Legal Research in Nicaragua

By Rodrigo Tabada Rodríguez and Ana Carolina Alvarez Gil

Rodrigo Taboada Rodríguez is a Nicaraguan Lawyer who holds a law degree from the Universidad Católica de Chile. He also obtained an LL.M. degree from New York University (NYU). Currently he is a partner at Consortium Legal in Managua, Nicaragua .

Ana Carolina Alvarez is a Nicaraguan lawyer who holds a law degree from the Universidad Centroamericana (UCA). She obtained an L.L.M from INIDEM Business Law School in 2017 She currently works as a corporate and finance attorney at Consortium Legal in Managua, Nicaragua.

Published May/June 2020

(Previously updated by Andrea M. Vidaurre Lovo in March 2012 and in March 2015)

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1. General information

Nicaragua is located in the heart of Central America. It borders with Honduras to the North, Costa Rica to the South, the Pacific Ocean to the West and the Caribbean Sea to the East. Its surface area is of 130,373.47 sq. km. It has a population of approximately 6 and a half million people. Managua is the capital of the country. Spanish is the official language, although diverse dialects are spoken in the Atlantic Coast.

2. The Constitution

The Political Constitution of Nicaragua is the supreme law of the country. It was enacted by the National Constitutional Assembly on November 19, 1986 and entered into force on January 9, 1987. Its framework contains titles, chapters and each provision are numbered as an article. Originally, the Constitution had 202 articles in total, some of which were revoked in 2014. The Constitution of Nicaragua went through four main partial reforms.

The Reform of 1995: It was made through the Law Nº 192 of Partial Reforms of June 15, 1995 and published in the official gazette [1] Nº 124 of July 4, 1995. Modified were 62 of the 202 articles of the constitutional text in diverse topics, among them individual rights, political rights, social rights, family rights, national defence, national economy, agrarian reform, public finances, education and culture, structure of the government and municipal and community matters. The main purpose of this reform was to balance the state’s powers, allocating functions to the Legislative branch which reduced the power of the President to control the political system.

The Reform of 2000: It was made through the Law Nº 330 of Partial Reforms of January 18, 2000 and published in the official gazette Nº 13 of January 19, 2000. This reform modified 19 articles of the Constitution covering diverse ambits of the national political system: territorial rights and national sovereignty, double nationality, exercise of political rights (modifying dispositions of requirements and impediments to become a candidate or to be appointed in ministerial positions or in other Branches or State Institutions if the person had acquired another nationality, dispositions about the percentage needed to win a presidential election, enlargement of the Supreme Court of Justice and Electoral Supreme Council and Creation of the Superior Council of the National Comptroller’s Office.

The Reform of 2005: It was made through the Law Nº 520 of Partial Reforms of January 13, 2005 and published in the official gazette Nº 35 of February 18, 2005. This reform basically gives more powers to the National Assembly. The main change is that the National Assembly has the faculty to ask for reports to the Ministers and Vice-Ministers of State, Attorney General and Directors of autonomous entities (among others) and to ratify the appointments of Ministers, Vice-Ministers of State, Attorney General (among others) made by the President of the Republic.

The Reform of 2014: Law No. 854 of Partial Reform of the Constitution was passed in the National Assembly on January 29th, 2014 and was published in the Official Gazette No. 26, on February 10th, 2014. This law established that the President and Vice-President of the Republic and mayors can be elected with a simple majority, therefore eliminating the potential need for a second round of elections. It also officially established that the President and Vice-President of the Republic can be re-elected indefinitely, amendment that had previously been included in the Constitution in the year 2011 when the Supreme Court declared that the a person´s right to equal protection under the law was being violated by the Constitution´s limitation on a single re-election for Presidents and Vice-Presidents.

Law 854 also broadens the Nicaraguan territory in order to include those territories that were previously being disputed with Colombia in the International Court of Justice (The Hague). It also establishes the family as the basis of society, strengthens certain labor and social rights such as the right to a clean and healthy environment, the rights of women and indigenous peoples to equal treatment in the law and participation in all sectors of society.

Another significant effect of the new amendments is the strengthening of the Executive’s power, mainly by allowing the President of the Republic to choose certain members of the military to hold political positions in the Executive Branch.

2.1 Constitutional Law

The constitutional control is exercised by the Supreme Court of Justice. The Constitution establishes the three procedures of control:

  • Unconstitutionality of the law: Its aim is to protect the supremacy of the Constitution. In this sense, it can be filed by any citizen against any law, decree or regulation that is in opposition to the Constitution. If the Supreme Court finds the law unconstitutional, this sentence has full effects throughout the entire legislative system.[2]
  • Writ of Amparo: Its aim is to protect the rights and freedoms protected by the Constitution. It can be filed by the offended against all disposition, act or resolution of the public administration that violates or tries to violate his rights and/or freedoms protected by the Constitution.[3]
  • Writ of Habeas Corpus [4]: Its aim is to protect specifically the right to personal freedom. It can be filed in favour of the offended by any citizen of the Republic against the responsible authority.[5]
  • Writ of Habeas Data: It was included in the Constitution by the Law 854 of Partial Reform to the Constitution of 2014. Its objective is to protect an individual´s personal information or data and to avoid unauthorized or unlawful disclosure of personal data, in protection of all Constitutional Rights that might be violated in case of such unlawful disclosure.

The “Law of Constitutional Justice” (Ley de Justicia Constitucional) published in the official gazette Nº 247 of December 20, 2018 is the law that regulates the procedures stated in the Constitution.

3. Structure of the Government

According to The Constitution, Nicaragua is a democratic, participative and representative republic whereby the President of Nicaragua is both head of state and head of government. Its state organs are the Legislative branch, Executive branch, Judicial branch and Electoral branch.

The national territory is divided into fifteen departments and two autonomous regions on the Atlantic Coast. The departments are then divided into one hundred fifty-three municipalities. Due to the multi-ethnic variety found in the Atlantic Coast (mestizos, creoles, misquitos, sumos, garifunos and ramas) Nicaragua has recognized the importance of treating these regions as autonomous. The Statute of Autonomy of the Regions of the Atlantic Coast, (Estatuto de la Autonomía de las Regiones de la Costa Atlántica de Nicaragua), sets forth the principles, the political–administrative regime and other special features of the organization of the two autonomous regions.

The municipality is the basic unit of the political–administrative division of the country.[6] The municipality has political, administrative and financial autonomy and its administration belongs to the municipal authorities.[7] These authorities are formed by a Municipal Council presided over by a Mayor. The authorities are elected by popular vote every four years. The Law of Municipalities, (Ley de Municipios), Law Nº40 of July 2, 1988, published in the official gazette Nº 155 of August 17, 1988 and its regulations sets forth in detail the competences of the municipalities.

3.1. The Executive Branch

The Executive Branch is headed by the President of the Republic, who is Head of State, Head of Government, and Commander-in-Chief of the Nicaraguan Army.[8] The President and Vice-President are elected by universal suffrage for a term of five years.[9] To be elected as President or Vice-President, the candidates must win a simple majority. With the constitutional amendments of 2014, the second round of elections is no longer necessary, given the fact that the presidential candidate who obtains a simple majority of votes will be elected President of the Republic.

The Vice-President will fulfil the functions delegated by the Constitution, by the President directly or through law.[10] Also, he will stand-in for the President in cases of temporary or permanent absence. [11] The President of the Republic nominates and discharges the Ministers of State, the Attorney General, and directors of autonomous entities and ambassadors. However, in order to become effective, this nomination needs to be ratified by the National Assembly.[12] There are twelve Ministries in the current structure of the government.

In addition to the provisions contained in the Constitution, the Law of Organization, competences and procedures of the Executive Branch (Ley de Organización, Competencias y Procedimientos del Poder Ejecutivo) of March 29, 1998 and published in the official gazette Nº 102 of June 3, 1998, and amended in several occasions, is the specific law governing the Executive Branch.

3.2. Legislative Branch

The Legislative Branch is composed of the National Assembly. This state power is formed by ninety members elected by universal suffrage for a term of five years with their respective substitutes.[13] Twenty congressmen represent the nation and the rest represent the municipality where they were elected. Part of the National Assembly are also the former President and Vice- President and the runner-up candidates to President and Vice-President. The National Assembly has the primary duty of elaborating and enacting laws and decrees, and to amend and derogate them.[14]

The legislative branch is governed by the Organic Law of the Legislative Branch of the Republic of Nicaragua (Ley Orgánica del Poder Legislativo de la República de Nicaragua) and its amendments.

3.3. The Judicial Branch

The Judicial Branch’s primary function is to oversee and decide all the nation’s trials along with the execution of all judicial sentences. The Constitution states that the justices and judges in their judicial activity are independent and must obey only to the Constitution and the law; they are governed, among others, by the principles of equality, publicity and right to defence.[15]

The Organic Law of the Judicial Branch (Ley orgánica del poder judicial) and its reforms is the specific law regulating this state power. It was enacted on July 7, 1998 and published in the official gazette Nº 137 of July 23, 1998. The Organic Law of the Judicial Branch establishes a two-tier system not allowing more than two opportunities for judicial review.[16] The action of cassation is decided by the Supreme Court who has the power to modify or revoke a sentence and even dictate an entirely new sentence if the case calls for it.

The Nicaraguan legal system is formed by local judges, district judges, Court of Appeals and the Supreme Court of Justice. Local judges exercise their duty in the municipalities. A local judge has a specific competence over civil, labor, family or criminal matters, except in small municipalities where just one judge could be competent for all the matters mentioned before.

District judges exercise their duty in the departments and autonomous regions. They judge cases in civil, labor, family or criminal matters. However, it is possible that just one judge could be competent for all the matters mentioned before. To distinguish which case will be judged by whom (local or district judge) is used the criterion of the monetary amount of the lawsuit.

The Courts of Appeals review the appeals of the sentences dictated by the district judges. They are formed by no less than five justices. They also have exclusive jurisdiction over some matters.

The Supreme Court of Justice is formed by sixteen justices elected by the National Assembly for a term of five years. It is the highest court in the Republic. It is divided in four chambers: civil, criminal, constitutional and contentious-administrative. The decision of some matters, including the constitutionality of a law or decree, requires decision from the plenary of the court.

3.4. Electoral Branch

The electoral branch oversees the organization, direction and pronouncement of the elections (whether national or municipal), plebiscites, and referendums.[17] Elections of the President, Vice-President and congress take place every five years in the same election; the election of municipal authorities takes place every four years. The electoral branch is formed by the Electoral Supreme Council and other subordinated electoral organisms.[18] The Electoral Supreme Council is formed by seven members and three substitutes elected by the National Assembly.[19] The Electoral Branch is governed by the Electoral Law (Ley Electoral) and its amendments.

3.5. Administrative Law

The Civil Service and Administrative Career Law is the specific law that regulates the rights, duties, faults and disciplinary procedures of the public servants. This law was enacted November 19, 2003 and published in the official gazette Nº 235 of December 11, 2003. Other laws regulating specific relations between the government and the public servants are the Judicial Career Law and the Foreign Service Law.

At some moment the claims of the citizens against the acts or resolutions made by the public administration are regulated by the Law of the Contentious-Administrative Jurisdiction. Currently, there are several trials pending against the Government.

3.6. Other State Organs

3.6.1. Public Prosecutor’s Office

The Public Prosecutor’s Office is an independent institution with organic, administrative and functional autonomy in charge of the prosecution of public offences and the representation of the victim through the criminal process. The public Prosecutor is appointed by the National Assembly for a term of five years.[20] The public prosecutor’s office is governed by its Organic Law (Ley Orgánica del Ministerio Público) of May 2, 2000, published in the official gazette Nº 196 of October 17, 2000.

3.6.2. Attorney General’s Office

Unlike the public prosecutor’s office, this institution only has functional autonomy. Basically, its function is to represent the State and to defend its rights and interests and act as a legal advisor. The Attorney General is appointed by the President (no specific term exists, given that this authority has rank of Ministry of State).[21] The attorney general’s office is governed by its Organic Law (Ley Orgánica de la Procuraduría General de la Republica) of December 4, 2001, published in the official gazette Nº 244 of December 24, 2001.

4. Sources of Law

The formal sources of law recognized in any civil law country are also recognized in Nicaragua, namely legislation, treaties, jurisprudence and doctrine.

4.1. Legislation

Nicaragua is a civil law country in which legislation is the primary source of law. The legislative process is defined in Articles 140 to 143 of the Constitution.

The projects of law, decree or regulation require for its approval the vote of simple majority of the congressmen adopted in a meeting in which the quorum is formed by absolute majority of them, except when the Constitution states another type of majority, like the amendment of the Constitution or the amendment of the so-called constitutional laws.[22] Every project of law must be presented to the Secretary of the National Assembly with its respective exposition of motives. [23]

The National Assembly reads the project and passes it to a specific commission, which is in charge of elaborating a report.[24] This report is read by the National Assembly and it is debated in general, if approved, then it has to be debated in particular.[25]

Once the project of law is approved by the National Assembly, it is passed to the Executive Branch for signature and publication in the official gazette. If after fifteen days the President does not exercise his right to veto and does not sign and publish the law, the project is final and the President of the National Assembly sends it for publication in any newspaper, without prejudice to its subsequent publication in the official gazette. If the President exercises the right to veto (partial or total) the project of law returns to the National Assembly. The National Assembly can overturn the veto by absolute majority of votes.[26]

New laws, decrees or regulations are published in the Official Gazette.[27] This is basically the only publication in which they can be found in paper. However, sporadically some compilations are published by Nicaraguan publishing houses.

4.1.1. Codes

Most of the Nicaraguan Codes were written in the late 19th century and early 20th century, under the influence of the Napoleonic Code and the Roman law.

  • The Civil Code (Código Civil): In force since 1904. It sets forth regulations regarding family (marriage, divorce, paternity and guardianship), obligations, property, succession and contracts. Complementary laws on adoption and property have been enacted.
  • The Code of Civil Procedure (Código Procesal Civil): In force since 2015. This code derogated the previous Code of Civil Procedure of 1906 and its amendments. It regulates the procedures required to litigate before the civil courts.
  • The Penal Code (Código Penal): In force since 2007. This code derogated the previous Penal Code of 1974 and its amendments. It establishes the criminal misdemeanors and offenses punishable by law. Complementary laws on money laundry, drug control, environmental offenses, fire guns, among others, are also in force.
  • The Code of Criminal Procedure (Código de Procedimiento Penal): In force since 2001. This code derogated the criminal procedure code of 1879 and its reforms. It establishes an accusatory system similar to the US system.
  • The Commercial Code (Código de Comercio): In force since 1917. It regulates the qualification of a person or entity as merchant, the Mercantile Registry, the contracts and obligations, the different types of commercial/business corporations that can be constituted in Nicaragua, fusion, dissolution and bankruptcy of these corporations, etc. Several laws have been enacted to update the Nicaraguan legal system, for example: The Securities Law (Ley General de Titulos Valores) of 1971, the Insurance Companies Law (Ley General de Instituciones de Seguros) of 1970 which was later derogated by the General Law of Insurance (Ley General de Seguros) of 2010, the Stock Market Law (Ley de Mercado de Capitales) of 2006, the General Law of Public Registries (Ley General de Registros Públicos) of 2009, all of which derogated the corresponding titles of the Commercial Code, among other laws.
  • The Labor Code (Código del Trabajo): In force since 1996. It governs the relationship between employer and employee.

The codes can be viewed at the National Assembly website. They are also available in print form from publishing companies like Editorial Bitecsa and Editorial Juridica. Codes are sold at specialized bookstores.

4.2. Treaties

Article 182 of the Constitution contains the principle of constitutional supremacy which establishes that the Constitution is above any law, treaty, order or disposition. In Nicaragua, the President of the Republic is the representative of the nation before the international community. In this sense, according to Article 150, section 8, he oversees directing the international relations of the Republic, and of negotiating and signing treaties. Once the President has signed a treaty, to become law, the National Assembly has to approve it. [28] However, the treaty can only be debated, approved or denied in general, and no changes can be introduced or made.[29]

4.3. Jurisprudence

According to article 25 of the Civil Procedure Code the judges or tribunals have the duty to resolve the petitions of the parties and it establishes that if there is no law regulating the matter, they should follow at first the general principles of law and then the legal doctrine or jurisprudence. However, there is not a specific number of uniforms judgments mentioned. The same statement is found in Article 18 of the Organic Law of the Judicial Branch.

4.4. Customs and Usages

Customs and usages are an important source of law in commercial law. These sources of law are expressly recognized in Article 2 of the Commercial Code and article 24 of the Civil Procedure Code.

5. DR-CAFTA

In an effort to improve the economic and social development of the country, the Nicaraguan government engaged in negotiations with United States to participate, together with the rest of the Central American countries and the Dominican Republic, in the biggest free trade agreement in the history of the region: the Dominican Republic – Central America Free Trade Agreement (DR-CAFTA). The DR-CAFTA removes barriers to trade with and investment in the region and furthers regional economic integration. [30] Under the Agreement, more than 80% of U.S. consumer and industrial exports and over half of U.S. farms exports to Central America would become duty-free immediately. [31] For the DR-CAFTA countries, 100% of non-textile and non-agricultural goods would enter the United States duty free immediately.

In addition to its economic regulations, the DR-CAFTA includes an “Intellectual Property Rights” section – chapter 15 – which includes general provisions governing the whole chapter and specific provisions dealing with trademarks, geographical indications, domain names, copyrights and related rights, patents and regulated products and enforcement.

CAFTA negotiation was completed on a very short timeline (one calendar year January – December 2003, over 10 rounds). The Bush Administration pursued the CAFTA negotiations based on a bill approved by the U.S. Congress to confer Trade Promotion Authority (or “Fast Track”) to the White House; under “Fast Track,” Congress is limited to an up or down vote and cannot amend a trade agreement. CAFTA was signed on May 28, 2004 in Washington D.C. Bilateral negotiations between United States and Dominican Republic were held on January – July 2004 (4 rounds). The Dominican Republic signed CAFTA on August 8, 2004 becoming then DR – CAFTA.

So far, CAFTA has been already approved by the US Congress and by the National Assemblies of Honduras, El Salvador, Nicaragua (October 2005), Costa Rica, Guatemala and Dominican Republic. Its entry into force in Nicaragua was April 1, 2006.

6. Foreign Investment

The Constitution establishes that all companies organized under any of the type of properties protected by it (private, public, cooperative, associative and communitarian) enjoy equality before the law and economic policies of the State. This statement implies a general principle of equality between national and foreign investors.

In 2000 the Promotion of Foreign Investments Law (Ley de Promoción de Inversiones Extranjeras) was enacted.[32] This law basically enunciates the principle established by the Constitution and extends it. The Law states specifically that the foreign investor is subject to all the legal rules of general observance in the Nicaraguan territory and that the foreign investor enjoys the same rights and enforcement mechanisms that the law grants to Nicaraguan investors.[33] There are also other sector-specific laws that provide different incentives for investment such as the Law of Tax-Free Zones, Law for the Promotion of Tourism, Law on Temporary Admission to Facilitate Exports, Law for the Promotion of Electricity Generation with Renewable Sources, Law on Exploration and Exploitation of Mines, among others.

As an additional effort to attract foreign investment in 2006 the President of the Republic enacted the Executive Decree Nº 55- 2006 of Creation of a Single Window of Investment for the Facilitation of Procedures in the Organization of Business Enterprises (Creación de la ventanilla única de inversiones para la facilitación de trámites en la formación de empresas).[34] This office expects to speed up the procedures that involve the participation of the public administration.

The DR-CAFTA also dedicates Chapter 10 to Foreign Direct Investment. The Agreement represents a detailed set of rules regulating the topic. In the text, definitions of investors, investment and covered investment are found.

The principles of National Treatment, Most Favoured Nation and Minimum Standard Treatment apply to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.[35]

Regarding restitution or compensation, the Agreement states that each party shall accord to investors of another party, and to covered investments, non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory due to armed conflict or civil strife. If an investor of a party, suffers a loss in the territory of another party resulting from a) requisitioning of its covered investment or part thereof by the latter’s forces or authorities; or b) destruction of its covered investment or part thereof by the latter’s forces or authorities, which was not required by the necessity of the situation, the latter party shall provide to the investor, restitution or compensation, which in either case shall be in accordance with customary international law and compensation shall be paid with no delay, and it shall be equivalent to the fair market value, fully realizable and freely transferable.

In the event of an investment dispute, the claimant and the respondent should at first seek to resolve the dispute through consultation and negotiation, which may include the use of non-binding, third-party procedures such as conciliation and mediation. If dispute is not resolved, the proceeding of the chapter concerning dispute settlements shall be applied.

The Law of Tax-Free Zones (Ley de Zona Franca) gives investors certain benefits in order to promote exportations, such as exoneration of the income tax for up to 10 years, exoneration of the import tax on all raw materials that are necessary for operations, exoneration of the import tax on all machinery needed for production.

Under the Law for the Promotion of Tourism (Ley de Incentivo a la Industria Turistica) all touristic organizations or attractions have the benefit of an income tax exoneration for up to ten years and the exoneration of the municipal tax and import tax on all machinery and necessary equipment.

According to the Law for the Promotion of Electricity Generation with Renewable Sources, an exoneration of all taxes for the exploitation of natural resources is granted for a period of 5 years after beginning operations. There is also exoneration of the payment of Import Duties (DAI) and Value Added Tax (VAT) for machinery, equipment, materials and inputs intended for pre-investment and construction work.

The Law on Exploration and Exploitation of Mines grants exoneration of the payment of taxes levied on the company’s real estate within the perimeter of the mining concession, enables the company to apply for the temporary admission regime and the rate for exports is zero percent (0%).

6.1. Expropriation

In principle the Constitution guarantees the right of private property (movable or real estate).[36] However, the Constitution contemplates expropriation in cases of social interest or public utility. Any taking is subject to previous fair compensation in legal currency.[37] The DR-CAFTA also provides that no party shall expropriate or nationalize a covered investment either directly or indirectly through measures equivalent to expropriation or nationalization, except for a public purpose, in a non-discriminatory manner, subject to payment of a prompt, adequate and effective compensation. Compensation shall be paid with no delay, and it shall be equivalent to the fair market value, fully usable and freely transferable.

7. Research Tools

7.1. Government Internet Sites

Executive Branch

Legislative Branch

Judicial Branch

Other State Organs

Public Registries

7.2. Legal Associations

7.3. Law Schools

7.4. Books and Publications

Legal Databases

Case-law

The Supreme Court of Justice publishes its opinions in Judicial Bulletins (Boletines Judiciales).[38] Online access to jurisprudence is possible throughout the webpage of Supreme Court. However, the jurisprudence posted online is not accurate according to the real number of rulings in existence. CD-ROMs with this case-law are also available. The Supreme Court of Justice Library is also a resource to research case-law. In addition, the law libraries of the Law Schools offer a complete collection of the Judicial Bulletins.

General Libraries

  • Library of the Central Bank “Jaime Incer Barquero” (Biblioteca del Banco Central “Jaime Incer Barquero”). Address: Km 7 Carretera Sur Managua. Tel: +505 22557171
  • Biblioteca “Presbitero Dr. Tomas Ruiz”. Address: Carretera bypass, frente a FUNDECI, Leon. Tel: +505 23114628
  • National Library “Rubén Darío”

Periodicals

  • La Gaceta, Diario Oficial (Official Gazette). It is the periodical publication where all laws, decrees, accords, resolutions, etc. are published. In order to get access to it you have to pay C$ 45.00 cordobas (almost USD2.00) or get a membership. Online access is also available through the Presidency of the Republic webpage, but right now this page is under construction.
  • Revista “Encuentro,” Universidad Centroamericana.
  • Revista “Envío,” Universidad Centroamericana.

Books

  • Mantica, Carlos. El habla nicaragüense y otros ensayos. Hispamer, 1998.
  • Castillo Masis, Ignacio. La funcionalidad del poder legislativo en Nicaragua. MIFIC-GTZ, 2000.
  • Esgueva Gomez, Antonio. Las Constituciones Politicas y sus reformas en la historia de Nicaragua. Editorial EL PARLAMENTO, 1994.
  • Garcia Vilchez, Julio Ramon. El control constitucional en Nicaragua. Corte Suprema de Justicia, 2000.
  • Solorzano Reñazco, Anibal. Glosas al Codigo de Comercio de Nicaragua: Concordancia y Jurisprudencia. Hispamer, 1999.
  • Navas Mendoza, Azucena. Curso Basico de Derecho Mercantil, Tomo I y II. Editorial Universitaria UNAN-León, 2003 y 2004.
  • Escobar Fornos, Ivan. Contratos I y II. Universidad Centroamericana, 1991.
  • Escobar Fornos, Ivan. Derecho de Obligaciones. Hispamer, 2000.
  • Buitrago, Roberto. Manual del Notario. BITECSA, 1959.
  • Perez Ortega, Raul. Manual de Jueces de Distrito Civil. Escuela Judicial, 1995.
  • Bendaña Guerrero, Guy. Curso de Derechos de Autor y Derechos Conexos. Hispamer, 2006.
  • Castellon Barreto, Ernesto. Manual de Procesal Penal. BITECSA, 2000.
  • Blandon Garcia, America y Sergio. Compendio de Consultas ante la Corte Suprema de Justicia 1980-1999, Tomo I y II. EDITASA, 2003.
  • Baez Cortes, Theodulo y Julio Francisco. Todo sobre impuestos en Nicaragua. INIET, 2005.
  • Huembes y Huembes, Juan. Diccionario de Jurisprudencia Nicaraguense. Managua: Editorial Alemana, 1964.

7.5. Newspapers

  • The former newspapers in Nicaragua were La Prensa andEl Nuevo Diario. Nevertheless, due to the current socio-political crisis that Nicaragua is going through since April 2018, El Nuevo Diario had to close operations and La Prensa only keeps its online format.

7.6. Participation in International Organizations

  • WTO, WIPO, UN, among others.
  • Central American Court of Justice
  • Organization of American States (OAS)
  • ILO (International Labor Organization)
  • Interamerican Court of Human Rights
  • International Court of Justice (The Hague)
  • World Health Organization (WHO)
  • Pan-American Health Organization (PHO)

[1] The official gazette (in Spanish La Gaceta, Diario Oficial) is the periodical publication where the different bodies of law are published after being approved by the National Assembly.

[2] Article 187 of the Constitution.

[3] Article 188 of the Constitution.

[4] It is also called “Exhibicion Personal.”

[5] Article 189 of the Constitution.

[6] Article 176 of the Constitution.

[7] Article 177 of the Constitution.

[8] Article 144 of the Constitution.

[9] Article 148 of the Constitution.

[10] Article 145 of the Constitution.

[11] Idem.

[12] This was one of the changes introduced by the constitutional reform of 2005, therefore, it is not yet effective as explained in section 2.0

[13] Article 132 of the Constitution.

[14] Article 138 of the Constitution. This article enumerates the 32 duties of the National Assembly.

[15] Article 165 of the Constitution.

[16] Article 20 of the Organic Law of the Judicial Branch.

[17] Article 168 of the Constitution.

[18] Article 169 of the Constitution.

[19] Article 170 of the Constitution.

[20] Article 24, Organic Law of the Public Prosecutor’s Office.

[21] Article 7 Organic Law of the Attorney General’s Office.

[22] Article 141 of the Constitution.

[23] Idem.

[24] Idem.

[25] Idem.

[26] Idem.

[27] See Section 7.4. Books and Publications of this Article, sub-section Periodicals.

[28] Article 138, section 12 of the Constitution.

[29] Idem.

[30] Office of the United States Trade Representative Press Release, 2006 National Trade Estimate Report on Foreign Trade Barriers(March 30, 2005, last viewed April 1, 2020).

[31] CRS Report for Congress, The Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA)(January 3, 2005). See The Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), everyCRSReport.com, (April 25, 2003 – January 8, 2009) for additional revisions of this report. Also see, J.F. Hornbeck, The Dominican Republic-Central AmericaUnited States Free Trade Agreement (CAFTADR): Developments in Trade and Investment, RS Report (April 9, 2012).

[32] Published in the official gazette Nº 97 of May 24, 2000.

[33] Article 3 of the Promotion of Foreign Investment Law.

[34] Published in the official gazette Nº 168 of August 29, 2006.

[35] National Treatment and Most Favoured Nation are two principles of the World Trade Organization.

[36] Article 44 of the Constitution.

[37] Idem.

[38] Judicial Bulletins are the official periodical publications issued by the Supreme Court of Justice.