The Constitutional Court (CC) annulled the list of candidates for attorney general and head of the Public Ministry (MP) to grant protection provisional the afternoon of this Thursday, April 23, which forces the process to go back to the evaluation phase.
The decision introduces a criterion on how the professional experience of applicants should be computed.
The ruling orders the Nomination Commission to reclassify the files using the grading table, excluding as a general rule the time spent as a judge to accredit professional practice of law, with exceptions. This setting can modify the scores and, consequently, the integration of the final list.
From the notification, a route is activated with short and consecutive deadlines that involves the President of the Republic and the Commission.
What will happen now?
Organizations like Guatemala Visible They have summarized what follows in seven steps, from the return of the payroll to the sending of a new one and the compliance report to the CC.
- Central criterion of the CC
The CC establishes that the time as a judge does not count as a professional practice of law for that requirement, with exceptions (judges of Appeals Chambers or equivalent bodies for a full term). This change requires review scores. - Boot: notification
The process runs from the formal notification of the resolution. - Payroll return (4 hours)
The president must return payroll to the Commission and refrain to designate. - Compliance period (48 hours)
With the payroll returned, the Commission has 48 hours to execute what is ordered. - Grade Review
HE all files are reclassified of applicants who were judges, adjusting the scoring according to the criteria of the CC. - New payroll (24 hours)
With reclassified files, the Commission has 24 hours to integrate a new payroll. - Immediate sending to the president
The new list must forward immediately to the Executive. - Report to the CC (12 hours)
Authorities must render detailed report of compliance in 12 hours.