Abstract

CAMBRONERO-TORRES, Andrei. Resignation from the Presidency of the Republic in Costa Rica: Should it be accepted by the Legislative Branch?. Espiga [online]. 2025, vol.24, n.50, pp.1-30. ISSN 2215-454X.  http://dx.doi.org/10.22458/re.v24i50.5940.

This essay reconstructs the debate that has taken place in Costa Rica regarding the procedure to follow when the person holding the presidency of the Republic submits a resignation. To this end, it presents the two main theses that have emerged: a) the need for parliamentary approval; and b) resignation as a unilateral act that does not require such validation. Additionally, it includes the counterarguments that would allow each of these theses to be refuted. As guidelines or criteria for deciding the issue, the following are presented: a) how the matter is regulated in the political constitutions of the Americas; b) how this topic has been regulated in Costa Rican constitutions; and c) the current state of applicable constitutional and electoral jurisprudence. Finally, as a proposal for discussion, a third way is suggested that allows for a reconciliation of the conflicting positions: the Legislative Branch may refuse to admit the resignation if it is not based on the intention to run for another popularly elected office; in such a scenario, the resignation could not be challenged.

Keywords : Constitutional Law; Division of Powers; Legislative Functions; Resignation.

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