proceed to appoint them as ordered by the Constitution of the Republic and the law, from
the shortlists of three names received in due course by Congress.” 90
66.
It also resolved to “declare the termination of the duties of the full judges of the
Supreme Electoral Tribunal and their substitutes, on the grounds that they were appointed
without observing the provisions of Article 209 of the Constitution of the Republic, as
regards the method of their appointment; and to proceed to appoint them in accordance
with that constitutional provision and with the electoral results of October 20, 2002. The
appointees […] shall remain in their positions until they are legally replaced in January
2007.” 91 That same day, the National Congress appointed four full judges and four alternate
judges of the Constitutional Tribunal from shortlists of three names submitted by the
President of the Republic and the Supreme Court of Justice. 92 It also appointed one full
judge and one alternate judge of the Constitutional Tribunal from the shortlist of three
names submitted by the mayors and provincial prefects, one full judge and one alternate
judge from the shortlist of three names submitted by workers’, indigenous and campesino
organizations, and one full judge and one alternate judge from the shortlist of three names
submitted by the production chambers. In addition, two full judges and two alternate judges
of the Constitutional Tribunal were appointed directly. 93
67.
On November 26, 2004 the National Congress appointed seven full judges and seven
alternate judges of the Supreme Electoral Tribunal. 94
2.
The Constitutional Tribunal’s decision on the inadmissibility of amparo actions
against decisions of Congress
68.
On December 2, 2004 the newly appointed Constitutional Tribunal issued a ruling in
response to a request made by the President of the Republic “to prevent trial judges from
admitting for processing constitutional amparo actions against Resolution 25-160, adopted
by the […] National Congress on November 25, 2004.” 95 The Constitutional Court resolved:
To rule that to suspend the effects of a parliamentary resolution, such as 25-160, adopted by the
National Congress on November 25, 2004, for an alleged violation of the Constitution, in
substance or in form, the only action admissible is the unconstitutionality suit, which must be
brought before the Constitutional Court, in line with the Resolution of the Supreme Court of
Justice adopted on June 27, 2001 and published in Official Record No. 378 on July 27 of that
year; and, that any amparo remedy filed in the country’s courts in connection with the aforesaid
resolution must be rejected outright and ruled inadmissible by the judges, since to do otherwise
would be to admit proceedings against express law, which would lead to the corresponding
judicial actions. 96
90
National Congress Resolution issued on November 25, 2004 (File of attachments to the report, volume III,
page 941).
91
National Congress Resolution issued on November 25, 2004 (File of attachments to the report, volume III,
page 941).
92
Cf. Resolutions No. 161, 162, 163, 164, 165, 166, 167, 168, 169 of November 25, 2004 (File of
attachments to the report, volume I, pages 200 to 202).
93
Cf. Resolutions No. 161, 162, 163, 164, 165, 166, 167, 168, 169 of November 25, 2004 (File of
attachments to the report, volume I, pages 200 to 202).
94
Cf. Resolutions No. 170, 171, 172, 173, 174, 175 and 176 of November 26, 2004 (File of attachments to the
report, volume I, pages 204 to 206).
95
Cf. Resolution of the Constitutional Court of December 2, 2004 (File of attachments to the report, volume I,
pages 208 to 209); Decision of Constitutional Tribunal of December 2, 2004 (File of attachments to the report,
volume I, page 198) and Supplement to Official Record No. 477 of December 8, 2004 (File of attachments to the
brief of pleadings and motions, volume I, page 2259).
96
Decision of the Constitutional Tribunal of December 2, 2004 (File of attachments to the report, volume I,
page 198); Supplement to Official Record No. 477 of December 8, 2004 (File of attachments to the brief of
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