JUSTICE justice law 27145 Council of the Magistracy. Procedures for the appointment of substitutes. Sanctioned: 10 June 2015 promulgated: 17 June 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 - the Council of the Magistracy shall appoint substitutes in accordance with the prescribed by this law, in cases of licence, suspension, vacancy, challenge, excusacion or any other impediment of judges or judges of courts inferior to the Supreme Court of Justice of the nation. In case of license lower or equal to sixty (60) days, the designation will be made by the camera of the jurisdiction, with communication immediate to the Council of the judiciary, that can ratify it or modify it. In the cases of courts, electoral competition, the proposal must be made by the National Electoral Chamber. In the case of courts which had passed the period provided for by the law of creation for their operation, they were armed with the necessary budgetary credit for enabling and the competition you will find pending to fill the vacancy, the Council of the judiciary may designate a / to Deputy in accordance with the terms of this Act and make effective its immediate operation.
Article 2nd - the Council of the Magistracy shall appoint substitutes by an absolute majority of the members present. The designation will be made with a judge or judge of equal competition in the same jurisdiction or with a member from the list of associate judges made according to the provisions of article 3 of this law. The Chambers must communicate the need to appoint substitutes to the Council of the judiciary.
Article 3 ° - the Committee of selection of judges and Judicial School of the Council for the judiciary provide every six (6) years, a list of associate judges for each jurisdiction, jurisdiction and instance, which will be integrated with twenty (20) lawyers and lawyers, and twenty (20) clerks and legal secretaries. Such lists will be submitted for consideration by the plenary of the appointed Council. Once approved, they will be sent to the national executive power, for its subsequent referral to the Honorable Senate of the nation, for the purpose of requesting the respective agreement. The members of the list will be lawyers and lawyers federal tuition and Secretaries and Secretaries of national or federal justice, having the other legal requirements applied to the holder of the https://www.boletinoficial.gob.ar/pdf/linkQR/eFRleUcxaGZwZ2xycmZ0RFhoUThyQT09 charge. Attorneys and lawyers wishing to integrate the list of associate judges must register before the selection Committee of judges and school Court of the Council of the Magistracy, which will establish the opportunity and the procedure appropriate to those entries. National and Federal Chambers shall send to the Commission of selection of judges and the Judicial School of the Council for the judiciary, the payroll and the curriculum vitae of the Secretaries and Secretaries Court of all instances of its jurisdiction, that had demonstrated conformity to integrate the lists of deputy judges. This is without prejudice to the registration can be made, directly before the selection Committee of magistrates and Judicial School, at the time and according to the procedure adopted by the Commission. Lists of temporary judges to be subrogated in electoral competition courts shall conform with the payroll referred by the Electoral National Chamber. Lists can be expanded, in accordance with the provisions of this article, in the event that the associate judges have exhausted and there is none in terms of subrogation. For the purposes of selecting the substitutes, the selection Committee of judges and school Court of the Council of the judiciary, shall deliver an opinion which will be put to the plenary of the appointed Council for consideration. The professional and disciplinary backgrounds of candidates should take into account, and deemed especially their availability to devote himself exclusively to the fulfilment of the role assigned to him.
Article 4 ° - to the exceptional case that there is no available a list of associate judges with agreement of the Honorable Senate for immediate implementation of this law, the Council of the Magistracy shall appoint substitutes from the list approved by the plenary. These designations will have a maximum period of ninety (90) days duration, renewable only once for the same term.
Article 5 ° - who are designated as substitutes are entitled to compensation equivalent to that corresponds to the function that develop. If it were judges or magistrates who exercised his office together with another of equal hierarchy, your task will be paid with an increase in the third part of the remuneration that corresponds to the function that subrogates.
Article 6 - who come from the civil service and had been designated substitutes, shall be granted them unpaid salary in his role, duration of subrogation.
Article 7 ° - the substitutes destined will occupy the charge in question until stops the cause that generated their designation, without prejudice to the responsibilities and duties of authority.
Article 8 ° - the Council of the judiciary will be enforcement authority of the subrogation of the courts inferior to the Supreme Court of Justice of the nation.
Article 9 - repeal of the second paragraph of article 7 and article 31 of Decree-Law 1285/58, 26.372 and 26.376 laws and all other standard that is opposed to the present. The repeal to which alludes the first part of the article will produce effects in all the contests, any is the State in that is find.
https://www.boletinoficial.gob.ar/pdf/linkQR/eFRleUcxaGZwZ2xycmZ0RFhoUThyQT09 article 10. -This law shall become effective from the date of its publication. The lists of associate judges that to that time count with agreement of the Honorable Senate of the nation, in them terms of them laws 26.372 and 26.376, will continue to force to them purposes of the present law.
ARTICLE 11. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, ON THE TENTH DAY OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27145 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
Date of publication: 18/06/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/eFRleUcxaGZwZ2xycmZ0RFhoUThyQT09