Q COSTARICA — At the weekly press conference today, Wednesday, July 30, President Rodrigo Chaves, may make history, as it would be the first time a sitting president leaves office voluntarily.
In the last several months, maybe more, the President has left open the possibility of implementing this measure, which has gained momentum in recent weeks.
At Casa Presidencial, there has been an air of mystery, announcing on Tuesday, on social networks, that a decision will be forthcoming today.
A question being asked in social circles is whether a President of Costa Rica could resign to run for a legislative seat.
For several months, Rodrigo Chaves has spoken about the possibility, leaving the question of whether he will or not.
The issue of the possible presidential resignation has direct bearing on the Legislative Assembly, where there are divided opinions regarding whether the resignation should only be announced or whether a vote should be taken to approve or reject it.
“As far as I know, and as I’ve heard from many analysts and specialists, it’s just a matter of knowing the resignation. No one is forced to work on something they don’t want to,” responded Pilar Cisneros, the leader of the ruling party in the Legislative Assembly.
“There may be one or two dissenters, but the rest insist it’s just a matter of knowing, not approving,” she added.
For his part, legislator Eli Feinzaig of the Progressive Liberal Party (PLP), who ran against Chaves in 2022, said publicly there is still “no defined or definitive criterion on the matter.”
Other legislators considered that if a vote has to be taken, they must accept the resignation.
Legal Criterion
From a legal point of view, constitutional lawyer Rubén Hernández, pointed out two elements regarding the possibility of a Presidential resignation: The first is that the president cannot resign.
This opinion is based on Article 136 of Costa Rica’s Constitution, which states that the president and vice presidents will take office on May 8 and will automatically cease to hold office at the end of the constitutional term, that is, four years later.
“In my opinion, the president cannot resign. The Constitution must be interpreted harmoniously. The 1871 Constitution allowed the president to resign, but the 1949 Constitution eliminated that possibility,” Hernández told Observador.com.
“If the people vote for a specific person, it means they will serve for the entire term, unless there is a physical or mental difficulty that prevents them from doing so,” he added.
The second element is that if the president ultimately resigns, the Assembly must hear the case and vote on whether or not to accept it.
“There is a 1992 case law in which the (Constitutional) Court, commonly referred to as the Sala IV, stated that it wasn’t enough to simply take note, but that the Assembly had to make a decision. If he submits it, the Assembly would have to vote on whether to accept it or not,” he said.
He asserted that if Congress rejects the President’s resignation, he could file an appeal for protection before the Constitutional Court.
“There should be no vote,” is the opinion of José Miguel Villalobos, the president’s personal lawyer.
According to Villalobos, the constitutionalist’s interpretation is flawed, firstly regarding the fact that he cannot resign, citing Article 121 of the Constitution.
“Don Rubén Hernández’s interpretation is completely flawed; it violates the letter of Article 121, paragraph 8 of the Constitution and the spirit of the law,” he stated.
On the Sidelines
From the Tribunal Supremo de Elecciones (TSE) – Costa Rica’s elections tribunal, there has not been an official statement on the matter, given that there is no recent history of a presidential resignation.
If Chaves resigns, it’s to be a candidate for deputy and become president of the Legislative Assembly, as he has stated on several occasions.
Could Chaves lose the option to run for legislator?
“I can’t say because it would be a pre-judgement of the criteria; This issue is addressed when assessing the registration of the candidacy,” said Andrei Cambronero, the TSE lawyer.
Arias could assume the presidency
Costa Rica’s Constitution establishes the line of succession in the event of the temporary or permanent absence of the democratically elected president.
According to Article 135, the vice presidents are the first to be called upon to replace the president. However, if none of them can assume the position, the responsibility falls to the president of the Legislative Assembly, in this case, Rodrigo Arias.
A similar situation occurred during Oscar Arias’ second term, when both vice presidents resigned before the end of their four-year term.
In conclusion, we will just have to wait for today’s announcement.
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