78. Regarding the judicial decisions on July 16, 2003, the Constitutional Court ruled that the norm that established the impossibility of returning to the Judiciary and Public Prosecution Service for non-ratified judges and prosecutors, considered that such prohibition: [was] therefore incongruous with the institution of ratification, since […] this did not constitute a sanction, but a vote of confidence regarding the exercise of the role […] the prohibition of re-entering the judicial career is equated [as regulated] to a sanction the imposition of which […] is not a consequence of having committed an offense. […] For this reason […] the non-ratified magistrates are not prevented from re-applying to the Judiciary or the Public Prosecution Service. 54 79. Furthermore, on August 12, 2005 the Constitutional Court, with the entry into force of the Constitutional Procedural Code, established the possibility of constitutionally challenging the decisions of the CNM in court, when they are unfounded and/or when they have been issued without audience of the interested party. 55 Similarly, a judgment of the Constitutional Court of November 8, 2005, 56 established “the doctrine of the ability to review administrative decisions, in order to safeguard the protection of fundamental rights, and it was established that inability to be reviewed is a doctrine not admitted, [given] that it is possible that the jurisdictional bodies carry out review of constitutionality on any act with legal relevance, however, this review of the decision, if applicable, will not lead to the modification of a Resolution that would have respected due process.” Subsequently, through the constitutional reform enacted on January 9, 2019, Law No. 80. 30904, Constitutional Reform Law on the formation and functions of the National Council of the Judiciary (hereinafter also “JNJ”), articles 154, 155 and 156 of the Political Constitution of Peru were modified, and Law No. 26397, Organic Law of the CNM, and its respective regulations were repealed. With the issuance of said regulation, the CNM ceased to exist to give way to the National Council of the Judiciary, an entity that would be in charge of the appointment and evaluation of the performance of the country's judges and prosecutors, in addition to the administrative sanctions, such as dismissal, among others. 57 Similarly, the regulations for the evaluation and ratification process have been amended on various occasions. The Regulations for the Comprehensive Evaluation and Ratification Process for Judges of the Judiciary and Prosecutors of the Public Prosecution Service, indicated by the State as currently in force, was approved by the National Council of the Judiciary through Resolution No. 260-2020-JNJ on December 9, 2020. 58 81. Decree Law No. 14605 of July 25, 1963, which contained the Organic Law of the Judiciary in force on the date of the events, regulated the requirements, actions, obligations, sanctions and other matters related to judges. 59. 54 Judgment of the Constitutional Court issued in file No. 1550-2003-AA/TC, of July 16, 2003 (evidence file, pages 1846 to 1856). 55 Judgment of the Constitutional Court issued in file No. 3661-2004-AA/TC, of August 12, 2005 (evidence file, pages 1865 to 1896). 56 The State mentioned the Judgment of the Constitutional Court issued in file No. 05854-2005-PA/TC, of November 8, 2005. 57 The State also indicated that, within the framework of said process of justice system reform, the Executive Branch presented the JNJ Bill to the Congress of the Republic. On February 19, 2019, Law No. 30916 - Organic Law of the National Council of the Judiciary was published in the Official Gazette, ‘El Peruano’. The National Council of the Judiciary, in accordance with article 2 of the Organic Law of the JNJ, has among its powers “Ratify, with a public and reasoned vote, the judges and prosecutors of all levels every seven (7) years. Those not ratified or dismissed cannot re-enter the Judiciary or the Public Prosecution Service.” Organic Law of the National Council of Judiciary, Law No. 30916, published on February 19, 2019 (evidence file, pages 4085 to 4120). 58 Cf. Resolution No. 260-2020-JNJ of the National Board of Justice, published in the El Peruano newspaper on December 19, 2020 (evidence file, fs. 3440 to 3451). 59 Cf. Decree Law No. 14605, Organic Law of the Judiciary of July 25, 1963 (evidence file, pages 4027 to 4084). 22