On August 23, 2024, Law No. 1579 of 2024 was enacted to establish a new selection and appointment process of the Attorney General of Bolivia.
The enactment of this law is rooted on article 161.8 of the Constitution, which stipulates that the Plurinational Legislative Assembly must designate the attorney general.
The new law establishes the deadlines for carrying out the 13 stages of candidate selection. (Art. 17.) It requires this process to be carried out in a continuous and uninterrupted manner until finished, with exceptions only for fortuitous events or force majeure. (Art. 6.) All decisions must be adopted by two-thirds of the members of the assembly present. (Art. 8.)
The process includes two stages, on selection and appointment. The selection stage will be overseen by the legislature’s Joint Commission on Plural Justice, the Public Prosecutor, and the Ministry of the Legal Defense of the State. The Legislative Assembly is responsible for the appointment stage. (Art. 12.) In addition, the Legislative Assembly is responsible throughout the selection and appointment process for guaranteeing the applicants’ constitutional rights (art. 7) and equal opportunity regardless of gender or ethnic background (Art. 9).
The president of the Legislative Assembly formally initiates the selection process by establishing the date for the receipt of applications. (Art. 18.) The announcement must be broadcasted throughout the nation on media for one day. (Art. 17.) The law requires the selection and appointment stages to be publicized through government websites, the Legislative Assembly’s social media accounts, and other media channels. Additionally, citizens may attend the sessions of the legislative joint commission. (Art. 14.) The selection process is set to last 45 days in total and has specific terms for each of its 13 subphases. (Art. 17.)
This law specifies requirements for applicants who wish to be considered as candidates (arts. 25-28), criteria for disqualification (art. 29), evaluation criteria (art. 33), appeals (art. 34), and the oral evaluation process (arts. 35-37). It also includes provisions on the legislature’s rules on voting, and the attorney general’s induction into office. (Arts. 38-39.) If no candidate passes to the designation stage, then a new call for applicants will take place. (Art. 40.)
The president of the Chamber of Deputies said that the selection and appointment of a new attorney general must be completed before October 23, 2024, when the current attorney general must leave office.
Stephania Alvarez, Law Library of Congress
September 30, 2024
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