HomeArchiveSandinistas Revive 1987 Constitution to Justify ‘Legality’ of Controversial Decree

Sandinistas Revive 1987 Constitution to Justify ‘Legality’ of Controversial Decree

In what’s being called a “desperate attempt” by the Sandinista Front to justify President Daniel Ortega’s controversial decree to extend term limits for 25 top officials, Sandinista legislative leader Rene Núñez this week said he discovered an old law on the books that allows magistrates to remain at their posts even after their term limits expire (see separate story, page N2).

Dusting off the old 1987 constitution (which was reformed in 1995), Núñez pointed to Law 201, which says magistrates of the Supreme Court, Supreme Electoral Council, Controller General’s Office and other institutions can remain in office until the National Assembly appoints new authorities. The Sandinistas claim Núñez’s discovery gives further legitimacy to Ortega’s controversial decree in January, which essentially says the same thing.

The opposition, however, says both are invalid. Ortega’s decree, legal analysts claim, was a clear violation of separation of powers by usurping authority given to the legislative branch (NT Jan. 15). And the law that Núñez allegedly “discovered” this week was a temporary measure that expired 20 years ago, according to constitutional analysts.

Lawyer Carlos Tünnermann said the Sandinistas’ argument is “absolutely absurd” and just shows “the desperation of Ortega and those around him to perpetuate themselves in power.”

Ortega, who wields enormous control over the electoral and judicial branches of government, wants to keep his “dream team” together heading into the 2011 presidential elections, even though many of the magistrates’ terms expire this year.

But the wheels started to fall off Ortega’s plan when opposition magistrates in the Comptroller General’s Office and Supreme Electoral Commission failed to recognize the legality of the presidential decree extending their terms. Several have already left their jobs, leaving the posts vacant.

With the National Assembly gridlocked and unable to elect new magistrates, the Sandinistas had to turn back the clock to 1987 to find a previous law that justifies the continuance of officials whose time is up.

“The Sandinistas have no legal arguments,” said former Supreme Court president Alejandro Serrano. “This government is no longer legal or legitimate.”

Trending Now

Cristiano Ronaldo Announces Portugal Retirement at 41

Portuguese football legend Cristiano Ronaldo announced on Thursday he was retiring from international football at the age of 41. Ronaldo made his debut for...

Two Bull Sharks Found Dead in a Guanacaste Estuary They Had Never Been Known to Enter

Two bull sharks, rays and fish were found dead in a sand-blocked estuary at Playa Langosta near Tamarindo. Environmental authorities are investigating the cause.

Prosecutors Find No Costa Rican Victims in Epstein Files Investigation

Costa Rican prosecutors ask a court to dismiss their Epstein files probe after finding no local victims or suspects.

Costa Rica’s Tropical Depression Risk Fades but the Downpours Don’t

The low-pressure system off Central America's Pacific coast is now less likely to become a tropical depression, but that doesn't mean a dry weekend...

Pacific Low Has a 60% Chance of Turning Tropical as Costa Rica Braces for Rain

A low off Central America's Pacific coast now has a 60% chance of becoming a tropical depression, and heavy rain could reach parts of the region through the weekend. With soils already up to 90% saturated, here is what to expect and how to plan.

Diesel Up 17% as Costa Rica Prices Rise for a Second Straight Month

Costa Rica's cost of living is climbing again. Consumer prices rose 0.39% in October, and the year-on-year rate reached 0.55%, the second straight month...

Rare Sighting of Tapir Family in Costa Rica Highlights Importance of Forest Conservation

A rare wildlife encounter in northern Costa Rica has captured the attention of conservationists after a family of three endangered tapirs was filmed walking...

Five Costa Rica Regions on Yellow Alert as Saturday Rain Hits Soaked Ground

If you live in or are traveling through the Central Valley, the Pacific coast or the Northern Zone, you are now under a yellow...

Peru’s Ignacio Buse Stuns Medvedev in Landmark Paris Masters Victory

Peru’s Ignacio Buse delivered one of the biggest upsets of the Paris Masters on Wednesday, defeating world No. 5 Daniil Medvedev 6-4, 6-4 to...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel