Council of the Magistracy. Procedures for the designation of surrogates.
Sanctioned: June 10, 2015
Enacted: June 17, 2015
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
The Council of the Magistrature shall appoint subrogants in accordance with the provisions of this law, in cases of license, suspension, vacancy, recusal, excuse or any other impediment of the judges or judges of the courts. inferior to the Supreme Court of Justice of the Nation. In case of a license less than or equal to sixty (60) days, the designation shall be made by the chamber of the jurisdiction, with immediate communication to the Council of the Magistrature, which may ratify or modify it.
In cases of courts with electoral competence, the proposal must be formulated by the National Electoral Chamber.
In the case of courts in respect of which the time limit laid down by the law of creation for its implementation has elapsed, the necessary budgetary credit for the qualification shall be provided and the contest shall be completed. To cover the vacancy, the Council of the Magistrature may designate a subrogant in accordance with the terms of this law and make effective its immediate operation.
The Council of the Magistrature shall appoint subrogants by an absolute majority of the members present.
The designation shall be made with a judge or judge of equal jurisdiction of the same jurisdiction or with a member of the list of judges drawn up in accordance with the provisions of Article 3 of this Law.
The chambers must communicate the need to appoint subrogants to the Council of the Magistracy.
The Magistrates ' Selection Board and the Judicial School of the Council of the Magistrature shall draw up every six (6) years, a list of judges for each jurisdiction, jurisdiction and instance, which shall be integrated with twenty (20) lawyers and lawyers, and 20 (20) judicial secretaries and secretaries. Such lists shall be submitted to the Plenary of the appointed Council. Once approved, they will be sent to the national executive branch, for further referral to the Honorable Senate of the Nation, for the purpose of requesting the respective agreement.
The members of the list shall be lawyers and lawyers of the federal registry and secretaries and secretaries of national or federal justice, who have the other legal requirements required for the holder of the office.
Lawyers and lawyers who wish to integrate the list of judges must register with the Magistrates ' Selection Commission and the Judicial School of the Council of the Magistrature, which will establish the opportunity and the procedure for such inscriptions.
The national and federal chambers shall refer to the Magistrates ' Selection Commission and the Judicial School of the Council of the Magistracy, the payroll and the curriculum vitae of the secretaries and judicial secretariats of all the institutions of their jurisdiction, which would have expressed agreement to integrate the lists of judges. This is without prejudice to the fact that the registration can be carried out, directly before the Commission of the Selection of Magistrates and the Judicial School, at the opportunity and in accordance with the procedure approved by the said Commission.
The lists of judges to be subrogated in courts with electoral competence will be made up with the payroll sent by the National Electoral Chamber.
The lists may be extended, in accordance with the provisions of this Article, in the event that the judges have been exhausted and none exist under subrogation.
For the purposes of selecting the subrogants, the Magistrates ' Selection Commission and the Judicial School of the Council of the Magistrature, will issue an opinion that will be considered the Plenary of the appointed Council.
The professional and disciplinary backgrounds of candidates and candidates must be taken into account, and their willingness to devote themselves exclusively to the fulfilment of the role assigned to them will be considered.
ARTICLE 4 °-
For the exceptional assumption that a list of judges with agreement of the Honorable Senate of the Nation is not available for the immediate application of this law, the Council of the Magistrature will appoint surrogates from the list approved by the Plenary. These designations will have a maximum period of time of ninety (90) working days, which can be extended for the same time.
Those who are designated as subrogants shall be entitled to remuneration equivalent to that corresponding to the function they perform.
In the case of magistrates or magistrates who carry out their duties together with another of the same hierarchy, their task shall be remunerated with an increase consisting of the third part of the remuneration corresponding to the function which it subrogates.
Those who come from the civil service and have been appointed as surrogates shall be granted leave without any enjoyment of their duties, for the duration of the subrogation.
The subrogants intended to occupy the office in question until the cause of their designation ceases, without prejudice to the responsibilities and obligations inherent in the function.
The Council of the Judiciary will be the Enforcement Authority of the subrogations of the lower courts of the Supreme Court of Justice of the Nation.
The second paragraph of Article 7 (2) and Article 31 of Decree-Law 1285/58, laws 26.372 and 26.376 and any other rule which is opposed to the present are repealed.
The repeal to which the first part of the article refers will produce effects in all competitions, whatever state they are in.
This law shall enter into force from the date of its publication. The lists of judges who at that time will have the agreement of the Honorable Senate of the Nation, in the terms of laws 26.372 and 26.376, will continue in force for the purposes of this law.
Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TEN DAYS OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO 27145-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.