The Constitutional Chamber declared itself competent to hear the appeal for annulment of the unconstitutionality exercised by the citizen Luisa Ortega Díaz, as Attorney General of the Republic, against the Agreement issued by the National Assembly on December 23, 2015, published in the Official Gazette of the Bolivarian Republic of Venezuela N ° 40,816 of the same date; An appeal that was declared inadmissible for having operated the res judicata.
This is because of the constitutionality of the parliamentary act issued by the National Assembly on December 23, 2015, in which magistrates and magistrates were appointed and sworn in to fill the vacancies in this High Court, the Constitutional Chamber was already pronounced in sentence No. 614 of July 19, 2016, the certified copy of which was delivered to the Attorney General of the Republic on August 4, 2016.
In its ruling No. 614, the Constitutional Court stated that “ANY COMMISSION OR OTHER ARTIFICE OR ACTION WHICH HAS THE OBJECT TO ANNOY THE APPOINTMENT OF MAGISTRATES, SUBVERSES THE CONSTITUTIONAL PROCEDURE FOR THE REMOVAL OF MAGISTRATES OF THE SUPREME COURT OF JUSTICE AND, THEREFORE, IS OUT OF LAW AND NULL OF ANY NULLITY AND DEPRIVED OF VALIDITY, EXISTENCE AND LEGAL EFFECTIVENESS; And whoever participates in them are subject to the corresponding criminal, civil and administrative responsibility. “
