Today: November 19, 2024
June 28, 2022
3 mins read

Notes for Judicial Reform

The nonsense of the spokesman

The power of the ruler must have limits, and both the Judicial Body and the Constitutional Court are the ones who should stop when he wants to violate the Law, since when power grows, naturally the rights and guarantees of people decrease.

Let’s be realistic: excessive bureaucracy and work overload in the administration of justice are the perfect breeding ground for corruption, and we also have to submit to the whim of political power. So, it is necessary to take action to change this system.

Judicial authorities are required whose designation no longer depends on political power, since they will respond to it and not to the Law or to the people; In this framework, the elections of magistrates of the Judicial Branch and Constitutional Court are planned for 2023, which, if held under current conditions, will consolidate the current judicial system.

A judge must have management by results, and this is not only measured by the number of sentences handed down, but by how many of them are challenged, how many complaints of malfeasance that judge had, how much procedural burden he received from the predecessor and his management, and , above all, meritocracy in order to determine whether or not to continue in office.

Time is something we cannot lie about, since a judicial reform should be carried out, optimistically, in a period of two to three years; For this, actors throughout the country must be summoned, to the Faculties of Law, to the best students of the Career, to the various sectors affected by the delay in justice, and this to be carried out in all corners of the country. Meetings of friends and/or related parties under the pretext of “summits” do not work.

Money is something elemental for the reform of a State Organ, including funds for a referendum that modifies the Political Constitution of the State. Without this popular consultation with prior minimum agreements reached, there will be no effective result.

However, a Judicial Reform must go hand in hand with the reform of the Penitentiary System since both are two sides of the same coin.

Do not forget that the administration of justice works with the National Police and the Public Ministry (Prosecutor’s Office). So, all judicial reform must go hand in hand with modernization and reform in those mentioned. Likewise, the massive promotion of Alternative Conflict Resolution Methods is urgently needed so that justice is not a bottleneck with cases that can be resolved in other instances and with the same legal value.

We must be honest in saying that a structural and deep reform of the judicial system is required, and not patchwork solutions.



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