CHAPTER 11
JUDICIAL POWER
Article 73 — Judicial Power
Judicial power in the Republic is exercised exclusively by courts established by the Constitution and constitutional law.
No extraordinary, special, ad hoc, emergency, or politically created courts may be established.
Judicial power is independent from the legislative and executive branches and shall be exercised only on the basis of the Constitution, laws, and the principles of justice.
Judicial decisions are binding throughout the territory of the Republic. Failure of any state body, official, or private party to comply with a final court decision constitutes a grave constitutional violation. The court that issued the decision may impose compliance measures including fines, administrative sanctions, and referral to the Prosecutor General for criminal prosecution.
Article 74 — Principles of Justice
Justice shall be administered in the name of the Republic and on behalf of the people under the Constitution.
Courts shall be guided by: a) independence; b) impartiality; c) legality; d) equality of parties; e) adversarial procedure; f) publicity of proceedings; g) reasoned judgments; h) proportionality; i) effective judicial protection.
Any person has the right to have their case heard within a reasonable time by a competent, independent, and impartial court established by law. Constitutional law shall establish maximum timeframes for each category of case. Systematic failure to meet these timeframes shall constitute a violation of this Constitution and shall entitle affected parties to compensation.
Article 75 — Structure of the Judicial System
The judicial system shall consist of: a) local courts of first instance; b) appellate courts; c) specialized courts; d) the Supreme Court; e) the Constitutional Court.
Specialized courts may include administrative, commercial, labor, tax, family, juvenile, and other courts established by constitutional law.
Specialized courts form part of the unified judicial system and are subject to the same guarantees of independence and due process.
Jurisdiction, territorial organization, and procedural law shall be established by constitutional law and ordinary law consistent with this Constitution.
Article 76 — Access to Justice
Everyone has the right to judicial protection of rights and freedoms.
Justice shall be accessible, affordable, understandable, and technologically available throughout the Republic.
The state shall ensure: a) legal aid for persons lacking sufficient means, as defined by constitutional law which shall establish an objective means test and a publicly funded legal aid system; b) physical and digital access to courts throughout the territory of the Republic; c) interpretation and translation where necessary to ensure effective participation in proceedings; d) accommodations for persons with disabilities.
No person may be denied access to court by excessive fees, arbitrary procedure, or administrative obstruction.
Article 77 — Judicial Independence
Judges are independent and subject only to the Constitution and law.
Any interference with the administration of justice is prohibited.
Judges may not receive instructions from any person, body, officeholder, political party, business entity, security service, or foreign source.
Legislation on the judiciary shall be interpreted in favor of judicial independence where doubt exists.
The state shall provide courts with sufficient institutional, financial, digital, and administrative resources to guarantee effective independence. The annual budget allocated to the judiciary shall not be reduced in real value below the preceding year’s level without a two-thirds majority vote of the Lower House. The salaries and benefits of judges may not be reduced during their term of office.
Article 78 — Irremovability and Security of Tenure
Judges shall enjoy security of tenure under the conditions established by this Constitution and constitutional law.
A judge may be removed, suspended, transferred against their will, or disciplined only on the following grounds: a) serious professional misconduct incompatible with judicial office; b) final criminal conviction by a court of competent jurisdiction; c) permanent physical or mental incapacity certified by an independent medical panel; d) grave ethical violation established by the Judicial Governance Body; e) violation of the incompatibility requirements of Article 80. In all cases, removal or discipline shall be through an independent procedure with the right to be heard and to challenge the decision before a competent judicial body.
Judicial tenure shall not be dependent on political confidence, executive approval, party loyalty, or ideological conformity.
Article 79 — Appointment of Judges
Judges of ordinary and specialized courts shall be appointed in a manner that guarantees merit, independence, transparency, and public trust.
Judicial appointments shall be based on: a) legal competence; b) professional experience; c) integrity; d) independence of judgment; e) public transparency of selection criteria.
Candidates for judicial appointment must have at least seven (7) years of professional legal experience as a judge, prosecutor, advocate, legal academic, or senior legal official. Constitutional law may establish higher experience requirements for appellate and Supreme Court judges.
The detailed appointment procedure shall be established by constitutional law and shall vest primary authority in the independent Judicial Governance Body established under Article 84 of this Constitution.
No single political institution may monopolize judicial appointments. Appointments made in violation of this principle are void and subject to annulment by the Constitutional Court.
Article 80 — Incompatibilities and Integrity of Judges
A judge may not: a) be a member of a political party; b) hold elected office; c) perform entrepreneurial activity; d) occupy another paid public or private position except teaching, scientific, or creative activity compatible with judicial office; e) serve in the armed forces, police, or intelligence services.
Judges shall publicly disclose their assets, liabilities, income, conflicts of interest, and other information required by constitutional law within sixty (60) days of appointment and annually thereafter within thirty (30) days of the end of each calendar year. Disclosures shall be published on the official judicial transparency portal.
Judges shall avoid conduct that compromises judicial independence or public trust. The Judicial Governance Body established under Article 84 shall monitor compliance and may initiate disciplinary proceedings.
Article 81 — Publicity of Proceedings
Court proceedings shall be public unless closure is strictly necessary to protect: a) minors; b) private life; c) legally protected secrets; d) narrowly defined national security interests.
Any decision to close proceedings must be reasoned, proportionate, and subject to review.
Judgments shall be pronounced publicly and published in full in accessible digital form within thirty (30) days of pronouncement. Redactions are permitted only where strictly required by law to protect minors, national security secrets, or personal data, and shall be noted in the published text. All judgments shall be searchable in a public judicial database.
Article 82 — Judicial Review of Administrative Action
Every administrative act affecting rights, freedoms, duties, or legitimate interests shall be subject to review by an independent court.
Administrative justice shall include the power to: a) annul unlawful acts; b) compel lawful action; c) prohibit unlawful action; d) award remedies as provided by law.
No executive act, law, or administrative regulation may exclude any category of administrative decision from judicial review. Any purported exclusion is void. The Constitutional Court shall annul such exclusions upon application.