Costa Rica’s Legal SystemNatalia Blanco

Politica

l Constitution International

Treaties

Laws

Decrees

The executive power regulations and institutional status

Rules that are linked with the previous regulations

Kelsen’s pyramid

Political Constitution

• Created by the constituent assembly convened by president Figueres• Modifications included in this new constitution:

The social guarantees, The Supreme Electoral Tribunal, Public Universities and the division of powers. Also the CCSS was created, The Labor Code and Minimum Wage and the Army Abolition

COSTA RICA’S DIVISON OF POWERS

The Executive Power

• Exercised by the president, vice-president and his cabinet.• Presidents in the past could only serve one term

according to the 1969 constitutional amendment • The Constitutional sector of the Supreme Court (Sala IV)

declared that reformation of the Constitution was necessary due to the fact that impeding the opportunity for presidential re-election violated the basic rights of citizens

The Legislative power

• The Legislative Assembly or Asemblea Legislativa holds 57 seats. Its members are elected by direct popular vote. • The Legislature has two ordinary sessions (May 1st to

July 31st and September 1st to November 30th)• The Legislative Commissions are composed of six

permanent commissions which are responsible for evaluating proposed laws. The six commissions are: Agriculture & Natural Resources, Economic Affairs, Government & Administration, Budgeting & Taxation, Judicial Affairs, and Social Affairs.

The Judicial Power

• The legal system in Costa Rica is based on the Spanish Civil system and is independent from the executive and legislative powers. • Judicial Power is exercised by the Supreme Court of

Justice. The Court is composed of 22 Supreme court magistrates or justices by the Legislative Assembly and subsidiary courts. Judges may be re-elected and can stay in their position for life.

The Supreme Court of Justice

The Supreme Court of Justice is formed of tribunals (made up of civil, criminal, family, etc. courts), OIJ (Judiciary’s Investigation Bureau) and the Constitutional Branch.

• It is divided in four branches:1. First Chamber (Sala Primera): has jurisdiction

over all administrative matters and civil suits of general jurisdiction.

2. Second Chamber (Sala Segunda): has appellate jurisdiction over all matters related to family law, estates and labor law.

3. Third Chamber (Sala Tercera): has jurisdiction over all criminal appeals.

4. Constitutional Chamber (Sala Constitucional): hears all matters related to constitutional rights in Costa Rica

Tribunals and Courts

• There is a Tribunal in each providence and its courts in each distric. • The courts are divided in sections (family, civil, traffic,

etc.)

Judicial Circuits

• First Judicial Circuit: located in San José, formed by: the Supreme Court of Justice, OIJ (Judiciary’s Investigation Bureau), the Constitutional, First and Third Branch, the magistrates and alternate members.• Second Judicial Circuit: located in Goicoechea, formed

by: the Supreme Court of Justice, OIJ (Judiciary’s Investigation Bureau), the Constitutional, First and Third Branch, the magistrates and alternate members. This circuit is annexed to the Dispute Tribunal (Tribunales Contencioso Administrativo).

• In The Court Complex (Complejo judicial). Located in San Joaquín de Flores, is the Morgue and all the Judicial Archives of all the already closed cases.

Thank you!