better start buy IG now...

read somewhere on the net this article about SALA IV being the last court in CR;

 

 

 

Constitutional Court Has Last Word In Costa Rica: Magistrates Confirm It

 

Who is charge in Costa Rica? The magistrates of the Sala Constitucional (Constitutional Court) are clear on this, they are, they say.

 

It is common for every week the "Sala IV" making the headlines, taking centre stage in recent years on major decisions and criticized for becoming the "first power" of the Republic.

On Tuesday, the first program held by La Radio outside its studios, called "Minuto a Minuto" (Minute by Minute), at the campus of the Universidad Latina in Heredia, brought together tow judges of the Constitutional Court to discuss this issue and to be asked if they have the last word in Costa Rica.

Judge Fernando Castillo, a member of the Sala IV since 2009, said that "they" have the last word, because the law says so.

Judge Fernando Cruz, said that the last word belongs to the Constitution and by law they (the judges) are who interpret it. Above all, Cruz insisted that the Court has the ultimate decision, because that has been the will of the people (by way of the political class).

Asked if the fact that the Legislature can not legislate, and the executive branch cannot enact decrees generates ungovernability?

Cruz, in answering, asked if lawlessness is to rule without limits.



Supreme Court of Justice of Costa Rica
090929SEPLIN2X100.jpgThe Supreme Court of Justice of Costa Rica (Corte Suprema de Justicia de Costa Rica) is the court of greater hierarchy of Law and Justice in Costa Rica.

Established on January 25, 1825, its present president is the Magistrate Dr. Luis Paulino Mora Mora. All of the courts in the country are dependent on the Supreme Court of Justice. Its organizational structure is based around three factors: the matter of the subjects to solve, the territory where they take place and the quantity (amount of money that is involved in the subject).

The Supreme Court of Justice has 22 proprietary magistrates, 25 substitute magistrates in three first rooms and 12 substitute magistrates in the Constitutional Room. They are distributed of the following way: five in each one of the three Rooms of Annulment and seven in the Constitutional Room. They are nominated by the Legislative Assembly of Costa Rica every eight years.

On June 2, 1982, the Legislative Assembly passed the Reform Law to article 162 of the Political Constitution, through which, the Supreme Court magistrates obtained the right to elect the court's president. On September 1989 the Assembly passed a new reform to the Constitution. This time articles 10, 48, 105 and 128 were modified, creating the Constitutional Room of the court or Sala Constitucional with the mandate that it served to receive and process declarations of unconstitutionality for any kind of laws and regulations and of acts subject to public legislation and made up of seven magistrates finally increasing the count to 22.

Functions
090929SEPLIN2X100.jpgThe Supreme Court of Justice of Costa Rica has the following functions:
• To inform to the other Powers of the State in the subjects in which the Constitution or the laws determines that it is to be consulted and to give opinion when it is required about the projects of reform to the codified legislation or that which affect the organization or function of the Judicial Power.

• To propose the prescribed legislative reforms and an advisable judge to improve the administration of justice.

• To approve the budget of the Judicial Power, which once promulgated by the Legislative Assembly, will be able to enact by means of the Council

• To name the proprietary and substitute members of the Supreme Court of Elections.

• To resolve any disputes between the Chambers of the Court, except the Constitutional Room.

• To designate in secret voting, the President and Vice-president of the Court for periods of four years and two years respectively, and could mean re-elections for equal periods.

• To promulgate an initiative or following a proposal by the Council Superior of the Judicial Power, the internal procedures of order and rebuke what it considers pertinent.

• To annul or revise sentences dictated by the Second and Third Chambers.

The sole exception to the jurisdiction of the Judicial Power exists with the elections, where decisions correspond exclusively to the Tribunal Supremo de Elecciones, according to Article 103 of the constitution.