Joticia Regimen De Subrogancias - Full Text Of The Norm

Original Language Title: JUSTICIA REGIMEN DE SUBROGANCIAS - Texto completo de la norma

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JUSTICE

Law 27439

Subrogance regimen.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

Article 1 - The temporary integration of the lower courts of the Nation in the event of a licence, suspension, waiver, removal or other impediment of its head judges is called subrogance.

For cases of recusal or excuse, the rules provided for in the procedural codes applicable to the territorial jurisdiction and the jurisdiction concerned shall be applied, and subsidiarily, the terms of this Act.

Art. 2° – In the event of a licence, suspension, waiver, removal or other impediment of judges of first instance of any jurisdiction or jurisdiction, the respective chamber shall proceed to the appointment of a (1) deputy judge within three (3) days of the case involving subrogation, and in accordance with the following order:

(a) With one (1) judge of equal jurisdiction and of the same territorial jurisdiction or, failing that, of the same territorial jurisdiction and of similar jurisdiction or, where that was not possible, with a judge of the nearest territorial jurisdiction, with the exception of those judges who register significant delays in their cases;

(b) With one (1) comprehension of the list made in accordance with the provisions of articles 8 and 9 of the present law; the respective chamber shall give pre-eminence to those disputes which reside in the territorial jurisdiction of the court concerned.

Art. 3° – In the event of a licence, suspension, waiver, removal or other impediment of the members of the federal criminal courts based in the Autonomous City of Buenos Aires or in the provinces, and of the oral courts in the economic criminal case, the Federal Chamber of Criminal Cassation shall designate one (1) subrogative member within three (3) days of the case involving subrogance, according to the following order:

(a) With one (1) member of a tribunal of equal jurisdiction and of the same territorial jurisdiction or, in its absence, of the same territorial jurisdiction and of similar jurisdiction or, where that is not possible, with a member of a court of the nearest jurisdiction, with the exception of those judges who register significant delays in the cases in charge;

(b) With one (1) comprehension of the list made in accordance with the provisions of articles 8 and 9 of the present law; the respective chamber shall give pre-eminence to those disputes which reside in the territorial jurisdiction of the court concerned.

Art. 4° – In the event of a licence, suspension, waiver, removal or other impediment of members of the oral criminal courts and of the oral courts of minors based in the Autonomous City of Buenos Aires, the National Chamber of Cassation in the Criminal and Correctional Court with seat in the same city shall designate a (1) subrogant within three (3) days of the case that motivates the subrogance, according to the following order:

(a) With one (1) member of a tribunal of equal jurisdiction and of the same territorial jurisdiction or, in its absence, of the same territorial jurisdiction and of similar jurisdiction or, where that is not possible, with a member of a court of the nearest territorial jurisdiction, with the exception of those judges who register significant delays in the cases in charge;

(b) With one (1) comprehension of the list made in accordance with the provisions of articles 8 and 9 of the present law; the respective chamber shall give pre-eminence to those disputes which reside in the territorial jurisdiction of the court concerned.

Article 5: In the event of a licence, suspension, waiver, removal or other impediment of members of the national or federal chambers, it shall be the court itself that resolves the subrogance, in accordance with the following provisions:

The Federal Chamber of Criminal Cassation, the federal appeals chambers and the National Court of Appeals in the Economic Penalty shall be composed by public lots among the other members of each of them. If it is not possible, the appointment shall be made with the judges of the next chamber in the same territorial jurisdiction, in accordance with the order set out above. If this is not feasible, it shall be integrated by public lots, with the members of the oral courts, and in the absence of them, with one (1) integral guess of the list made in accordance with the provisions of articles 8° and 9° of this law; the respective chamber shall give preeminence to those conjures that reside in the territorial jurisdiction of the chamber concerned.

The National Chamber of Criminal and Correctional Cassation and the National Criminal and Correctional Appeals Chamber, both with a seat in the Autonomous City of Buenos Aires, will be joined, by public drawing, among the other members of each of them. If it is not possible, the appointment shall be made in each chamber with the judges of the other. If this is not feasible, it will be integrated by public drawings with the members of the oral courts, and in default of them, with one (1) member of the list made in accordance with the provisions of articles 8 and 9 of this law; the respective chamber shall give pre-eminence to those conjudges that reside in the territorial jurisdiction of the chamber concerned.

National appeals chambers in the federal civil and commercial sphere, in the federal administrative content, the Federal Social Security Chamber and the national appeals chambers in the civil, in the commercial, in the work and in the consumption relations, with seat in the Autonomous City of Buenos Aires will be integrated by public drawing, among the other members of each of them. If this is not feasible, they shall be integrated with a (1) integral conjutant of the list made in accordance with the provisions of Articles 8 and 9 of this Law; the respective chamber shall give preeminence to those conjures that reside in the territorial jurisdiction of the chamber concerned.

Art. 6° – In the event of a license, suspension, waiver, removal or other impediment to the National Electoral Chamber with a seat in the Autonomous City of Buenos Aires, the Chamber of Appeals will be composed by public drawings between the members of the National Court of Appeals in the Civil and Commercial Federal and in the event that this is not possible, between the members of the National Appeals Chamber in the Federal Administrative Contentious, both based in the Autonomous City of Buenos Aires.

In the event of a licence, suspension, waiver, removal or other impediment of the members of the lower courts with electoral competence, the appointment shall be made by the National Electoral Chamber with a seat in the Autonomous City of Buenos Aires, from a list of candidates prepared by the Magistracy Council, as provided for in articles 8 and 9 of this law.

Art. 7° – Reporting the existence of a vacancy in the terms of Articles 2°, 3°, 4° and 6° of the present, the Federal or National Chamber which, by jurisdiction, shall proceed to disinsaculate the subrogant by means of public drawing for the purpose of proceeding to the coverage of the position. The subrogant may, within five (5) days of notifying his designation, be excused from covering the position based on the existence of grounds that amount to a serious injury to the normal development of the activity of the court or court. The competent Federal or National Chamber shall, within five (5) days, resolve the matter by rejecting or accepting the excuse, in which case a new subrogant judge shall proceed to dismiss.

Upon completion of the priority order set out in Articles 2°, 3° and 4° of the present, the appeals chambers may convene:

(a) Judges appointed by the national executive branch, in accordance with the Honourable Senate of the Nation, who had not been placed in office for membership in an unencumbered court or court and who have a competent material competence;

(b) Retired judges under article 16 of Act 24,018 and their amendments, who had not reached the age of seventy-five (75) years.

The parties concerned under subparagraph (b) of this article shall be registered in the registry that has the respective chambers.

For purposes of appointing subrogative judges who do not register significant delays, the appeals chambers must, as a minimum requirement, establish that they do not register repeated breaches within the legal time limits for the issuance of judgements that establish the applicable procedural codes.

Art. 8° – The Council of the Magistracy will draw up a list of conjures by each national or federal chamber to act in the same chamber and in all the courts that depend on it. They will be able to integrate the list of contests, without requiring a new public background contest, the applicants who have approved a contest in the last three (3) years to compute from the date of entry into force of this law and who have obtained more than fifty percent (50 percent) of score in the opposition instance. In this case, the prior conformity of potential members should be required.

The lists should be approved by the plenary of the Magistracy Council by a two-thirds majority (2/3) of its members present. Once approved, they shall be referred to the national executive branch, which shall designate between them, and with agreement of the Honorable Senate of the Nation, between ten (10) and thirty (30) conjures by each national or federal chamber, according to the need of the respective jurisdictions.

Art. 9° – Applicants wishing to integrate the lists of conjudges must register with the Judicial Selection Commission of the Magistrates Council, which shall establish the opportunity and the procedure for which they are entitled.

Art. 10. – People who, at the time of the approval of the lists by the plenary of the Council of the Magistracy or, where appropriate, at the time of the appointment by the national executive branch shall not be able to integrate the lists:

(a) Judges of the Judiciary of the Nation or of the Public Prosecutor ' s Office have been appointed;

(b) They are suspended or removed from the Judiciary of the Nation;

(c) To be achieved by the incompatibility provided for in Decree-Law 1.285/58, ratified by law 14.467 and its amendments;

(d) They would have served as a hierarchical public service during the last civic-military dictatorship in the national, provincial or municipal order;

(e) Proceedings, or equivalents in local jurisdictions, for misdemeanours, are found, and such prosecutions are firm.

At the time of their appointment as subrogative judges, they must declare that there are no cases in any of the above-mentioned cases. Regulations issued by the respective chambers should provide for mechanisms to fulfil this obligation.

Art. 11. – Those appointed as subrogative judges shall have the right to a retribution equivalent to that corresponding to their role. If they are judges who exercise their office simultaneously with another of the same hierarchy, their task will be paid with an increase of one third of the retribution corresponding to the function that subrogates. In both cases, the retribution will apply as long as the subrogation period lasts.

Art. 12. – Disciplinary and removal procedures of the subrogants shall be carried out in the same terms as those established for the incumbent judges.

Art. 13. – Subrogant judges will remain in office until the end of the case that generated their appointment. In no case shall the subrogance exceed the period of one (1) year from the designation, which shall be extended by the same time as a justified cause, to which the expiry of the full right of the same shall be due, and the subsequent proceedings shall be invalid, without prejudice to the administrative or penal sanctions that may correspond.

The Chambers shall report to the Magistracy Council bimonthly the status of subrogation of their respective jurisdictions.

In the event that the case generated by the licence, suspension, waiver, removal or other impediment of a judge is final, the chamber shall communicate such a situation within three (3) days of the vacancy to the Council of the Magistracy, in order to comply with the procedure of selection and final designation in the terms of article 99, paragraph 4, of the National Constitution.

The validity of the function of the subrogative judge of an oral court may be extended only in cases where the expiry of the appointment has already been drawn at the time of operation, for the sole purpose of resolving the appointments and until the final judgement is rendered.

Art. 14. – It will be null and void of absolute nullity to appoint a deputy judge to serve in a court or tribunal that had not previously counted on judges appointed under the ordinary constitutional procedure.

Art. 15. – This law will enter into force on the day after its publication in the Official Gazette.

Art. 16. – Default of Law 27.145.

Art. 17. – Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF APRIL OF THE YEAR DOS MIL DIECIOCHO.

— REGISTRATE BAJO N° 27439 —

MARTA G. MICHETTI - EMILIO MONZÓ - Eugenio Inchausti - Juan P. Tunessi

Buenos Aires City, 05/06/2018

Pursuant to article 80 of the National Constitution, I certify that Law No. 27.439 (IF-2018-21376085-APN-DSGA#SLYT) sanctioned by the HONORABLE CONGRESS OF NATION on April 25, 2018, has been enacted in fact on May 23, 2018.

For publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF NATION and, for its knowledge and other effects, withdraw to the Ministry of Justice and Human Rights. Implemented, arched. Pablo Clusellas

e. 06/06/2018 N° 40386/18 v