Renuncia de regidurías: dos lecturas constitucionales

The article 171 of the Political Constitution of the Republic of Costa Rica indicates in its first paragraph that municipal council members “shall be elected for a term of four years and their duties shall be mandatory”. This provision has led to two constitutional understandings within the Supreme...

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Bibliographic Details
Main Author: Brenes Villalobos, Luis Diego
Format: Article
Language:Spanish
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8461742
Source:Revista de Derecho Electoral, ISSN 1659-2069, Nº. 33, 2022
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Summary: The article 171 of the Political Constitution of the Republic of Costa Rica indicates in its first paragraph that municipal council members “shall be elected for a term of four years and their duties shall be mandatory”. This provision has led to two constitutional understandings within the Supreme Electoral Tribunal (knows as TSE by its acronym in Spanish or “el Tribunal”) that disagree regarding the scope of the obligation of the position and the exceptionality for its resignation. This essay reviews these theses, with particular interest in the one that admits the resignation without exceptions, as defended in the TSE resolution n.° 1626-M-2017 of March 1, 2017