Q COSTA RICA — In a landmark ruling for the Costa Rican legal system, the Constitutional Court (Sala IV) extended the appointments of all substitute magistrates until the legislature appoints the new ones.
In doing so, acting as both judge and party, the constitutional body resolved a writ of amparo (a constitutional protection action) against the Legislative Assembly, putting an end to the opposition of the ruling party, the Partido Pueblo Soberano (PPSO).
The decision will allow the Constitutional Court to carry out its work normally, and cases that could not be resolved due to the recusal of the sitting magistrates will be reviewed and voted on by the substitute magistrates.
By mid-July, at least 120 Costa Ricans were awaiting a court ruling on issues such as medications, pensions, scholarships, and housing, among others.
The appointment process has been under discussion for seven months, and legislators have failed to reach an agreement on eleven occasions.
This is because the ruling party, with a majority (31 legislators), has vetoed the list sent by the Supreme Court of Justice, which, in turn, submitted the same list of 18 candidates twice to appoint nine people. Appointing a full or alternate magistrate requires 38 votes.
However, with the Supreme Court’s decision, the opposition from the PPSO would, in the worst-case scenario, allow the alternates to remain in their positions indefinitely. The initial appointments expired last December.
As of 7:00 p.m., neither the PPSO nor the Presidency (Executive Branch) had commented on the matter.
“As a temporary integration measure, with a view to avoiding the paralysis of the body and only in the most urgent and indispensable cases, as happens when the incumbent magistrates are legally unable to vote on matters in the Constitutional Courtr because they are incapacitated or disqualified, the terms of office of the alternate magistrates of this Court that expired on December 16, 2025, are provisionally extended, until the Legislative Assembly elects the nine alternate magistrates of this Court that correspond to the list sent by the Full Court on October 15, 2025,” the Sala IV said.