Doctor Cecilia Sosa Gómez
Chief Justice, Supreme Court of Justice
She calls for amendments to the Constitution
For budget independence of the judiciary
For the creation of a Constitutional Chamber at the SCJ
ecilia Sosa-Gómez was
elected Chief Justice on April 24th. She is the first woman to preside the Supreme
Court of Justice. Cecilia Sosa was born in Caracas, in 1943. She graduated from law
school in 1967 and obtained her Doctor of Law degree in 1967 and doctor degree of
Administrative Science by the University of Paris in 1977. She is also a professor of law
at the central University of Venezuela and at the Andrés Bello Catholic University.
She was a Visiting Fellow, Andrés Bello Chair, St., Anthony's College, Oxford
University. After a significant career teaching law and as a judge, she became a Justice
of the Supreme Court, at the Political and Administrative Chamber in 1989. The
following is a summary of Venezuela Analítica's (VA) conversation with Cecilia
Sosa-Gómez (CSG).
VA The State crisis and the questioning of how institutions operate,
force a review of the political model required by society in order to implement social
change. In this context, do you believe that constitutional amendments are a way to
propose a new system of full public freedoms?
CSG The need to think of amendments to the Constitution is a
result of the lack of satisfaction of ordinary citizens when they realize that full
enjoyment of the rights and guarantees provided by our Fundamental Law are not
secured.
In effect, there are issues contemplated by the Constitution that are directly
related to the judiciary. One must think about them and I may mention: the creation
of a Constitutional Chamber of the Supreme Court of Justice, the revision of the powers
of the office of public prosecution, the evaluation of the Council of the Judiciary's
achievements and its effectiveness in filling its functions.
VA Why is it necessary to create the Constitutional Chamber of the
Supreme Court of Justice?
CSGYes, mostly because concentrated control of constitutionality
calls for specialization by the judge who must perform such a delicate mission, in view
of the issue's importance. Also because, even if it is true that currently those of us who
have knowledge of that constitutional control mechanism do have integral legal
formation, one must consider that there are among us some specialists in other subjects
that are not quite constitutional.
VA In your opinion, does contentious administrative jurisdiction
require a new Statute regulating its operation?
CSGIndeed, because that special jurisdiction's object is the
solution by courts of conflicts arising from the relation between Public Administration
and private subjects. And because the cosmos that has resulted from such relation, as
consequence of the clear interference of Government in too many areas of national life
becomes richer all the time. It becomes copious and complex and, accordingly, that
special jurisdiction that began to operate as an experiment when the Organic Law of the
Supreme Court of Justice was enacted, some twenty years ago, requires a deep review.
The idea is to compile in a single legal text all the provisions governing the contentious
administrative issues. With that, when the new millennium begins there will be a legal
structure being able to cope with the ever more complex and specific requirements of
such specialty.
VA There is a crisis in the judiciary, is it structural or is it the result
of such sector's inability to diffuse its achievements?
CSG To meditate over the crisis in justice is in some way a paradox.
Justice is an institution of which the object is to solve conflicts: judicial debate between
the parties, whoever they are, is essentially to decide on a crisis. It implies the
imposition of a social standard, be it between individuals or between these or the
collective being þthat is what allows the solution of that crisis.
However, in order that the judicial institution may operate it has to fulfill the
duties imposed on it, but, also and above all it must be aware of its contradictions. If
something is evident as factor of disintegration of the judicial institution, that is the
crisis of trust of those who are going to be tried and the judges' crisis of conscience.
The judicial institution, hidden inside its rites and procedures has been the
victim
of a situation created by the lack of trust of the leading classes. It has been at the same
time subjected to massive demand of judicial requirements, when the actors have
become aware of their material misery and of the rights vested on them in order to
improve their quality of life.
We thus find a judiciary with a capacity being overcome by an infinity of
conflicts
to be solved which, in many cases, are the consequence of the failures of other branches
of Public Power in their own activities. These failures must be recognized since it is only
through acknowledgment of errors that we may approach perfection.
VA Facing Justice Administration reforms in our country,
something that besides being necessary seems imminent. What priorities should they
establish?
CSG In order to mend the failures imputed to judicial
administration: slowness, technical inefficiency, loss of credibility, internal questioning,
etc., one insists in the requirement for the implementation of actions seeking to
reorganize the judiciary. Under such conception, one must first undertake such reform
þthat some call the most urgent problemþ and subsequently, after public opinion's trust
has been recovered, one must also deal with reforms related to the law and procedure.
This approach to the problem is a reflection of one the deficiencies' aspects, but it does
not encompass it as a whole. One must attack formal, methodological and substance
problems simultaneously.
On the formal side, in my opinion, the main effort must be made on the
re-establishment of the institution's technical and ideological efficiency. We must
undertake the automation of a portion of justice administration when facing the massive
requirements being evident nowadays. There appears to be no other solution for them
than an standardization boosting responses.
However, one must warn that the use of electronic data processing facilities
have
incidence only on the efficiency of Justice Administration but one has to avoid any
break in the relation that there has to be between the judge and the record, if credibility
and legitimacy of the performed function must be preserved.
VA Are greater budget investments required for Justice
Administration?
CSG Those who choose to perform such precious function must be
provided with sufficient resources determining that their independence, autonomy and
impartiality are not just rhetoric exercises, but rather guarantees of the integrity
required of their actions. The truth is that a look at the percentage assigned in the
National Budget to the Supreme Court of Justice lets you corroborate that it reaches
0.04% of the Judiciary's budget, and the Judiciary's budget, including the Supreme
Courts, represents, as an average, 0.76% of the National Budget.
The reform of the Organic Law of the Budget Regime must provide for the
Judiciary's budget autonomy and I so propose it formally. That requires a consensus
enabling the reforms and allowing for the judiciary's budget stability.
VA How may one achieve that an investment in economic resources
for the Judiciary is not consumed by bureaucratic structures?
CSG Investment of economic resources for the Judiciary must be
preceded by a program defining priority areas to be intervened, by quantitative
estimates of the funds required to attend to them; by evaluation of goals to be reached
þon a short and long term basisþ; by management continuity in the Council for the
Judiciary. The investment requires planning and only thus it is possible to warrant
efficiency in the use of said funds.
VA A sub-culture of violence reigns in our jails and the
Constitution provides rights and guarantees for all citizens. Is there a way to implement
a program that may solve the chaotic situation of those jails?
CSG The SCJ must take an initiative allowing it to bind efforts
jointly with the Ministry of Justice and the Council of the Judiciary to define the current
status of criminal causes that justify reclusion of indicted or convicted subjects. It is a
way of justifying the problem of the jails through the judiciary.
VA There is a general growing movement of opinion aimed at
qualifying the Law for the Protection of Constitutional Rights and Guarantees as a legal
instrument that interferes with public function. What is your opinion on this
subject?
CSG The Law for the Protection of Constitutional Rights and
Guarantees is a regulating instrument that has contributed to maintain the Rule of Law.
That is so because it is a procedural way þbecause of its expeditious natureþ that
constitutes an efficient means of securing the effect of rights and guarantees provided
by the Constitution.
Public Administration is not a generic victim of such law's enforcement. In
some
cases, however, one does observe an abuse of that instrument, both on the part of the
petitioner as on that of the judge who has to decide on the petition. That abuse does
not appear to be attributable to the law as such.
VA There has been a democratization of justice in Venezuela. Any
citizen who feels that his rights have been injured applies to jurisdiction hoping that use
of his rights is guaranteed. How do you explain such request when the Judiciary is so
questioned nowadays?
CSG The Constitution provides for a system of full public freedoms,
it establishes rights and guarantees, defines the attributions of each of the branches of
Public Power and the organs in charge of their exercise. It is the necessary cooperation
that must prevail among Organs of Public Power.
The common citizen is able to understand that procedural truth is the only
course to be followed by the Judge when deciding. One must ask of him that, in order
to decide he must draw away from any component of emotion, suspicion, atavism, social
or even family pressures, in order to be able to render objective decisions that create
conscience for the common citizen, that educate the people in truth.
The Supreme Court of Justice, just as the Courts of the republic, is required to
solve conflicts of interest, to attend to express requirements of judicial protection, to
mediate in the search of the solution to problems of a legal nature brought to it and, if
evidenced, the direct duty imposed on a judge as leader of social order.
The existence of liabilities as to the efficiency of the Judiciary in its role of
administrator of conflicts referred to the rights and duties provided for the common
citizen, calls for a review of the so called crisis of justice, of the crisis of the law and the
crisis of the State.
We may corroborate that the judicial way þone that should be the last door to
be opened by a citizen seeking to re-establish situations affecting himþ has become the
first option in a country where the violation of legal provisions has become a common
thing.
It looks as if the judicial institution is not able to find ways towards its
perfection,
notwithstanding the reform spirit inspired by all the initiatives undertaken. There is a
contending movement in judicial professions. The truth is that in freer, more instructed
and homogeneous society, the judge, more than any one else, may not be reduced to the
authority on him vested by the law in order to impose his decision; he must assure that
it is understood if it is to be accepted by the social body and by the addressees.
VA If is to be legitimate, public functions must be transparent;
denunciations, scandals and general questioning known by institutions bring once more
the requirement that ethics signs the deeds of those who render decisions. Is there
something utopian in the bringing-up of righteous and honest public servants?
CSG It is not an Utopia. There is contingent of public officers who
are poor and honest. What is required is that they be supported not only in their
professional upbringing but that they also be awarded a remuneration securing the
respect and the serenity required for a well deserved performance of their
function.
VA What does it mean for a judge that domestic public opinion
may expect that a trial should end in a particular way?
CSG That is a reality that must be observed by the judge not just
in order that it does not influence his decision, since court decisions must be legal, they
must be supported by the rule of law, but also in order that they may be thus able to
solve the conflicts brought to them, in a way that provides legal security.
The people must understand that judicial processes may not be solved by
abiding
to a public opinion matrix. That, as such, leads to deterioration of the jurisdictional
function. I admit that certain trials are classified as "important" by public opinion, either
by virtue of the notoriousness of the parties or of the political nature that may be
attributed to them. One must inevitably point out that although all these variables do
exist, for the Judge all trials are equal, if one bears in mind that they may not forgo a
pre-established forwarding and also because they must all be decided under due
consideration of allegations and evidence reflected in the record of all proceedings
during a trial.
VA Finally, now that you have been elected Chief Justice of the
Supreme Court, how do you interpret your functions and your performance?
CSG Article 46 of the Organic Law regulating this High Tribunal's
functions, provides for the Chief Justice's attributions and the list in that legal provision
is a sample of the wide and diverse range of duties of the Chief Justice.
Now then, besides complying with the requirements of said legal provision, the
Chief Justice must attend to each and every need arising under this High Tribunal's
operation and foster greater common relations between the Chief Justice and other
Judges forming the country's judiciary.
Translation by Carlos Armando Figueredo
URL: http://www.internet.ve/analitica
Mesage to the Editor:
editorva@ccs.internet.ve