of five favorable votes and will be made after evaluating the candidates.
The CNM may confirm the Attorney General and deputy attorneys at the end of their term under the same rules as their election, except in cases of impeachment.
If the National Council of the Magistracy does not select the Attorney General or some or all of the deputy attorneys proposed by the President of the Republic, the same process will be repeated until the corresponding vacancies are filled, as established in Article 35.3 of the amended law.
In addition to the Attorney General of the Republic and half of the deputies, the National Council of the Magistracy may appoint the judges of the Supreme Court of Justice, the judges of the Constitutional Court, the judges of the Superior Electoral Court and their alternates, as well as evaluate the performance of the judges of the Supreme Court of Justice.
The CNM will be composed of eight members: the President of the Republic, who will preside over it, and in his absence, the Vice President of the Republic; the president of the Senate; and a senator belonging to a party or bloc of parties different from the president of the Senate and who holds the representation of the second largest majority.
Also, the president of the Chamber of Deputies; a deputy chosen by the Chamber of Deputies, belonging to a party or bloc of parties different from that of the president of the Chamber and who holds the representation of the second largest majority; the president of the SCJ; a judge or magistrate of the SCJ chosen by its plenary, who will serve as secretary; and the president of the Constitutional Court.
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El Caribe
8 January 2025