Today Néster Vásquez assumes the presidency of the Constitutional Court (CC); the fourth term of the five that correspond to the present magistracy.
The magistrate receives a CC in the middle of a Cortes renewal process, where some sectors have already warned that he could play a fundamental role.
Although an in-person interview was requested, the magistrate agreed to respond in writing to an interview for Prensa Libre, where the importance of Constitutional Law and the role that the CC has played in the last electoral process was addressed.
Now that he is about to assume the presidency of the highest court. What are your priorities in Court?
Comply with the constitutional mandate that has been entrusted to me, such as seeking the defense of the constitutional order. Likewise, I will ensure the independence of the Court, as a fundamental principle of the State.
Compliance with the 2022-2027 Institutional Strategic Plan will also be ensured, through which it seeks to bring constitutional justice closer to the entire population, and strengthen the Gazette and Jurisprudence Unit to publicize the jurisprudence search system so that The criteria issued by the Court are available to everyone. During my administration, efforts will be made to disseminate the criteria issued by the Court.
What are those challenges that you have faced as constitutional magistrates and what could be those upcoming challenges, now that you will be the president of the Court?
This magistracy has always sought to ensure compliance with the Political Constitution of the Republic of Guatemala. Consequently, it is public knowledge that the recent electoral process represented an opportunity to guarantee the principle of alternation of power established in the Constitution. Regardless of the cases that come before us, our priority will always be to preserve the constitutional order.
Has the current judiciary fulfilled that commitment to protect the Political Constitution of the Republic of Guatemala?
Definitely yes, as a collegiate body our resolutions are always issued impartially, objectively and with full compliance with the Political Constitution of the Republic of Guatemala.
How do you assess the role of the current Constitutional Court in the 2023 electoral process?
As I expressed previously, the Constitutional Court is exclusively responsible for matters relating to constitutional justice. As such, during the 2023 electoral process, the Constitutional Court ensured at all times that the principles enshrined in the Political Constitution of the
Republic of Guatemala, as is the principle of alternation of power, were respected. The Constitutional Court ensured and guaranteed respect for the suffrage of the Guatemalan population.
How easy or complex was it to reach agreements within the Plenary when accepting or rejecting candidacies for elected positions?
The Electoral and Political Parties Law, Decree Number 1-85 of the National Constituent Assembly, determines that the Supreme Electoral Tribunal is the institution responsible for accepting or rejecting registrations to run for popularly elected positions.
As I mentioned previously, the Constitutional Court only hears those issues related to constitutional justice. Regardless of this, I wish to specify that the issuance of reasoned or dissenting votes strengthens the democratic nature of the Court.
In the 2023 electoral process there was an investigation that even touched the electoral boxes and the electoral roll. The case reached the CC through a protection from the TSE. How did you analyze this unprecedented case within the Plenary?
It was known like all the actions, and was proceeded as established by the Political Constitution of the Republic of Guatemala and the Law on the matter.
The TSE judges also lost their immunity and requested protections before the CC that have not been definitively resolved. Why were those legal actions delayed?
All actions presented in this Court follow the same procedure without any distinction. Definitively resolving an amparo entails compliance with due process, which in no way can be interpreted as a delay in legal actions.
Do you think the CC respected elections, democracy and the right to elect and be elected?
As I stated, the Constitutional Court guaranteed the principle of alternation of power and suffrage of Guatemalans.
This year the CSJ is renewed. We are coming from a process with a negative precedent because the renewal took four years. How did this delay in the renewal of powers affect the justice sector?
The Judiciary, to provide enforceability to the ruling issued by the Seventh Judiciary, in use of its power of Official Execution ordered the Congress of the Republic to include the election of Cortes on the agenda, as well as to conclude the election process, this by virtue of the fact that Congress had not reached sufficient consensus to conclude the respective procedure to integrate said Cortes.
Consequently, we hope that this year’s election of Cortes will take place within the framework of what the Law establishes.
The CC finally cleared the route and they managed to get Congress to elect magistrates. Why did they do it late?
As I stated, the Eighth Judiciary of the Constitutional Court, in use of its ex officio Execution power, ordered the Congress of the Republic to include the election of Cortes on the agenda, as well as to conclude the election process, this by virtue of the fact that the Congress sufficient consensus had not been reached to conclude the respective procedure to integrate them.
Consequently, the Constitutional Court acted at the time to make the ruling issued by the Seventh Magistracy on May 6, 2020 enforceable.
What will be the main challenge you see so that the CSJ election does not generate the same doubts as the previous process?
I consider that it is an issue that falls exclusively to the Nomination Commissions and the Congress of the Republic of Guatemala.
As a constitutional magistrate and future president of the Court. What do you think are those issues that should not be legislated because they could violate the Constitution? Abortion, euthanasia, same-sex marriage?
The Political Constitution of the Republic of Guatemala is clear and establishes the rights and obligations of Guatemalans, therefore, our role as constitutional judges is to comply and ensure that it is fulfilled.
How do you rate the use of amparo in the Constitutional Court?
The amparo action is regulated within our legal system. It has been evident, in some cases, that the principles that govern this action are unknown and therefore, when presented before the Constitutional Court, they are pre-empted or rejected. It must be clear that to present a constitutional action for protection, the principle of finality must be exhausted, among other principles, and that is when the Court is empowered to hear it.
We will continue to resolve the cases that are brought to our attention, with strict adherence to the law, and above all, ensuring that the human rights of the population are respected at all times.
How transparent will the Constitutional Court be with the public and the press in your management as president?
The Constitutional Court, as guarantor of the constitutional order, will always be transparent.
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