Plurinational State of Bolivia 2009 Constitution

TITLE III. JUDICIAL ORGAN AND PLURI-NATIONALCONSTITUTIONAL COURT

CHAPTER I. General Matters

Article 178

1. The power to impart justice emanates from the Bolivian people and is based on the principles of independence, impartiality, juridical security, publicity, probity, promptness, being free of charge, legal pluralism, being inter-cultural, equity, service to society, citizen participation, social harmony and respect for rights.
2. The guarantees of judicial independence are:
   1. The performance of the judges in accordance with a judicial career.
   2. The budgetary autonomy of the judicial bodies.

Article 179

1. The judicial function is singular. Ordinary jurisdiction is exercised by the Supreme Court of Justice, the departmental courts of justice, the sentencing courts and the judges; the agro-environmental jurisdiction is exercised by the Agro-Environmental Court and judges; and the rural native indigenous jurisdiction is exercised by their own authorities. There shall be specialized jurisdictions regulated by the law.
2. Ordinary jurisdiction and rural native indigenous jurisdiction enjoy equal status.
3. Constitutional justice is imparted by the Pluri-National Constitutional Court (Tribunal Constitucional Plurinacional).
4. The Council of Judges is part of the Judicial Organ (Organo Judicial).

CHAPTER II. Ordinary Jurisdiction

Article 180

1. Ordinary jurisdiction is based on the following procedural principles: application free of charge, publicity, transparency, the right to be heard, promptness, probity, honesty, legality, efficiency, accessibility, immediacy, material truth, due process, and equality of the parties before the judge.
2. The principle of the right to challenge in judicial processes is guaranteed.
3. Ordinary jurisdiction shall not recognize privileges or extraordinary courts. The military jurisdiction shall try the crimes of military nature regulated by the law.

Sole Section. Supreme Court of Justice

Article 181

The Supreme Court of Justice is the highest court of ordinary jurisdiction. It is made up of Magistrates. It is internally organized into specialized chambers. Their composition and organization shall be determined by law.

Article 182

1. The Magistrates of the Supreme Court of Justice shall be elected by universal suffrage.
2. The Pluri-National Legislative Assembly, by two-thirds of the members present, shall determine the pre-selection of the candidates for each department and shall send the names of those selected to the electoral body so that it may organize the sole and exclusive electoral process.
3. No candidate or any other person shall make an electoral campaign in favor of the candidacies, under penalty of their being stricken. The Electoral Organ is the only entity responsible for publicizing the merits of the candidates.
4. The magistrates may not belong to political organizations.
5. The candidates that obtain a simple majority of the votes shall be elected. The President of the State shall administer the oath of office.
6. In order to become a Magistrate of the Supreme Court of Justice one must meet the following requirements: satisfy the general requisites established for public servants; be thirty years of age; have a law degree; have honestly and ethically performed judicial functions, practiced as a lawyer or have been a university professor for eight years; and not have been sanctioned with dismissal by the Council of Magistrates. The determination of merit shall take into account performance as a native authority under its system of justice.
7. The system of prohibitions and incompatibilities applied to Magistrates of the Supreme Court of Justice shall be the same as that applied to public servants.

Article 183

1. The Magistrates may not be re-elected. The period of their mandate shall be six years.
2. The Magistrates of the Supreme Court of Justice shall cease in their functions upon completion of their mandate, imposition of a final sentence arising from a trial of responsibilities, resignation, death and other causes set forth in the law.

Article 184

The following are the attributes of the Supreme Court of Justice, in addition to those provided by law:

1. To act as the court of cassation and hear appeals of nullity in cases expressly provided for by law.
2. To resolve conflicts of competencies arising among the departmental courts of justice.
3. To hear, resolve and request, as the sole instance, the processes of extradition.
4. To try, in plenary as a collegial court and as the sole instance, the President of the State, or the Vice President of the State, for crimes committed in the performance of their mandate. The trial shall be undertaken upon prior authorization of the Pluri-National Legislative Assembly, by a vote of at least two-thirds of the members present, and a request supported by the Prosecutor or the Attorney General of the State who shall formulate the accusation if he believes that the investigation provides the basis for trial. The process shall be oral, public, continuous and uninterrupted. The law shall determine the procedure.
5. To designate the voting judges of the departmental courts of justice, from the lists presented by the Council of Magistrates.
6. To prepare proposed judicial laws and present them to the Pluri-National Legislative Assembly.
7. To hear and resolve cases of extraordinary review of sentences.

Article 185

The judicial functions of the Supreme Court of Justice shall be exercised in an exclusive manner.

CHAPTER III. Agro-Environmental Jurisdiction

Article 186

The Agro-Environmental Court (Tribunal Agroambiental) is the highest court specialized in agro-environmental jurisdiction. It is governed specifically by the principles of social benefit, comprehensiveness, immediacy, sustainability and being inter-cultural.

Article 187

To be elected Magistrate of the Agro-Environmental Court, one must meet the same requirements as those for members of the Supreme Court of Justice, in addition to the following: have expertise in these matters and have performed well, ethically and honestly as an agrarian judge; have practiced law or have been a university professor in the subject matter for a period of eight years. In the pre-selection of candidates, pluralistic composition shall be guaranteed by considering the criteria of pluri-nationality.

Article 188

1. The Magistrates of the Agro-Environmental Court shall be elected by universal suffrage, pursuant to the procedures, mechanisms and formalities for the members of the Supreme Court of Justice.
2. The system of prohibitions and incompatibilities applicable to the Magistrates of the Agro-Environmental Court shall be those that are applied to public servants.
3. The term of the performance, permanence and cessation of the position that is established for Magistrates of the Supreme Court of Justice (Tribunal Supremo de Justicia) shall be applied to the members of the Agro-Environmental Court.

Article 189

The following are the attributes of the Agro-Environmental Court, in addition to those set forth in the law:

1. To resolve appeals of cassation and nullity in actions involving agrarian real estate, forestry, environmental, water, rights of use and enjoyment of natural renewable, hydraulic, and forest resources, and biodiversity; and to resolve complaints involving practices that endanger the ecological system and the conservation of species or animals.
2. To hear and resolve, as the sole instance, the complaints of nullity and cancellation of titles.
3. To hear and resolve, as the sole instance, the cases brought against the State resulting from contracts, negotiations, authorizations, licenses, distribution and redistribution of rights of exploitation of natural renewable resources, and other acts and administrative resolutions.
4. To organize the agro-environmental courts.

CHAPTER IV. Rural Native Indigenous Jurisdiction

Article 190

1. The nations and native indigenous rural peoples shall exercise their jurisdictional functions and competency through their authorities, and shall apply their own principles, cultural values, norms and procedures.
2. The rural native indigenous jurisdiction respects the right to life, the right to defense and other rights and guarantees established in this Constitution.

Article 191

1. The rural native indigenous jurisdiction is based on the specific connection between the persons who are members of the respective nation or rural native indigenous people.
2. The rural native indigenous jurisdiction is exercised in the following areas of personal, material and territorial legal effect:
   1. Members of the nation or rural native indigenous people are subject to this jurisdiction whether they act as plaintiffs or defendants, claimants or accusers, whether they are persons who are denounced or accused, or are appellants or respondents.
   2. This jurisdiction hears rural native indigenous matters pursuant to that established in a law of Jurisdictional Demarcation.
   3. This jurisdiction applies to the relations and juridical acts that are carried out, or the effects of which are produced, within the jurisdiction of a rural native indigenous people.

Article 192

1. Each public authority or person shall obey the decisions of the rural native indigenous jurisdiction.
2. To secure compliance with the decisions of the rural native indigenous jurisdiction, its authorities may request the support of the competent bodies of the State.
3. The State shall promote and strengthen rural native indigenous justice. The law of Jurisdictional Demarcation shall determine the mechanisms of coordination and cooperation between rural native indigenous jurisdiction and ordinary jurisdiction and agro-environmental jurisdiction and all the recognized constitutional jurisdictions.

CHAPTER V. Council of Ministers of Justice

Article 193

1. The Council of Ministers of Justice is the instance responsible for the following: the disciplinary regime for the ordinary, agro-environmental and the specialized jurisdictions; the monitoring and supervision of their administrative and financial management; and the formulation of procedural policies. The Council of Ministers of Justice shall be governed by the principle of citizen participation.
2. Its formation, structure and functions are determined by the law.

Article 194

1. The members of the Council of Ministers of Justice shall be elected by universal vote from among the candidates proposed by the Pluri-National Legislative Assembly. The Pluri-National Electoral Organ shall be in charge of the organization and implementation of the electoral process.
2. In addition to the general conditions necessary to enter public service, the members of the Council of Ministers of Justice shall be thirty years old, possess knowledge of the material under their jurisdiction, and have performed their duties ethically and honestly.
3. The members of the Council of Ministers of Justice shall remain in their posts for six years and may not be re-elected.

Article 195

The powers of the Council of Ministers of Justice, in addition to those established in the Constitution and the laws, are the following:

1. To initiate the revocation of the mandate of Judges of the Supreme Court of Justice and of the Agro-environmental Court, when they commit serious omissions in the exercise of their duties as determined by law.
2. To exercise disciplinary control over the voting judges and the auxiliary administrative personnel of the Judicial Organ. The exercise of this authority shall include the possibility of removal from their post for serious disciplinary infractions, which are expressly established by law.
3. To monitor and oversee the economic financial administration and assets of the Judicial Organ.
4. To evaluate the performance of the administrators and the administrators of justice and auxiliary personnel.
5. To draft judicial audits and the audits of financial management.
6. To undertake technical and statistical studies.
7. To make the pre-selection of candidates for the formation of courts of justice of the departments who will be designated by the Supreme Court of Justice.
8. To designate the trial judges and judges of instruction, through a process of competitive evaluation of merit and examination of competency.
9. To designate its administrative personnel.

CHAPTER VI. Pluri-National Constitutional Court

Article 196

1. The Pluri-National Constitutional Court (Tribunal Constitucional Plurinacional) assures the supremacy of the Constitution, exercises constitutional control, and safeguards respect for and enforcement of constitutional rights and guarantees.
2. As criteria to be applied in its interpretive role, the Pluri-National Constitutional Court shall give preference to the intent of the constituent assembly as demonstrated in its documents, acts and resolutions, as well as the literal tenor of the text.

Article 197

1. The Pluri-National Constitutional Court shall consist of Judges elected on the basis of pluri-nationality, with representation from the ordinary system and the rural native indigenous system.
2. The substitute Judges of the Pluri-National Constitutional Court shall not receive remuneration, and shall assume functions only in the case of the absence of the titled Judge or for other reasons established by law.
3. The composition, organization and functions of the Pluri-National Constitutional Court shall be regulated by law.

Article 198

The Judges of the Pluri-National Constitutional Court shall be elected by universal suffrage, pursuant to the procedure, mechanism and formalities used for the election of the members of the Supreme Court of Judges.

Article 199

1. To become a Judge of the Pluri-National Constitutional Court, in addition to the general requisites to become a public servant, one must be thirty five years of age and have specialized or credited experience of at least eight years in the disciplines of Constitutional law, Administrative law or Human Rights law. For purposes of determining merit, experience as a native authority under its system of justice shall be taken into account.
2. The candidates for the Pluri-National Constitutional Court shall be proposed by organizations of civil society and the nations and rural native indigenous peoples.

Article 200

The time of service, permanence and removal from office established for the Judges of the Supreme Court of Justice shall be applied to the members of the Pluri-National Constitutional Court.

Article 201

The Judges of that Pluri-National Constitutional Court shall be governed by the same system of prohibitions and incompatibilities as applied to public servants.

Article 202

In addition to those established by law, the powers of the Pluri-National Constitutional Court, are to hear and resolve the following:

1. As the court of jurisdiction in the matters of pure law concerning the unconstitutionality of laws, Autonomous Statutes, Constitutional Charters, decrees and every type of ordinance and non-judicial resolution. If the case is of abstract character, only the President of the Republic, Senators, Deputies, Legislators and the maximum authorities of the autonomous territorial entities may present it to the court.
2. The conflicts of jurisdiction and powers among the organs of popular power.
3. The conflicts of jurisdiction between the Pluri-National government and the autonomous and decentralized territorial entities, and between the latter.
4. The appeals of fees, taxes, rates, licenses, rights or contributions that are created, modified or suppressed in violation of that set forth in the Constitution.
5. The appeals of resolutions of the Legislative Organ, when its resolutions affect one or more rights, regardless of who might be affected.
6. The review of the actions of Liberty, Constitutional Protection, Protection of Privacy, Popular actions and those for Compliance. This review shall not impede the immediate and obligatory application of the resolution that decided the action.
7. The legal consultations of the President of the Republic, of the Pluri-National Legislative Assembly, the Supreme Court of Justice or the Agro-Environmental Court on the constitutionality of proposed bills. It is obligatory to comply with the decision of the Constitutional Court.
8. The legal consultations of the rural native indigenous authorities on the application of their juridical norms as applied in a concrete case. Compliance with the decision of the Constitutional Court is obligatory.
9. The review of the constitutionality of international treaties prior to their ratification.
10. The constitutionality of the procedure of partial reform of the Constitution.
11. The conflicts of authority between the rural native indigenous jurisdiction and ordinary and agro-environmental jurisdiction.
12. The direct appeals of nullity.

Article 203

The decisions and sentences of the Pluri-National Constitutional Court are binding and of obligatory compliance, and no subsequent ordinary appeal of them is allowed.

Article 204

The law shall determine the procedures that govern the processes brought before the Pluri-National Constitutional Court.