Shameless Justice

The representatives of the Supreme Court of Justice of Costa Rica are more concerned with defending their unacceptable privileges than with performing impartially and morally the work for which they were appointed.

Wednesday, October 17, 2018

EDITORIAL

Arguing that the Tax Reform approved in the first debate in the Congress imposes spending containment measures on the salaries of the Judiciary, the judges of the Supreme Court of Justice announced that they will oppose the reform if the points that affect the operation of the institutions of the Judiciary, in their opinion, are not abolished from it.

The judges' attitude worries and forces them to question the role that the Supreme Court plays in a democracy such as Costa Rica's. Their pronouncement not only inquiries the impartiality that in theory guides the actions of the highest judicial body of a nation, but also reflects the loss of values, the sense of service and the collective conscience of the body.

For the Chamber of Industries, the Court's decision "... Is regrettable. The judges should have excused themselves from issuing criteria because there is an obvious conflict of interest because the project sets a limit to the growth of salaries and other benefits, putting order in the public finances of all institutions. It is embarrassing to know that judges of the Judiciary defend their privileges and do not think about the economic and fiscal consequences that Costa Ricans would face."

Judges should return to their manuals (and to their consciousness) to review the most fundamental concepts of law. They seem to have forgotten, as Aharon Barak, ex-president of the Supreme Court of Israel, points out, that the values that guide judges "... Reflect ethical values of morality and justice; they also include social values related to public order, independence of judges, separation of powers, public tranquility and security; they are founded on concepts such as reasonability, tolerance, proportionality, benevolence and honesty."

See note from Nacion.com: "Judges are opposed to tax reform as long as it affects Judiciary salaries." (In Spanish)

See article: "The role of the Supreme Court in a democracy", by Aharon Barak, Doctor Honoris Causa from Oxford University and President of the Supreme Court of Israel between 1995 and 2006.

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