the right, derived from the Venezuelan Constitution itself and from the American
Convention, for the judges deciding their disputes to be and to appear to be
independent. Thus, the State must offer the guarantees derived from the principle
of judicial independence to both permanent and provisional judges.137
104. The Court reiterates that, although provisional and permanent judges must
have the same guarantees (supra para. 103), these guarantees do not entail equal
protection for both types of judge, because provisional and temporary judges are,
by definition, selected in a different way and their permanence in the post is not
indefinite. In this regard, in the Reverón Trujillo case, the Court recognized, as the
State is again arguing in this case, that provisional and temporary judges have not
demonstrated the conditions and aptitude to exercise the function with the
guarantees of transparency imposed by the competitions. However, the Court
reiterates that this does not mean that provisional and temporary judges should not
have some kind of appointment procedure because, according to the Basic
Principles, “[a]ny method of judicial selection shall safeguard against judicial
appointments for improper motives.”138
105. Furthermore, the Court reiterates that in the same way that the State is
obliged to guarantee an appropriate procedure for appointing provisional judges, it
must guarantee them a certain tenure in their posts. This Court has stated that the
provisional status “must be subject to a resolutive condition, such as fulfillment of a
predetermined term, or the holding and completion of a competitive examination to
appoint a permanent replacement for the provisional judge.”139 In this way, in the
case of provisional judges, the guarantee of tenure translates into a requirement
that they may enjoy all the benefits of permanence until the resolutive condition
occurs that puts a legal end to their mandate.140
106. Also, in the Reverón Trujillo case, the Court indicated that the tenure of
provisional judges is closely related to the guarantee against external pressure,
because, if provisional judges do not have the security of permanence during a
predetermined term, they will be vulnerable to pressure from different sectors,
mainly from those who have the authority to decide on dismissals or promotions in
the Judiciary.141
107. Nevertheless, since a review of credentials cannot be equated to a
competitive examination, and it cannot be maintained that the stability that comes
with a permanent post is the same as the stability that comes with a provisional
post with a resolutive condition, this Court has held that provisional appointments
must be the exception and not the rule, because prolonging the provisional status
of judges or the fact that most judges are provisional gives rise to significant
impediments to judicial independence.142 Moreover, the Court has specified that, for
the Judiciary to fulfill its function of guaranteeing the greatest suitability of its
members, provisional appointments cannot be prolonged indefinitely so that they
become permanent appointments. This is another reason why the provisional status
is only admissible as the exception and not as the general rule, and why it must be
of limited duration in order to be compatible with the right of access to public
137
Cf. Case of Reverón Trujillo v. Venezuela, supra note 12, para. 114.
138
Case of Reverón Trujillo v. Venezuela, supra note 12, para. 115.
139
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra
note 121, para. 43, and Case of Reverón Trujillo v. Venezuela, supra note 12, para. 116.
140
Cf. Case of Reverón Trujillo v. Venezuela, supra note 12, para. 116.
141
Cf. Case of Reverón Trujillo v. Venezuela, supra note 12, para. 117
142
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra
note 121, para. 43, and Case of Reverón Trujillo v. Venezuela, supra note 12, para. 118.
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