The EU criticizes the decision of the Court in Guatemala on the election of the attorney general

By Brittany Solano

The European Union Accompaniment Mission, in charge of supervising judicial and electoral processes in Guatemala, has expressed its “deep dismay” at the recent decision of the Constitutional Court (CC), which ordered a new qualification of the candidates for the position of attorney general and head of the Public Ministry.

In a statement, the Mission condemned the CC's intervention, pointing out that "this intervention abusively modifies the evaluation criteria and violates the integrity of the process and public trust in the institutions, excluding judicial experience." Furthermore, they considered that the criterion used by the Court seems arbitrary and does not comply with the principle of prioritizing the capacity, suitability and honorability of the candidates who will occupy the position of Attorney General.

This Friday, the Guatemalan Nomination Commission followed the guidelines established by the CC, which proposed the integration of a new list of six candidates for the head of the Public Ministry (MP) and attorney general. This information was delivered to President Bernardo Arévalo de León. The European Union has highlighted that the first process had a “high degree of publicity” and considers that this should be respected.

The CC's decision contravenes previous precedents of the same Court, which recognized the importance of experience in the judiciary. In response to this situation, the Mission recalled that the Nomination Commission must exercise its constitutional mandate through a substantive, transparent, rigorous and objective evaluation of the candidates' qualities, without compromising the objective of the law.

The Constitutional Court demanded that a new list be sent, and the Nomination Commission, after complying with the decision, restarted the qualification process of the applicants. The reviewed files will be sent to the president, who has the responsibility of choosing the next attorney general for the period 2026-2030.

The current attorney general, María Consuelo Porras, will leave her position on May 16. Porras faces active sanctions from the United States, the European Union and Canada for “undermining democracy” and “engaging in unlawful acts.” This Wednesday, the Supreme Court of Justice of Guatemala rejected the request for withdrawal of immunity presented against him, considering it unfounded and without considering the case.