The Constitutional Court (CC) rejected an action of unconstitutionality against the article of the Organic Law of the Public Prosecutor’s Office that prevents the President of the Republic from dismissing the Attorney General, thereby protecting Consuelo Porras from continuing to head the Prosecutor’s Office.
The unconstitutionality was raised by a group of citizens seeking to challenge Article 6 of Decree 18-2016, which was published in the Diario de Centro América on March 18, 2016 and which amended Article 14 of the Organic Law of the MP. This amendment prohibits the President of the Republic from removing the Attorney General.
On several occasions, President Bernardo Arévalo de León has asked Consuelo Porras to resign as Attorney General and head of the Public Ministry, arguing that her actions undermine democracy in Guatemala; however, the prosecutor assures that she will remain in office as established by the constitutional mandate.
For this reason, Arévalo himself has attempted to reform article 14 of the Organic Law of the MP, but has had no results.
What is sought by challenging Article 6 of Decree 18-2016 is that Article 14 of said law be read as follows.
Article 14. Removal. The President of the Republic may remove the Attorney General and Head of the Public Prosecutor’s Office for a duly established justified cause.
Among the justified causes for removing the Attorney General are “lack of capacity, suitability or honesty that has occurred, duly proven, in the exercise of his or her functions,” among others.
However, the unconstitutionality presented by the citizens was rejected by the full CC magistrate, as reported on Friday, September 6.
The CC resolution details that “the provisional suspension of article 6 of Decree 18-2016 of February 23, 2016, published in the Official Gazette on March 18, 2016, which amended Article 14 of the Organic Law of the Public Prosecutor’s Office, Decree 40-94 of the Congress of the Republic of Guatemala, is not decreed.”
Judge Rony López was the only one who reasoned his vote regarding the request for unconstitutionality of an article of the Organic Law of the Public Prosecutor’s Office.
Who raised the unconstitutionality
Table of Contents
- 1 Who raised the unconstitutionality
- 2 Here are some potential PAA (People Also Ask) related questions for the title: **Constitutional Court Protects Guatemalan Attorney General from Removal**:
- 3 What are the implications of the Constitutional Court’s decision to uphold the amendment that protects the Attorney General from removal by the President of Guatemala?
Table of Contents
- Feliciano Velasquez Roblero
- Suri Darili Morales Bartolon
- Nancy Mariela Velasquez Perez
- Rudy Mazariegos Morales
- Obdulio Justiniano Roblero Santizo
- Orlando de Jesus Méndez Pérez
- Leocadio Valerio Ardeano Lopez
- Rolando Lopez Crisostomo
- Fausto Sanchez Roblero
On August 30, the Supreme Court of Justice (SCJ) rejected a request by President Bernardo Arévalo to open a process to remove the immunity of Attorney General Consuelo Porras, with whom he has been involved in a long-standing dispute.
The request was filed by Arévalo on February 29, accusing her of “negligence in her duties,” after Porras abruptly walked out of a cabinet meeting a month earlier.
“We were notified [por la Corte Suprema] “of the rejection” of the president’s request, the press department of the Attorney General’s Office, the entity that acts as the State’s attorney and that submitted the request for Arévalo, told AFP.
Since last year, Arévalo has been in dispute with Porras, who cast doubt on the presidential transition by opening controversial investigations against the ruling party Semilla and the 2023 elections.
The Social Democrat leader, who does not have the authority to remove the prosecutor, has filed several requests for her impeachment since taking office on January 14.
She also introduced a bill to remove Porras, who has a mandate until May 2026, but the project has not advanced in Congress. The prosecutor is considered “corrupt” and “undemocratic” by the United States and the European Union.
Porras has also requested that Arévalo’s immunity be lifted in order to investigate him for alleged money laundering during the formation of Semilla.
With information from AFP
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#rejects #unconstitutionality #article #Organic #Law
Constitutional Court Protects Guatemalan Attorney General from Removal
The Constitutional Court (CC) of Guatemala has rejected an action of unconstitutionality against Article 6 of Decree 18-2016, which prevents the President of the Republic from dismissing the Attorney General, Consuelo Porras. This decision ensures that Porras can continue to head the Public Prosecutor’s Office, despite President Bernardo Arévalo de León’s attempts to remove her.
Background
Article 6 of Decree 18-2016 amended Article 14 of the Organic Law of the Public Prosecutor’s Office, Decree 40-94 of the Congress of the Republic of Guatemala, prohibiting the President of the Republic from removing the Attorney General. A group of citizens, including Feliciano Velasquez Roblero, Suri Darili Morales Bartolon, and others, challenged the constitutionality of this article, arguing that it should be modified to allow the President to remove the Attorney General for justified causes, such as lack of capacity, suitability, or honesty.
Constitutional Court’s Decision
On September 6, the Constitutional Court, composed of five titular and five alternate judges [[1]], rejected the unconstitutionality presented by the citizens. Judge Rony López was the only one who reasoned his vote regarding the request for unconstitutionality of an article of the Organic Law of the Public Prosecutor’s Office.
The CC resolution stated that “the provisional suspension of article 6 of Decree 18-2016 of February 23, 2016, published in the Official Gazette on March 18, 2016, which amended Article 14 of the Organic Law of the Public Prosecutor’s Office, Decree 40-94 of the Congress of the Republic of Guatemala, is not decreed.”
Presidential Attempts to Remove the Attorney General
President Arévalo has been in dispute with Porras since taking office, accusing her of undermining democracy in Guatemala through her actions. He has asked her to resign on several occasions, but she has refused, citing her constitutional mandate.
Arévalo has also attempted to reform Article 14 of the Organic Law of the Public Prosecutor’s Office to allow for the removal of the Attorney General, but his efforts have been unsuccessful.
Supreme Court’s Ruling on Immunity
On August 30, the Supreme Court of Justice (SCJ) rejected a request by President Arévalo to open a process to remove the immunity of Attorney General Consuelo Porras. The request was filed by Arévalo on February 29, accusing her of “negligence in her duties.”
Constitutional Mandate
The Constitutional Court’s decision protects Consuelo Porras’s position as Attorney General, ensuring that she can continue to exercise her constitutional mandate until May 2026.
International Concerns
The United States and the European Union have expressed concerns about Porras’s actions, labeling her as “corrupt” and “undemocratic.”
Conclusion
The Constitutional Court’s rejection of the unconstitutionality action ensures that Consuelo Porras will remain in office as Attorney General and head of the Public Prosecutor’s Office, despite President Arévalo’s attempts to remove her. This decision highlights the ongoing dispute between the President and the Attorney General, as well as the international concerns surrounding Porras’s actions.
References:
<a href="https://elfaro.net/en/202103/columns/0000025380-a-final-blow-to-guatemalas-justice-system?u=st-fulltext=all&tpl=11&utmsource=farotext&utmmedium=initdocu&utmcampaign=text-0000025380_a-final-blow-to-guatemalas-justice-system”>[3]
What are the implications of the Constitutional Court’s decision to uphold the amendment that protects the Attorney General from removal by the President of Guatemala?
Constitutional Court Protects Guatemalan Attorney General from Removal
In a significant decision, the Constitutional Court (CC) of Guatemala has rejected an action of unconstitutionality against Article 6 of Decree 18-2016, which amended Article 14 of the Organic Law of the Public Prosecutor’s Office. This amendment prohibits the President of the Republic from removing the Attorney General. The unconstitutionality was raised by a group of citizens seeking to challenge the provision that prevents the President from dismissing the Attorney General.
Background
President Bernardo Arévalo de León has been in a long-standing dispute with Attorney General Consuelo Porras, accusing her of undermining democracy in Guatemala. Arévalo has asked Porras to resign on several occasions, but she has refused, citing her constitutional mandate. In response, Arévalo has attempted to reform Article 14 of the Organic Law of the MP, but has had no success.
The Unconstitutionality Challenge
The citizens who raised the unconstitutionality challenge sought to amend Article 14 of the Organic Law of the Public Prosecutor’s Office to allow the President to remove the Attorney General for justified causes, such as lack of capacity, suitability, or honesty. However, the full CC magistrate rejected the unconstitutionality presented by the citizens, as reported on September 6.
CC Resolution
The CC resolution stated that “the provisional suspension of article 6 of Decree 18-2016 of February 23, 2016, published in the Official Gazette on March 18, 2016, which amended Article 14 of the Organic Law of the Public Prosecutor’s Office, Decree 40-94 of the Congress of the Republic of Guatemala, is not decreed.” Judge Rony López was the only one who reasoned his vote regarding the request for unconstitutionality of an article of the Organic Law of the Public Prosecutor’s Office.
Who Raised the Unconstitutionality
The unconstitutionality was raised by a group of citizens, including Feliciano Velasquez Roblero, Suri Darili Morales Bartolon, Nancy Mariela Velasquez Perez, Rudy Mazariegos Morales, Obdulio Justiniano Roblero Santizo, Orlando de Jesus Méndez Pérez, Leocadio Valerio Ardeano Lopez, Rolando Lopez Crisostomo, and Fausto Sanchez Roblero.
Context
This decision comes amid a broader context of tension between President Arévalo and Attorney General Porras. On August 30, the Supreme Court of Justice (SCJ) rejected a request by President Arévalo to open a process to remove the immunity of Attorney General Consuelo Porras, with whom he has been involved in a long-standing dispute. Arévalo has filed several requests for her impeachment since taking office on January 14, and has also introduced a bill to remove Porras, who has a mandate until May 2026.
The Constitutional Court of Guatemala, as the highest court for constitutional law in the Republic
