OAS Mission for the Strengthening of Democratic Institutional Frameworks in Guatemala Calls on the Constitutional Court to Ensure Implementation of Its Own Rulings

Press Release

OAS Mission for the Strengthening of Democratic Institutional Frameworks in Guatemala Calls on the Constitutional Court to Ensure Implementation of Its Own Rulings

The Special Mission of the Organization of American States (OAS) for the Strengthening of Democratic Institutional Frameworks in Guatemala calls on the Constitutional Court (CC) to ensure the immediate and effective execution of the ruling issued on February 13, 2025, by which the CC upheld an injunction ordering the University Superior Council (CSU) of the University of San Carlos of Guatemala (USCG) to urgently convene-within five days after the ruling becomes final-the election of CSU members whose term in the office for which they were elected has expired.

The Mission highlights that, in this decision, the CC confirmed the first-instance ruling issued by the First Chamber of the Administrative Contentious Court, which granted the injunction petition. The ruling established: "to order the University Superior Council of the University of San Carlos of Guatemala, urgently and within five days after this ruling becomes final, to convene the election of the members of the University Superior Council whose term in the exercise of the office for which they were elected has expired." For these purposes, a period of "ten days" was established for the CSU to comply with the order and report compliance to that Court.

In its recent statements, the Mission has pointed out that the timely regularization of the USCG's CSU is indispensable to preserve the legality, legitimacy, and legal certainty of the appointment process for which it is responsible, namely the designation of one principal justice and one alternate justice of the CC. In this regard, the exclusion of duly elected authorities or the incomplete composition of the electoral body increases the risk of subsequent challenges and disputes, with institutional consequences.

The Mission underscores that the Constitutional State governed by the rule of law requires the effective and timely compliance with judicial rulings and decisions issued by competent courts and tribunals. In particular, it notes that it is incumbent upon the CC, as the highest constitutional court, to ensure that its decisions produce their proper legal effects and do not remain unheeded, without fulfilling their practical purpose of timely and effectively restoring the infringed legal situations whose remedy has been ordered.

Therefore, the Mission urges the CC to act in strict accordance with what has already been resolved in its ruling and to ensure its immediate execution, using the mechanisms provided for in the legal system to guarantee compliance by the obligated authorities, in accordance with the principle of constitutional supremacy and the provisions of Guatemalan law.

In view of the upcoming integration of the CC, the persistence of noncompliance or delays in the execution of its ruling related to the regular composition of the USCG's CSU affects this process and erodes the foundations of legality and integrity upon which it must be based.

The Special Mission emphasizes that, if the inaction of the authorities responsible for ensuring compliance with the CC's own ruling continues and what was decided in this matter is not implemented, institutional and democratic responsibilities could arise. For this reason, the Mission will continue to monitor the development of these events and urges all actors to act responsibly, with respect for the constitutional order and a commitment to public trust.

Reference: E-013/26