Slowness and Inefficiency Stall Central America's Constitutional Courts

 
A recent study suggests that Central America's constitutional justice systems should pay more attention to the length of trials, excess lawsuits and the training of officials. According to Constitutional Justice, a report prepared by the UN Development Program's Regional Bureau for Latin America and the Caribbean, most cases before Central America's constitutional courts take too long to be resolved. The problem can be expected to get even worse unless workloads are reassigned (in the case of Costa Rica) or more resources are devoted to the system (Honduras and Nicaragua).

In Costa Rica, the problem is not only the excessive number of constitutional cases before the Supreme Court, but also inefficient notification systems that prolong the time it takes a case to be resolved. In Nicaragua, fewer cases involving constitutionality come before the court, but they take an average of 41 months to be decided.

One consequence of over-litigiousness is the tendency of many attorneys in administrative and labor cases to resort to constitutional protections instead of incurring long, drawn-out trials. These constitutional provisions are designed to protect basic rights and allow plaintiffs in such cases to obtain faster and more expeditious outcomes to their complaints. The UNDP study recommends reforming labor codes and the laws governing contentious administrative jurisdictions to allow for timely trials that guarantee these fundamental rights.

Among the factors found to affect the training and capabilities of judicial officials was too much work, in Costa Rica especially. There, the seven justices of the Constitutional Court are expected to handle an annual average of 100,000 cases. The study proposes creating courts that specialize in constitutional protections and habeas corpus to clear up the backlog of cases and allow them to be heard in a timely and appropriate manner. Another UNDP recommendation involves the establishment of a program to enable Central American judicial officials to bring themselves up to date and deepen their understanding of constitutional justice. The program would be led by jurists from both within and outside of the region.

Despite the shortcomings it lists, the report notes that Central American countries have recognized the protection of constitutional rights to be an important priority. It cites the example of El Salvador, where the government has promoted a culture of constitutionality and improved access to the justice system, educating citizens in the proper use and functions of the constitutional courts. Such progress has restored a measure of confidence in Central America's judicial systems. The UNDP's recommendations, if adopted, would further improve the quality of constitutional justice and the protection of basic rights and freedoms in the region.