Draft law on the creation of constitutional sections

The Draft Law N° 238 provides for the creation of twenty-two (22) constitutional sections within the structure of the courts department of justice. These rooms have a functional dependence of the Plurinational Constitutional Court (TPC), seeking to lower the load of the proceedings, and provide specialized care and effective actions in defense of fundamental rights.

Once submitted this draft law was approved at large by the plenary of the Lower House, and extension of their treatment in detail for a next session.

Within the points most remarkable of the draft Law N° 238, provides that the Council of the Judiciary to carry out a selection process for meritocracy of the members of the constitutional sections, with the participation of the Constitutional Court and the Supreme Court of Justice.

After completing this process, the Council of the Judiciary will raise lists before the boards full of the Supreme Court of Justice and the Constitutional Court, for the appointment of a joint of the members of the constitutional sections.

These accuracies, the made the minister Maple in the plenary session of the Chamber of Deputies, where he showed the scope and arguments to enable the draft law on the creation of constitutional sections.

In the opportunity, he explained that this bill is the product of the consensus reached in the framework of the Law N° 898, the Commission to Follow up the Conclusions of the National Summit on Justice, composed of the Executive, Legislative, Judicial, State Attorney General's office, the Attorney General of the State and the University of Bolivia.

The rooms constitutional specialized in the nine (9) departments will work to the interior of the courts department of justice. Will aim to meet and resolve the actions of the defence of fundamental rights, the resolutions that will be presented for review to the Plurinational Constitutional Court.

From the new law, judges in constitutional matters will be in charge of making prevail or re-establish the full force of the rights over the actions of constitutionality (action, freedom, people's action, an action of amparo constitutional action for the protection of privacy and compliance action).

According to the draft law, the distribution of the twenty-two (22) boards constitutional courts, department of justice will be the following: four to La Paz and Santa Cruz, three to Cochabamba, two to Chuquisaca, Oruro, Potosí, Tarija, Beni, and one for Pando.