National Board of Justice

Last updated
National Board of Justice
Junta Nacional de Justicia
Jnj-perulogo.svg
Agency overview
Formed1995
Jurisdiction Government of Peru
Headquarters Paseo de la República No. 3295 San Isidro, Lima, Peru
Website www.gob.pe/jnj

The National Board of Justice (Spanish: Junta Nacional de Justicia), formerly the National Council of the Magistracy, is an autonomous constitutional institution that is part of the Republic of Peru. Its primary function is to appoint and ratify all judges and prosecutors in the Peruvian justice system as well as to remove those that fail to fulfill their responsibilities.

History

Different systems have been used since independence by the Peruvian government to designate impartial judges and prosecutors. The 1933 Peruvian Constitution set up a system similar to that of Article Three of the United States Constitution which gave the executive branch the power to appoint judges with the ratification of the Senate.

Juan Velasco Alvarado removed most of the judges that served as part of the Supreme Court shortly after coming to power in 1968. [1] A "National Council of Justice" was set up as an autonomous institution not dependent of any of the branches of government. This was done to solve corruption issues within the judiciary branch as well as to prevent politics from infiltrating said branch. [2] The function of the Council was similar to that of the modern National Board of Justice.

The National Council of the Magistrature in the 1979 Constitution

The National Council of the Magistrature was codified as part of the 1979 Peruvian Constitution. The function of the Council was that of screening and proposing judges. Supreme Court Justices were proposed to the President by the Council and then in turn to the Senate which ratified the appointments. [3] Lower court judges were chosen by the Council and then ratified by District Magistrate Councils. [4]

The 1979 Constitution version of the Council was modeled after the Italian High Council of the Judiciary and was similar to other councils in Colombia, Ecuador, Bolivia, and Venezuela. It was composed of seven members who served three year terms. The Prosecutor General presided over the Council while the other six members were two representatives from the Supreme Court, one from the National Federation of Bar Associations of Peru, one from the Lima Bar Association, and two representing Peruvian Law Schools. [4]

The National Council of the Magistrature in the 1993 Constitution

After the 1992 Peruvian constitutional crisis and the adoption of the 1993 Peruvian Constitution, the Council gained greater autonomy and responsibility. The 1993 Peruvian Constitution gave the Council the power of appointing and removing all judges and prosecutors. It also required that all appointees were re-elected or removed from office every seven years. The counselors were no longer members of different governmental organizations and civil institutions that served in an advisory roll. They were now full-time counselors that were chosen by a special body of electors for a five-year term.

2018 scandal and Constitutional Referendum

A series of wiretaps were published by the press starting in July 2018 which recorded counselors speaking with prominent businessmen and judges which showed vast cronyism within the system.

President Martín Vizcarra convened Congress into a special session concerning the removal of all seven counselors on 20 July 2018. Congress removed all seven Counselors by a unanimous vote. The National Council was declared in emergency for nine months a week later. Most of the Council's personnel was dismissed, the Council's organic law was revoked, and all processes being considered by the Council were put on hold.

During his yearly message to Congress, President Vizcarra, called for a new Constitutional amendment which would change the composition of the Council as well as the requirements to become a counselor. He also asked that all appointments and ratification done by the council in recent years be revised.

The Constitutional Amendment proposed by the Executive branch brought down the number of counselors from 7 to 5. It also proposed that counselors would be appointed by a special committee made up of the President of the Judicial Branch, the Prosecutor General, the President of the Constitutional Tribunal, the Ombudsman, and the Comptroller General. Further, Counselors would have to be licensed lawyers with at least 30 years of experience and of good reputation. The President asked that the proposed Constitutional changes be ratified by the people via referendum.

The final amendment as approved by Congress maintained the number of counselors at 7 as well as the composition of the committee as proposed by the Executive branch. The amendment was ratified by the population as the first of four Constitutional amendments voted for in the 2018 Peruvian constitutional referendum. Also, the amendment changed the name of the Council to the National Board of Justice.

Composition

The board is independent of the rest of the Peruvian government and it is ruled by its own organic law. [5] The members of the board are known as counselors and serve for a five-year term and may not be re-elected to a consecutive term. Counselors must be (1) natural-born citizens; (2) an eligible voter; (3) between the ages of 45 and 75 years old; (4) a lawyer with at least 25 years of practice, teaching experience, or 15 years of legal research; (5) free from court convictions; (6) of recognized academic excellence and good moral character. [6]

The board consist of seven members, which are elected by a special committee which is called into session by the Ombudsman six months before the end of the board's term. The members of the special council are the Ombudsman, who presides the committee; the Chief Justice of the Supreme Court; the Prosecutor General; the President of Constitutional Court; the Comptroller General; a dean elected by the deans of all private universities; and a dean elected by the deans of all public universities. [6]

Congress may remove any of the members of the board due to gross misconduct by a two-thirds vote. [7]

Function

The 1993 Peruvian Constitution delineates the board's responsibilities. Its primary function is to appoint and periodically ratify all judges and prosecutors in the Peruvian justice system; as well as to remove those that fail to fulfill their responsibilities. This includes decisions regarding the ascension of judges and prosecutors. In this way, the judiciary branch of the Peruvian government is isolated from political and ideological interference by the other branches of government.

It also elects the head of the National Office of Electoral Processes and the head of the National Registry of Identification and Civil Status which are two of the three institutions in charge of the electoral system and processes.

Judge and prosecutor vacancies are filled through a merit-based public concourse which consist of public hearings, written standardized test, and applications. Counselors are explicitly prohibited of having communication with the candidates as to prevent favoritism and corruption.

Related Research Articles

The politics of the Republic of Peru takes place in a framework of a unitary semi-presidential representative democratic republic, whereby the President of Peru is both head of state and head of government, and of a pluriform multi-party system. Executive power is exercised by the President and the Government. Legislative power is vested in both the Government and the Congress. The Judiciary is independent of the executive and the legislature. The Economist Intelligence Unit rated Peru a "hybrid regime" in 2022.

<span class="mw-page-title-main">President of Peru</span> Head of state and head of government of Peru

The President of Peru, officially called the Constitutional President of the Republic of Peru, is the head of state and head of government of Peru. The president is the head of the executive branch and is the Supreme Head of the Armed Forces and National Police of Peru. The office of president corresponds to the highest magistracy in the country, making the president the highest-ranking public official in Peru.

<span class="mw-page-title-main">Constitution of Spain</span> Principles, institutions and law of political governance in Spain

The Spanish Constitution is the supreme law of the Kingdom of Spain. It was enacted after its approval in a constitutional referendum; it represents the culmination of the Spanish transition to democracy.

<span class="mw-page-title-main">Judicial Yuan</span> Judicial branch of Taiwan

The Judicial Yuan is the judicial branch of the Republic of China. It runs the Constitutional Court and oversees all courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:

<span class="mw-page-title-main">Congress of Colombia</span> Bicameral national legislature of Colombia

The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.

<span class="mw-page-title-main">Supreme Tribunal of Justice (Venezuela)</span> Venezuelan supreme court

The Supreme Justice Tribunal is the highest court of law in the Bolivarian Republic of Venezuela and is the head of the judicial branch. As the independence of the Venezuelan judiciary under the regime of Nicolás Maduro is questioned, there have recently been many disputes as to whether this court is legitimate.

<span class="mw-page-title-main">Constitution of Venezuela</span> Current and 26th constitution of Venezuela

The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers (chavistas) refer to the 1999 document as the "Constitución Bolivariana" because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism.

<span class="mw-page-title-main">Congress of the Republic of Peru</span> Legislative branch of the Peruvian government

The Congress of the Republic of Peru is the unicameral body that assumes legislative power in Peru. Due to broadly interpreted impeachment wording in the Constitution of Peru, the President of Peru can be removed by Congress without cause, effectively making the legislature more powerful than the executive branch. Following a ruling in February 2023 by the Constitutional Court of Peru, the body tasked with interpreting the Constitution of Peru and whose members are directly chosen by Congress, judicial oversight of the legislative body was also removed by the court, essentially giving Congress absolute control of Peru's government. Since the 2021 Peruvian general election, right wing parties held a majority in the legislature. The largest represented leftist party in Congress, Free Peru, has subsequently aligned itself with conservative and Fujimorists parties within Congress due to their institutional power.

The Republic of Peru is a unitary state with a multi-party semi-presidential system. The current government was established by the 1993 Constitution of Peru. The government is composed of three branches, being executive, judicial, and legislative branches.

<span class="mw-page-title-main">Supreme Court of Justice (Portugal)</span> Highest court in Portugal

The Supreme Court of Justice is the highest court of law in Portugal without prejudice to the jurisdiction of the Constitutional Court.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Constitutional Court of Slovenia</span> National constitutional court

The Constitutional Court of Slovenia is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. It is the highest court in the country for reviewing the constitutionality and protection of human rights and fundamental freedoms, otherwise the highest court in the country is the Supreme Court of the Republic of Slovenia. The constitutional court is not part of any branch of government and is an independent state body.

<span class="mw-page-title-main">Supreme Court of Justice of Costa Rica</span>

The Supreme Court of Costa Rica is the court of greater hierarchy of Law and Justice in Costa Rica.

The Constitution of the Philippines is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.

<span class="mw-page-title-main">2010 Turkish constitutional referendum</span>

A constitutional referendum on a number of changes to the constitution was held in Turkey on 12 September 2010. The results showed the majority supported the constitutional amendments, with 58% in favour and 42% against. The changes were aimed at bringing the constitution into compliance with European Union standards. Supporters of Turkish EU membership hope constitutional reform will facilitate the membership process.

<span class="mw-page-title-main">Politics of France</span>

The politics of France take place within the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".

The 2018 Peruvian constitutional referendum was held on December 9, 2018, alongside gubernatorial elections in the second round of voting. Proposed by President Martín Vizcarra, the referendum aimed to tackle widespread political corruption in the country. The referendum sought public approval on four key constitutional reforms: restructuring the National Council of the Magistracy, regulating political party financing, prohibiting the immediate re-election of parliamentarians, and reinstating a bicameral legislative system.

<span class="mw-page-title-main">César Hinostroza</span> Peruvian judge, lawyer and fugitive

César Hinostroza is a Peruvian judge, lawyer, and fugitive who was a judge in the Peruvian Supreme Court from 2 January 2017 until his escape on July 11, 2018, in the midst of the political crisis in Peru. He is known for being involved in the CNM Audios scandal, a corruption scandal which led to his escape. When he escaped on 17 October, he was arrested following a warrant by Interpol, but was provisionally released on April 11, 2019.

<span class="mw-page-title-main">Cuellos Blancos scandal</span>

The Cuellos Blancos scandal or the CNM Audios scandal is a judicial scandal caused by the revelation of audio recordings of judges and their staff, with the most notable individual being Associative Justice of the Supreme Court of Peru César Hinostroza, allegedly discussing bribes and reducing criminal penalties. These judges were part of the National Council of Magistracy. The scandal was revealed by an initiative led by the investigative journalism website IDL-Reporteros, which ultimately collected over 63,000 audio recordings that reportedly unveiled one of the largest corruption networks in Peru's judicial history. Following the scandal, the CNM would be restructured into the National Board of Justice (JNJ).

<span class="mw-page-title-main">Peruvian Public Ministry controversy</span>

An investigation surrounding the Public Ministry of Peru, known as Operation Valkyrie V resulted with a controversy surrounding the Attorney General of Peru, Patricia Benavides, who was alleged to head a criminal organization. The scandal revolved around alleged irregularities with the decisions of electing the Ombudsman of Peru Josué Gutiérrez Cóndor, dismissing former attorney general Zoraida Ávalos and attempts to remove the members of the National Board of Justice (JNJ), all in reported attempts for Benavides to main control of the Public Ministry by nominating allies in judicial positions.

References

  1. Velasco Alvarado, Juan Francisco (1972). Velasco: La voz de la revolucion (in Spanish). Lima, Peru: Ediciones Peisa. p.  234 . Retrieved 6 August 2018.
  2. Pásara, Luis (28 January 2016). "Perú: 45 años de cambios sin mejora". Justicia en las Américas (in European Spanish). Retrieved 7 August 2018.
  3. "CONSTITUCION POLITICA DEL PERU 1979". www4.congreso.gob.pe (in Spanish). Retrieved 5 January 2020.
  4. 1 2 Eguiguren Praeli, Francisco Jose (2001). "El Consejo Nacional de la Magistratura". Derecho & Sociedad (in Spanish). 1 (16). Lima, Peru: 45–57. ISSN   2079-3634 . Retrieved 6 August 2018.
  5. "Peru's Constitution of 1993 with Amendments through 2009" (PDF). Constitute.org. Constitute. p. 40. Retrieved 8 August 2018.
  6. 1 2 "Anexos - Decreto Supremo Nº 101-2018-PCM" (PDF). El Peruano (in Spanish). 14680 (Extraordinary): 2–3. 10 October 2018. Archived from the original (PDF) on 23 November 2018. Retrieved 12 December 2018.
  7. "Peru's Constitution of 1993 with Amendments through 2009" (PDF). Constitute.org. Constitute. p. 42. Retrieved 8 August 2018.