Costa Rica 1949 Constitution (reviewed 2020)

Table of Contents

Transitory Provisions

1. [Concerning] Article 10

The Chamber created in Article 10 will be integrated by seven Magistrates and by the substitutes that the law determines, who will be elected by the Legislative Assembly by [a] vote of no less than two thirds of its members. The Legislative Assembly will make the appointment of the members of the Chamber within the ten sessions following the publication of this law; it will choose two of them from among the members of the First Chamber of the Supreme Court of Justice, the integration of which will be so reduced.

While a law of the constitutional jurisdiction has not been promulgated, the Chamber will continue processing the matters of its competence, even the pending ones, in accordance with the provisions in force.

2. [Concerning] Article 16

The persons that have opted for other nationality and have lost the Costa Rican [nationality], may recover it in the tenor of that provided in the reformed Article 16, through simple solicitation, verbal or written, before the Civil Registry. This will take note of it and will effect the corresponding procedures. The solicitation must be considered within the two years following the effectiveness of this reform.

3. [Concerning] Article 50-XX

The current laws, concessions and permits of use, granted in accordance with the law, as well as the rights derived from these, remain in force, as long as a new law that regulates the use, exploitation and conservation of water does not enter into force.

4. [Concerning] Article 78

  1. The public expenditure on education may be inferior to eight percent (8%) during the fiscal periods prior to the year 2014. Nevertheless, in no case the percentage of the gross domestic product destined to education may be lower than the one of the previous year.
  2. The law referred to in the second paragraph of Article 78 of the Political Constitution must be issued within the year following the publication of this constitutional reform. While this law is not into force, the gross domestic product will be determined accordingly to the procedure that the Central Bank of Costa Rica establishes.

5. [Concerning] Article 85

During the five-year period [quinquenio] from 1981-1985, the distribution of the special fund, to which this article refers, will be made in the following manner: 59% for the University of Costa Rica; 11.5% for the Technological Institute of Costa Rica; 23.5% for the National University and 6% for the Universidad Estatal a Distancia.

6. [Concerning] Article 100

The election of the three new substitutes Magistrates will be made within the two months following the promulgation of this constitutional reform; in this act the Supreme Court of Justice through lots, will establish the date on which the term [período] of each one of those substitutes will expire, in a manner that it coincides with the expiration of the periods of the substitutes elected before this reform and so that from then on it may proceed to elect two of the substitutes every two years.

7. [Concerning] Articles 105 and 123

The special laws referred to in Articles 105 and 123 of the Political Constitution, here reformed, must be issued within the year following the publication of this Law. During this time period, [that] which is here provided[,] will not enter into force.

8. [Concerning] Article 116 – VII

The Legislative Assembly that is elected in the elections to be verified in the month of October of nineteen forty-nine, in accordance with the convocation made to that effect by the Supreme Tribunal of Elections, will be installed on the eighth of November of that year, and it will cease in its functions on the thirty first of October of nineteen fifty-three. The President of the Republic, the Vice Presidents and the Deputies to the Legislative Assembly who should be elected in the elections of nineteen fifty-three, which date the Supreme Tribunal of Elections shall specify opportunely, will exercise their offices for four years and a half, that is: the President and the Vice President from the eighth of November of that year until the eighth of May of nineteen fifty-eight and the Deputies from the first of November of nineteen fifty-three until the thirtieth of April of nineteen fifty-eight, with the purpose of[,] from there on [en lo sucesivo][,] having the presidential period begin on the eighth of May, the Legislative Assembly installed on the first [day] of that month, and the elections[,] presidential and of deputies[,] verified in February, all of the corresponding year.

9. [Concerning] Article 141 – XI

The Ministers of Government appointed at the beginning of the next presidential period will have the functions determined in the existing laws [concerning] Secretaries of State , while there is no legislation [concerning] the matter.

10. [Concerning] Article 170

The budgetary allocation established in Article 170 will be progressive, at a rate of one point five percent (1.5%) per year, until completing [a] total [of] ten percent (10%).

Periodically, in each allocation of the resources established in Article 170, the Legislative Assembly must approve a law that indicates the competences to be transferred to the municipal corporations. Until the Legislative Assembly approves each one of the laws, the resources corresponding to that period will not be allocated to the municipalities, in accordance with the indicated in that same numeral. It rules [Rige] one year after its publication.

11. [Concerning] Article 171

The Municipal Regidores [Aldermen] who are elected in the elections of February of nineteen sixty-two, will exercise their offices from the first of July of nineteen sixty-two until the thirtieth of April of nineteen sixty-six.

12. [Concerning] Article 177, first and third paragraphs

The percentage to which Article 177 refers to for the Budget of the Judicial Power will be established in a sum of not less than three and a quarter percent for the year nineteen fifty-eight; in a sum of not less than four percent for the year nineteen fifty-nine and in a sum of not less than one percent more for each one of the following years, until reaching the minimum indicated of six percent.

The Caja Costarricense de Seguro Social [Costa Rican Bank of Social Security] must achieve the universality of the various insurances under [puestos] its responsibility, including the family protection in the regime of sickness [enfermedad] and maternity, within a time period no greater than ten years, counted from the promulgation of this constitutional reform.