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Council Of The Magistrate Law 24937 - Amendment - Full Text Of The Rule

Original Language Title: CONSEJO DE LA MAGISTRATURA LEY 24937 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
MAGISTRATURA COUNCIL Law 25,669 Amendment of Law No. 24,937. Sanctioned: October 23, 2002. Promulgated: November 18, 2002.

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

ARTICLE 1 Article 13 of Law 24,937 (t. Decree 816/99) shall be replaced by the following:

"Article 13: Commission for the Selection of Judges and Judicial School. It is his competence to call a public contest of opposition and background to fill the vacancies of judicial magistrates, to carry out the contests, to designate jurors, to evaluate the background of applicants, to designate the proposals of terrestrials by raising them to the plenary of the council and to exercise the other functions established by this law and the rules of procedure that are issued accordingly.

It will be responsible for directing the judicial school in order to attend to the training and improvement of officials and candidates for the judiciary.

Concurrence to the judicial school shall not be mandatory to aspire to charges but may be evaluated for such purposes.

This commission shall be composed of representatives from the academic and scientific fields, and preferably by the representatives of the lawyers, without prejudice to the representation of the other elements.

(a) From the contest: The selection will be made in accordance with the regulations approved by the plenary of the council by a majority of its members in accordance with the following guidelines:

1 . The applicants will be selected by public opposition contest and background. When a vacancy occurs, the commission shall summon the contest to publicize the date of the examinations and the integration of the jury that will evaluate and qualify the opposition evidence of the applicants, informing the interested parties that the contest will be intended to cover all the cows that occur during the examination and until the decision of the plenary, as long as it is the same territorial, matter and degree competition.

2. . Previously, the criteria and mechanisms for the qualification of the examinations and the evaluation of the background will be determined.

3. Las The basis of the opposition test will be the same for all applicants. The written opposition test should see topics directly linked to the function to be covered and evaluate both theoretical and practical training.

(b) Requirements: To be a postulant, it will be necessary to be a native or naturalized Argentine, to have a lawyer's degree, with thirty years of age and eight years of exercise of the profession at least, if you aspire to be a chamber judge, or 28 years of age and six years in the exercise of the profession at least, if you aspire to be a judge of first instance.

Applicants ' payroll should be publicized in order to allow for the appropriate challenges regarding the suitability of candidates.

(c) Procedure: The committee's proposal elaborar will periodically produce lists of jurors for each specialty. These lists shall be composed of judges, federal enrollment lawyers and regular professors, associates and envoys, eméritos and enquiries of law of national, public or private universities, who have been appointed by competitive examination, who meet the requirements required to be members of the council.

The commission will draw three list members, so that each jury will be composed of a judge, a lawyer and a law professor. Members, officials and employees of the council may not be jurors.

The jury will take the exam and qualify the opposition tests of the applicants, raising the notes to the commission, which will qualify the working history at the council headquarters. All of this will be seen by the applicants, who will be able to make objections within five days, for the commission to be issued within thirty working days.

On the basis of the assembled elements and the interview with the applicants, the commission will determine the terna and the priority order that will be raised to the plenary together with the payroll of the applicants who will participate in the personal interview.

The interview with the plenary will be public and will aim to evaluate its suitability, functional fitness and democratic vocation.

The plenary may, on its own, review the qualifications of written examinations, backgrounds, challenges and opinions.

Any modification to the decisions of the commission must be sufficiently substantiated.

The plenary shall take its decision by a two-thirds majority of the members present and the decision shall be irrecurrible.

The total duration of the procedure may not exceed ninety working days counted from the opposition test. The term may be extended for a further sixty working days by a substantial resolution of the plenary.

(d) Publicity: This requirement shall be complied with for three days in the Official Gazette and in a national circulation journal where the data intended to be reported shall be sumptuously referenced by identifying the sites where information is available in large, without prejudice to communications to bar associations and associations of judges.

The council should keep up-to-date the information regarding the calls, and allow access to forms for the registration of applicants on the website that it must have to that end in order to enable all applicants of the Republic to know and access the information sufficiently in advance.

ARTICLE 2 Contact the Executive.