the mandate of all the justices of the Supreme Court of Justice.141 This resolution was
adopted by 52 votes in favor and three against.142 The same resolution appointed the new
justices of the Supreme Court of Justice.
98.
Immediately after adopting the resolution and, even though it was not on the
agenda, a motion was tabled on the amendment of the Constitution so that Congress would
again have competence to impeach the members of the Supreme Court of Justice.143 This
motion was adopted by 34 votes in favor.144 The third and last item on the agenda, relating
to the Organic Law on Elections was then discussed. 145 The session concluded at 12.40 a.m.
next day.146
D.
The Constitutional Tribunal’s decision on the inadmissibility of actions for
amparo against decisions of Congress
99.
On December 2, 2004, one day after the National Congress had been unable to
adopt several motions of censure on the removal of the members of the Constitutional
Tribunal in the context of the impeachment proceedings (supra paras. 87 and 88), the new
Constitutional Tribunal appointed on November 25, 2004, issued a decision in response to a
request from the President of the Republic “to prevent the judges of the domestic courts
from admitting for processing actions for constitutional amparo against Parliamentary
Resolution R-25-160, adopted by the […] National Congress on November 25, 2004.”147 In
this regard, the Constitutional Tribunal decided:
To establish that, in order to suspend the effects of a parliamentary resolution, including No. 25-160,
adopted by the National Congress on November 25, 2004, for supposed violation of the Constitution,
in substance and form, the only admissible action is the action on unconstitutionality that must be
filed before the Constitutional Tribunal, pursuant to the ruling of the Supreme Court of Justice of
June 27, 2001, published in Official Gazette No. 378 of July 27 that year; and, that any remedy of
amparo that may be filed in the country’s courts related to the said resolution must be reject outright
by the judges and not admitted, because, to the contrary, they would be hearing a case contrary to
an explicit law and this would entail the corresponding judicial actions.148
100. The ruling of the Supreme Court of Justice of June 27, 2001, referred to in the
decision of the Constitutional Tribunal of December 2, 2004, was a ruling clarifying the
criteria applicable to constitutional protection.149 The Constitutional Tribunal’s decision of
December 2, 2004, cites article 2(a) of the said ruling of the Supreme Court of Justice that
indicated:
141
811).
142
811).
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 810 and
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 810 and
143
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 822).
144
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 822).
145
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folios 822 to 835).
146
Cf. National Congress Record No. 24-001-IV of December 8, 2004 (merits file, tome II, folio 835).
147
Cf. Ruling of the Constitutional Tribunal of December 2, 2004 (file of annexes to the report, tome III, folio
1058).
148
1059).
Cf. Ruling of the Constitutional Court of December 2, 2004 (file of annexes to the report, tome III, folio
149
Cf. Ruling of the Supreme Court of Justice of June 27, 2001 (file of annexes to the report, tome III, folios
1068 to 1071).
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