Court of Justice of Lima. 69 On March 21, 2003, the Third Civil Chamber declared resolution No. 1 of December 5, 2002, void and ordered the issuance of a new order. The order of the Third Civil Chamber was not favorable on the merits. 70 87. Mr. Cuya Lavy filed an extraordinary appeal before the Constitutional Court and on July 15, 2003, in File No. 01525-2003-AA / TC, the Second Chamber of that court declared the amparo action unfounded, since the ratification function exercised by the CNM "may exceptionally be reviewed in the cases of irregular exercise" and in the case of the alleged victim "there are no objective reasons that suggest considering that such a situation has arisen." 71 It added that: […] The right to remain in office is not chronologically infinite or until a certain age is reached, but is fixed in time; that is, for 7 years, after which the tenure in the service is subject to the condition that the evaluated person is ratified […] […] Non-ratification constitutes a vote of no confidence in the manner in which the magistrate fulfilled the role for which they were appointed for 7 years […] is based on a set of indications that, in the opinion of the Board of Directors of the CNM, make it inconvenient to renew trust for the exercise of the position. [...]one that is built [...] from a conviction of conscience expressed in a secret ballot, although supported by certain criteria (cf. The Organic Law of the CNM and its Regulations); however, it does not involve the idea of a sanction, but only the withdrawal of confidence in the exercise of the position. […] [T]he decision taken in the exercise of said competence does not need to be substantiated. B.2 Regarding Walter Antonio Valenzuela Cerna 88. Mr. Walter Valenzuela was appointed as Judge of the Third Small Claims Court of the Surco and Surquillo Districts on December 11, 1984. 72 He effectively entered the judicial profession on January 10, 1985 and performed various functions throughout his career. On October 6, 1994, he was appointed as Specialized Civil Judge of the Judicial District of Lima. 73 For the evaluation procedure, the Regulation for the Evaluation and Ratification Process of Judges of the Judiciary and Prosecutors of the Public Prosecution Service, approved by Resolution 241-2002-CNM of April 13, 2002, was applied. 89. On May 30, 2002, the Plenary of the CNM agreed to start the individual evaluation and ratification processes and summoned the alleged victim, through Summons No. 002-2002-CNM. 74 On June 20, 2002, Mr. Valenzuela filed an appeal for constitutional protection against the CNM, requesting that the Agreement of the CNM Plenary be declared inapplicable in the section that summons him to the evaluation and ratification process in his position after having completed 7 years of entering the judicial profession, and that his acquired labor rights were being infringed, given he entered the judicial position under the validity of the 1979 Constitution which did not consider said process and that guaranteed his tenure until the age of 70, which affects the principle of non-retroactivity of the Law as the 1993 Constitution and Organic Law of the CNM No. 26397 75 have been applied retroactively. The evaluation and ratification process continued in his absence, as he did not appear for the call. 69 Cf. Resolution No. 2 of the Specialized Civil Judge of Lima of file No. 2002-54661 of December 17, 2002 (evidence file, f. 2212). 70 Cf. Resolution of the Third Chamber of the Supreme Court of Lima issued, in file No. 19-2003, of March 21, 2003 (evidence file, fs. 2220 to 2222). 71 Cf. Judgment of the Second Chamber of the Constitutional Court issued, in file No. 1525-2003-AA/TC, of July 15, 2003 (evidence file, fs. 20 to 25). 72 Cf. Supreme Resolution No. 471-84-JUS of title of appointment as Judge of the Third Magistrates Court of the Districts of Surco and Surquillo of Mr. Valenzuela Cerna issued by the President of the Republic, of December 11, 1984 (file evidence, pages 1791 and 1792). 73 Cf. Resolution No. 10 of the title of appointment as Specialized Civil Judge of the District of Lima issued by the Jury of Honor of the Judiciary, of October 6, 1994 (evidence file, f. 2647). 74 Cf. Summons No. 002-2002-CNM issued by the National Council of the Judiciary, on May 30, 2002, the summons was agreed upon and was published in the Official Gazette El Peruano on June 1, 2002 (evidence file, f 1796). 75 Cf. Application for constitutional amparo filed by Mr. Valenzuela Cerna on June 20, 2002 (evidence file, pages 1806 to 1816). 24