Constitutional Court, mentioning the same pleadings on the incorrect retrospective application of the Constitution of 1993.32 44. On January 9, 2004, the Second Room of the Constitutional Court declared the remedy unfounded, stating that from the moment the Constitution of 1993 became effective, i.e. since January 1, 1994, the latter regulated the legal situation of all the public authorities and their functions, including the Judicial Branch, so the petitioner's right to permanence in service was subjected to the restrictions stated in the Constitution of 1993, including the restriction regarding the temporary nature.33 It indicated that “the right to remain in active service is not chronologically infinite or until a certain age is reached but it is predetermined in time; this is, for seven years, and when this term culminates, the continuation in service is subjected to the ratified condition of the person assessed.”34 45. On March 30, 2004, the alleged victim filed for an appeal for annulment before the president of the said court.35 On May 14, 2014, the said court rejected the writ of annulment, since it considered that there were no defects and that “the case law established by the Court regarding the ratification of magistrates was followed.”36 3. Jean Aubert Díaz Alvarado 46. On May 24, 1989, Jean Aubert Díaz Alvarado was appointed as Provincial Adjunct Prosecutor of the Mixed Provincial Public Prosecutor's Office of Huancayo of the Judicial District of Junín.37 47. On January 22, 2001, they published the resolution through which the NCM summoned Mr. Jean Aubert Díaz Alvarado for a personal interview, during the assessment and ratification proceeding.38 The petitioner said, and the State did not dispute, that during the interview, none of the councilors were specifically charged and that one of them was asked about the reasons for filing a criminal complaint against the former dean of the Bar Association of Junín for the offense of misappropriation.39 48. On July 13, 2001, the NCM passed a resolution determining the alleged victim’s nonratification and the cancellation of his appointment as Provincial Adjunct Prosecutor of the Judicial District of Junín: “It is therefore ordered, adjudged, and decreed: First.- To repeal the appointments, canceling the Capacities granted to the judges and prosecutors mentioned below, since they were not ratified in their roles: (...) Public Ministry, Judicial District of Junín, Provincial Adjunct Prosecutors: Díaz Alvarado, Jean Aubert(…).”40 The decision has no further motivations. 49. On December 6, 2006, the alleged victim filed for a remedy against this decision before the Mixed Court of Puente Piedra, Santa Rosa, and Ancón.41 Annex 15. Special motion of appeal filed for by petitioner Valenzuela Cerna, July 16, 2003. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 33 Annex 16. Judgment of the Second Room of the Constitutional Court, delivered within case file No. 1892-2003-AA/TC, January 9, 2004. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 34 Annex 16. Judgment of the Second Room of the Constitutional Court, delivered within case file No. 1892-2003-AA/TC, January 9, 2004. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 35 Annex 17. Appeal for annulment filed for by petitioner Valenzuela Cerna, March 30, 2004. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 36 Annex 18. Resolution of the Constitutional Court, passed within case file No. 1892-2003-AA/TC, May 14, 2004. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 37 Annex 19. Appointment as Provincial Adjunct Prosecutor of the Mixed Provincial Public Prosecutor's Office of Huancayo of the Judicial District of Junín, given by the President of the Republic, May 24, 1989. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 38 Annex 20. Resolution No. 095-2001-CNM, passed by the National Council of the Magistracy, July 13, 2001. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 39 Initial petition by petitioner Díaz Alvarado, May 22, 2008. 40 Annex 20. Resolution No. 095-2001-CNM, passed by the National Council of the Magistracy, July 13, 2001. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 41 Annex 21. Resolution of the Constitutional Court, passed within case file No. 5845-2007-PA/TC, December 19, 2007. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 32 9