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| National Council of the Magistracy (Peru) | |
|---|---|
| Name | National Council of the Magistracy (Peru) |
| Native name | Consejo Nacional de la Magistratura |
| Formed | 1993 |
| Dissolved | 2018 (reformed 2019) |
| Headquarters | Lima |
| Jurisdiction | Republic of Peru |
National Council of the Magistracy (Peru) The National Council of the Magistracy (Peru) was the constitutional body responsible for appointing and removing judges and prosecutors in the Republic of Peru. Established under the 1993 Constitution and reformed following the 2018 political crisis, the Council interacted with institutions such as the Presidency of the Republic, the Congress of the Republic, and the Judicial Branch. Its role affected figures like presidents, ministers, prosecutors, magistrates, and international observers across Lima, Cusco, Arequipa, and other regions.
The Council originated after the 1993 constitutional process associated with President Alberto Fujimori, the 1992 Peruvian constitutional crisis, and the adoption of the Constitution of Peru (1993). Early operations involved appointments during administrations of Alejandro Toledo, Alan García, and Ollanta Humala. High-profile episodes included controversies during the tenure of members linked to scandals involving the Fujimori family, the Keiko Fujimori political movement, and investigations by the Public Ministry (Peru). The 2018 crisis following the resignation of several magistrates and revelations from the CNM Audios led President Martín Vizcarra and Congress to support constitutional reforms. Subsequent changes enacted by the Congress of the Republic of Peru and endorsed in the 2019 Peruvian constitutional amendments transformed the selection mechanisms, affecting interaction with the Judicial Branch of Peru, the Fiscalía de la Nación, and the Corte Suprema de Justicia del Perú.
Composition historically combined representatives from the Judicial Branch of Peru, the Congress of the Republic of Peru, the Presidency of the Republic (Peru), and the Law School of Lima and academic institutions such as the Pontifical Catholic University of Peru and the National University of San Marcos. Members included judges from the Corte Suprema de Justicia del Perú, prosecutors from the Fiscalía de la Nación, and academics linked to universities including Universidad Peruana Cayetano Heredia and Universidad del Pacífico (Peru). Appointment procedures invoked bodies like the Specialized Judiciary Council and committees comprised of members from the Colegio de Abogados de Lima, the Defensoría del Pueblo (Peru), and the Tribunal Constitucional del Perú. Reforms introduced merit-based competition and participation by entities such as the Organismo Supervisor de la Inversión Privada en Telecomunicaciones and international partners like the Organisation of American States.
Mandated by the Constitution of Peru (1993), the Council had authority over selection, ratification, and removal of magistrates for the Corte Superior de Justicia and the Ministerio Público (Peru). It exercised functions related to evaluation of professional competence affecting holders of posts in the Poder Judicial and the Ministerio Público, including the Procuraduría General de la República appointments. The body conducted competitive examinations, interviews, and disciplinary evaluations referenced in laws such as the Ley Orgánica del Poder Judicial and statutes governing the Fiscalía de la Nación. Its decisions intersected with jurisprudence from the Tribunal Constitucional and case law from the Corte Suprema de Justicia del Perú.
The Council implemented oversight mechanisms linked to disciplinary proceedings against judges and prosecutors, collaborating with the Judicial Council and offices including the Oficina de Control de la Magistratura and the Oficina de Control Interno. Investigations sometimes overlapped with actions by the Public Ministry (Peru) and the Fiscalía de la Nación, and were subject to review by the Tribunal Constitucional. Notable disciplinary cases involved magistrates under scrutiny for links to political campaigns involving parties like Perú Libre, Acción Popular (Peru), Partido Aprista Peruano, and individuals implicated by reporting from outlets such as El Comercio (Peru), La República (Peru), and investigative groups including IDL-Reporteros.
The Council was central to controversies culminating in the CNM Audios scandal, which revealed conversations implicating councilors with intermediaries tied to controversial businessmen and political operators. Public outcry, along with investigations by the Poder Judicial and the Fiscalía de la Nación, prompted emergency measures by President Martín Vizcarra and legislative actions by Pedro Pablo Kuczynski's opponents and successors. Civil society organizations like Transparency International, Proética, and unions including the Colegio de Abogados de Lima demanded reforms. Constitutional amendments and subsequent legal reforms reshaped the selection process, integrating international standards proposed by the Inter-American Commission on Human Rights and technical assistance from the United Nations Development Programme.
The Council interfaced with the Presidency of the Republic (Peru), the Congress of the Republic of Peru, the Judicial Branch of Peru, the Fiscalía de la Nación, the Tribunal Constitucional, and the Defensoría del Pueblo (Peru). Its actions affected appointments in the Corte Suprema de Justicia del Perú and coordination with regional courts such as those in Arequipa, Trujillo, Piura, and Iquitos. Political dynamics involving leaders like Alberto Fujimori, Alejandro Toledo, Alan García, Ollanta Humala, Pedro Pablo Kuczynski, Martín Vizcarra, and parties such as Fuerza Popular shaped the Council's interactions with administrative agencies including the Ministerio de Justicia y Derechos Humanos.
The Council operated under constitutional provisions from the Constitution of Peru (1993), statutes such as the Ley Orgánica del Poder Judicial, regulatory decrees from the Presidency of the Council of Ministers (Peru), and rulings by the Tribunal Constitucional. Procedures for competitions and vetting referenced norms developed by academic institutions including the Pontifical Catholic University of Peru and professional bodies like the Colegio de Abogados de Lima. Post-2018 reforms established new panels, selection committees, transparency requirements, and publication obligations shaped by recommendations from the Organisation of American States and oversight by civil society organizations such as Proética and Transparency International.