Título Cinco. Corte de Constitucionalidad

The Constitutional Court is a permanent tribunal of exclusive jurisdiction, whose essential function is the defense of the constitutional order; it acts as a collegiate tribunal with independence from the other organisms of the State and exercises functions

The Constitutional Court is integrated with five titular Magistrates, each of whom shall have his respective alternate. When it hears unconstitutionality matters against the Supreme Court of Justice, the Congress of the Republic, the President or Vice President of the Republic, the number of its members shall be raised to seven, the other two Magistrates being chosen by lot from among the alternates.

The Magistrates shall serve in their functions for five years and shall be appointed in the following form:

a)One Magistrate by the plenary of the Supreme Court of Justice;

b)One Magistrate by the plenary of the Congress of the Republic;

c)One Magistrate by the President of the Republic in Council of Ministers;

d)One Magistrate by the Higher University Council of the University of San Carlos of Guatemala;

e)One Magistrate by the Assembly of the Bar Association of Guatemala.

Simultaneously with the appointment of the titular, that of the respective alternate shall be made, before the Congress of the Republic.

To be a Magistrate of the Constitutional Court the following is required:

a)To be Guatemalan by origin;

b)To be an active collegiate attorney;

c)To be of recognized honorability;

d)To have at least fifteen years since professional graduation.

The Magistrates of the Constitutional Court, in addition to the requirements contemplated in the preceding article and which are common to all of them, shall preferably be chosen from among persons with experience in function and public administration, magistracies, professional practice and university teaching, according to the State organ that designates them.

The Supreme Court of Justice, the President of the Republic in Council of Ministers, the Superior Council and following in descending order of age. two Magistrates by lot from among the alternates; Guatemala and the Bar Association shall designate the respective titular and alternate Magistrates and remit to the Congress of the Republic within the sixty days following the installation of this Organism, the names of those who shall have been designated to occupy these offices in the Constitutional Court. Within the same time limit the Congress of the Republic shall designate its respective Magistrates.

The appointment of titular and alternate Magistrates by the plenary of the Supreme Court of Justice and by the plenary of the Congress of the Republic shall be carried out through an express convocation, by absolute majority of votes and in accordance with the procedures determined by their internal laws.

Appointment of Magistrates by the Higher University Council and by the General Assembly of the Bar Association. The appointment of titular and alternate Magistrates by the Higher University Council and by the General Assembly of the Bar Association shall be made by absolute majority of votes of the members present at the electoral act by secret ballot. No representation by proxy may be exercised in this act.

The notice for the electoral act in both cases shall be issued at least fifteen days in advance and shall be published in the Official Gazette and in two newspapers of largest circulation.

The internal procedure for the designation of the Magistrates by the plenary of the Supreme Court of Justice, by the plenary of the Congress of the Republic and by the President of the Republic in Council of Ministers is not challengeable.

The designations of Magistrates by the Consejo Superior Universitario of the Universidad de San Carlos de Guatemala and by the Assembly of the Colegio de Abogados de Guatemala may be challenged in accordance with the law; but while the challenges are being resolved the titular and alternate Magistrates who are to be replaced shall continue to act.

The Congress of the Republic shall issue the Decree of integration of the Constitutional Court, which shall be installed ninety days after the installation of the Congress of the Republic; the titular and alternate Magistrates shall take an oath of fidelity to the Constitution before this Body.

The Presidency of the Constitutional Court shall be held by the same titular Magistrates who comprise it, on a rotating basis, for a period of one year, beginning with the one of greatest age.

In the first session held by the Constitutional Court after having been installed, it shall designate the President and establish the order of the vocal Magistrates in accordance with their right of assumption to the presidency.

When any person designated to occupy a Magistracy has cause of incompatibility for said function, that person shall, before taking office, cease in the incompatible office or activity. If that person fails to do so within the time limit of fifteen days following the designation, it shall be understood that such person does not accept the office of Magistrate of the Constitutional Court. The same provision shall apply when the cause of incompatibility arises during the exercise of the function.

The Magistrates of the Constitutional Court shall cease to exercise their function by resignation presented before the Court and accepted by it; by expiration of the time limit of their designation, except for the case indicated in Article 157; by supervening incompatibility; by issuance of a reasoned imprisonment order, or by incapacities applicable to judicial public officials.

It shall be the same Constitutional Court that hears and decides on any cause requiring the suspension of the Magistrate in the exercise of their function.

The Magistrates of the Constitutional Court may be reelected by the same State organ or institution that designated them, or by another having designation powers.

It corresponds to the Constitutional Court:

a)To hear in sole instance challenges filed against laws or provisions of a general nature, objected to partially or totally on grounds of unconstitutionality;

b)To hear in sole instance, as Extraordinary Tribunal of constitutional relief (amparo), constitutional relief (amparo) actions filed against the Congress of the Republic, the Supreme Court of Justice, the President and the Vice President of the Republic;

c)To hear on appeal all constitutional relief (amparo) actions filed before any of the tribunals of justice. If the appeal is against a decision of constitutional relief (amparo) of the Supreme Court of Justice, the Constitutional Court shall be expanded with two members, the others being chosen and dignity inherent to their investiture. They shall not be doctrinal thereof.

d)To hear on appeal all challenges against laws challenged on grounds of unconstitutionality in concrete cases, in any trial, in cassation or in the cases contemplated by this law;

e)To issue an opinion on the constitutionality of treaties, agreements and bills, at the request of any of the Organisms of the State;

f)To hear and resolve matters relating to any conflict of jurisdiction or jurisdiction in matters of constitutionality;

g)To compile the doctrine and constitutional principles it establishes on the occasion of constitutional relief (amparo) and unconstitutionality decisions, keeping the jurisprudential bulletin or gazette up to date;

h)To issue an opinion on the unconstitutionality of laws vetoed by the Executive alleging unconstitutionality;

i)To act, give an opinion, render a report or hear those matters within its jurisdiction established in the Constitution of the Republic.

It also corresponds to the Constitutional Court:

a)To render an opinion on the amendment to the constitutional laws prior to their approval by Congress;

b)To issue an opinion on the constitutionality of bills at the request of the Congress of the Republic;

c)To hear questions of competence between the organs and autonomous entities of the State.

The Constitutional Court shall issue the regulations on its own organization and functioning.

The legal representation of the Constitutional Court corresponds to its President, who convenes and presides over it. The President shall adopt the necessary measures for its proper functioning, also exercising administrative powers over the personnel of the tribunal.

The Magistrates of the Constitutional Court shall exercise their functions independently of the organ or entity that appointed them and in accordance with the principles of impartiality, in accordance with the principles of impartiality pursued by the opinions expressed in the exercise of their office.

The Magistrates of the Court are irremovable, may not be suspended except by virtue of the causes indicated in this law and shall enjoy the same privileges and immunities as the Magistrates of the Supreme Court of Justice.

The status of titular member of the Constitutional Court is incompatible with positions of political leadership, State administration or trade unions and with professional practice.

Professional practice is not incompatible with the office of alternate Magistrate.

The grounds for excusal established in the Law of the Judicial Branch or in any other law shall not apply to the Magistrates of the Constitutional Court. When, in their judgment, due to having a direct or indirect interest, or due to their impartiality being otherwise compromised in any manner, the Magistrates may recuse themselves from hearing, in which case the corresponding alternate shall be called.

The Congress of the Republic, the President of the Republic and the Supreme Court of Justice may request the opinion of the Constitutional Court.

Every opinion shall be requested in writing. The memorial shall be formulated in precise terms, express the reasons motivating the opinion and contain the specific questions submitted for consideration by the Constitutional Court.

All documents that may shed light on the matter shall be attached to the request.

The Constitutional Court may request any information or additional clarification regarding the consultation submitted to it that is necessary for it to issue an opinion.

The Constitutional Court shall issue its opinion within the time limit of sixty days following the filing of the request.

The Constitutional Court shall answer consultations in a clear and precise form, sufficiently reasoning its conclusions and the legal support therefor. The Magistrates, if they so decide, may record their individual opinion together with the advisory opinion of the Court, whether they dissent from the majority or not.

The opinions of the Constitutional Court shall be pronounced in solemn public hearing, with summons to the entity or persons requesting the opinion, as well as to any other persons whom the tribunal deems pertinent to convene. The President of the Republic shall designate the person or persons who shall accompany the corresponding Minister of State and who shall represent the Executive Branch. If Congress had been the requester of the opinion, it shall make the same designation from among the deputies. The attorneys for the requesters, the Attorney General and the Board of Directors of the Bar Association may also attend.

All opinions of the Constitutional Court shall be published in the Official Gazette within the third day after having been pronounced in a public hearing.

The decisions of the Constitutional Court shall have the favorable opinion of the absolute majority of the Magistrates who comprise it.

For the sessions of the Constitutional Court, the presence of all its members is required, and alternates may be called to fill absences and temporary vacancies of the titular Magistrates.

The Constitutional Court shall hold sessions as often as necessary, establishing provisions regarding ordinary and extraordinary meetings; the latter when convened by the President or requested by two or more Magistrates.

The sessions of the tribunal shall be private, but, when the Court so decides, persons directly interested in the matter under consideration may attend.

The agreements and opinions of the Constitutional Court shall obligatorily be signed by all the Magistrates who at the time of their adoption comprise the tribunal. If any dissents from the majority, he or she shall reason his or her vote in the act itself and have it recorded in the book kept for that purpose.

The Constitutional Court may order consolidation on grounds of identity or similarity, where the unity of the proceedings and decision is justified.

When its intervention has been lawfully sought in matters within its jurisdiction, the Constitutional Court shall not, without incurring liability, suspend, delay, or deny the administration of justice, nor excuse itself from exercising its authority even in cases of lack, obscurity, ambiguity, or insufficiency of legal provisions.

The decisions of the Constitutional Court on matters of jurisdiction and competence are final and against them only clarification and amplification lie.

The decisions of the Constitutional Court bind the public power and the organs of the State, and have full effects against all.

It is an attribution of the Constitutional Court to formulate its own budget; and on the basis of the provision contained in Article 268 of the Constitution of the Republic, there shall be assigned to it an amount not less than five percent of the minimum of two percent of the State revenue budget corresponding to the Judicial Branch, which amount shall be delivered to the Treasury of the Constitutional Court each month in proportional and advance form by the corresponding organ.

The funds derived from the administration of constitutional justice are private funds of the Constitutional Court and their administration and investment correspond to it.

The fines imposed on the occasion of the application of this law shall enter the private funds of the Constitutional Court.

The Secretary General, the section chief attorneys, the officers and the assistants necessary for its proper functioning are public officials in the service of the Constitutional Court.

The Constitutional Court shall establish the civil service and pension regime of the Tribunal, and may incorporate it into the regime existing in the State on pensions. The selection of personnel, their appointment and removal correspond to the Presidency of the Court.

Given in the Palace of the Legislative Branch in the city of Guatemala, on the eighth day of the month of January of one thousand nine hundred and eighty-six.

The Constitutional Court shall publish quarterly the Jurisprudential Gazette, in which all the judgments it renders in matters within its jurisdiction and the opinions it is required to issue in accordance with the law shall be inserted in full. Works related to the legal matters within its jurisdiction that it deems worthy of publication may also be included therein.