The Justice Studies Center of the Americas (CEJA) participated in a meeting with the Venice Commission to share its perspective on the constitutional reform project aimed at modifying the judicial government in Chile and creating a judicial appointments council.
The meeting took place within the framework of a mission requested by Jaime Gajardo Falcón, Chile’s Minister of Justice and Human Rights. The goal was to obtain a legal opinion on the initiative. As part of the evaluation process, the delegation carried out a mission in Chile, where they met with various authorities, international organizations, and representatives from academia and civil society.
CEJA was represented by its Director of Studies and Training, Lorena Espinosa Olguín, who regarded the project as a key opportunity to strengthen both the internal and external independence of the judiciary and to professionalize judicial governance. She also highlighted the effort to design a body free from excessive concentrations of power, aiming to prevent both political and corporate capture, and inspired by greater transparency and merit-based criteria.
However, she warned that the legitimacy and effectiveness of the body would ultimately depend on the rules that define its functions, as well as the criteria, procedures, and mechanisms to be applied. She stated that this debate will be crucial—just as important as the discussion on the design of the autonomous body in charge of administration and resource management, which cannot be properly assessed without further details.
Espinosa noted that certain aspects warrant special analysis and reflection, including the continued prominent role of the Executive Branch in appointments, and the suitability and viability—especially from a legal culture perspective—of assigning the new oversight functions to the Judicial Prosecutor’s Office.
Finally, CEJA’s Director of Studies and Training emphasized that the institutional design details will be key in establishing the necessary incentives, checks, and balances for the model to function effectively and in alignment with its guiding principles.