The attorney for the plaintiff says that this case has the defects of absolute nullity, especially because she was already a judge and expires on June 30 and extending her mandate outside the law.
The appointment of Elsy Dueñas Lovos as a member of the Constitutional District is “absolutely flawed, as the procedure established by law for the election of the judges of the Supreme Court of Justice has been totally and absolutely dispensed with.” A few hours ago, against that electoral process after the dismissal of judges from the constitutional district.
The lawsuit was brought before the Administrative Litigation Chamber of the Supreme Court by Constitutional Attorney Enrique Anaya against the plenary session of the Legislative Assembly that elected Duñas on May 1.
In her claim, Anaya says that the nullity defect has accentuated the fact that Doynias Lovos, as a judge of the court whose term expires on June 30th, cannot extend the mandate for which she was appointed, and this is what the legislation allows. Assembly did.
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This appointment, Anaya says, “is in fact an absolutely unlawful extension, extension or extension of her mandate as a judge.”
The Presidency Council, specifically President Neb Bokil, said that it was not dismissal but rather a “substitution,” but in attorney Anaya’s opinion, this does not apply because there was no vacancy to fill the Constitutional Chamber.
“In any case, the appointment of a license. Dueneas as a judge at SCn / CSJ, cannot exceed the term in which she is elected as a judge, which ends June 30, 2021, but from her appointment as a judge in SCN / CSJ until November 15. 2027, a judge’s term has been unlawfully extended to more than 15 years, ”Anaya says.
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Another argument from Anaya is that Duñas Lovos is not included in the list of 30 candidates sent before the new assembly took office as a result of a legal process, but that there was also no general study in the political committee of the Legislative Assembly or general parliamentary deliberations.
With this appointment, Anaya says, the MPs who elected her have violated the Basic Justice Law, the National Council of Journalists Law, and the Legislative Council’s internal regulations.
Three days earlier, Anaya also filed a lawsuit against the plenary of the Legislative Assembly to appoint three judges in the Constitutional District, namely: Luis Javier Suarez Magania, Hector Nahum Martinez Garcia, and José Angel Perez Chacon.
The plaintiff said, “The appointment is absolutely flawed, because the legal procedure in force for the election of judges of the Supreme Court of Justice, including the Constitutional District, has been completely and completely dispensed with.”