It shall consist of seven principal members, with their respective deputies, representing political parties, movements or political alliances obtaining the highest number of votes in the last multi-seat elections, at the national level, and who shall submit to the National Congress the lists of candidates from which the principal members and their deputies shall be elected. The members shall be appointed by a majority of the members of the Congress, they will remain in office for four years and may be re-elected (...). Article 276. The Constitutional Tribunal shall have competence: 1. To hear and decide appeals on the unconstitutionality, in substance or in form, of organic and ordinary laws, decree-laws, ordinances, statutes, regulations, and resolutions issued by organs of the institutions of the State, and to suspend all or some of their effects. 2. To hear and decide on the unconstitutionality of the administrative acts of all public authorities. The declaration of unconstitutionality shall result in the annulment of the act, without prejudice to the administrative organ adopting the necessary measures to preserve respect for the constitutional norms. Article 277. Actions on unconstitutionality may be presented by: (...) 5. One thousand citizens exercising their political rights, or any person following a favorable report of the Ombudsman on its admissibility, in the cases of sub-paragraphs (1) and (2) of the same article (...). 32. Finally, the Law on Contentious Administrative Jurisdiction provides, so far as is relevant: Article 6. The Contentious-administrative jurisdiction shall not have jurisdiction over: (...) c) Matters arising in connection with the political acts of the Government (...) d) The resolutions issued by electoral bodies. (...) C. Appointment Proceeding of the Alleged Victim to the Supreme Electoral Tribunal 33. As indicated in the previous section, article 209 of the 1998 Constitution provided that the Supreme Electoral Tribunal shall be composed of seven principal members and seven deputies, representing the political parties obtaining the greatest number of votes in the multi-seat elections, who will submit to the National Congress the list of candidates from which the principal and deputy members shall be elected.4 34. On December 2, 1998, the National Congress, taking into account the electoral results of May 31, 1998, and the candidates sent to it, appointed the members of the Supreme Electoral Tribunal for the period 1998-2003, among who was the alleged victim. 5 35. On December 3, 1998, 6 the alleged victim was appointed as vice president of the Supreme Electoral Tribunal, and as its president on December 7, 2000. 7 36. On January 9, 2003, the National Congress, in Resolution 24-017, and in exercise of the powers established in Articles 130(11), and 209 of the Constitution of the Republic, again appointed the members of This law is the result of a popular referendum referred to earlier in this Report. Prior to its reform, Article 137 of the Constitution provided that the Supreme Electoral Tribunal would be constituted by seven members representing each of the seven lists obtaining the greatest number of votes at a national level. 5Annex. 1 Resolution of Appointment as Member, of December 2, 1998. Annex 1 to the initial petition received on May 26, 2005, document 1. 6Annex 2. Certification of November 15, 1999. Annex 12 to the petition received on May 26, 2005, document 7. 7Annex 3. Certification of February 1, 2001. Annex 12 to the petition received on May 26, 2005, document 7. 4 6

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