JUSTICE

Law 26,861

Democratic and equal entry of personnel to the Judicial Branch of the Nation and the Public Ministry of the Nation. Sanctioned: May 29, 2013 Enacted: May 31, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

CHAPTER I

General provisions

ARTICLE 1-Object. The purpose of this law is to regulate the democratic and equal entry of personnel to the Judicial Branch of the Nation and the Public Ministry of the Nation, through the procedure of public tender.

ARTICLE 2-General provisions. The entry of staff to the jurisdictions referred to in Article 1 is governed by the provisions of this Law and the regulations which are dictated by it. In those cases where the appointment of staff on a permanent, interim, transitional or contract basis with a dependent on a temporary basis is required, it shall be the responsibility of the implementing authority to which it is appointed. the procedures laid down in this law.

ARTICLE 3-Scope. The provisions of this law apply to competitions that are held to access the legal, employee and staff of maestranza and offices of the Judicial Branch of the Nation and the Public Ministry of the Nation, with the limit imposed by Article 113 of the National Constitution with respect to the officials and employees of the Supreme Court of Justice of the Nation, with the exception of the present law to the officials and employees who are directly dependent on the the central government structure and administration of the General Administration of the Nation, the General Office of the Nation and the Council of the Magistracy.

ARTICLE 4 °-Charges in which you can enter. Only the Judicial Branch of the Nation and the Public Ministry of the Nation can be entered as an employee and staff of maestranza and trades in the office of lesser hierarchy and as an official in the legal charges, through the system of contests that is governed by this law. The other charges of the steps corresponding to the Judicial Branch of the Nation and the Ministry

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Public of the Nation, will continue to be assigned in accordance with the current regulations, without prejudice to the provisions of article 37 of this law.

ARTICLE 5-Direct designation. Exception. Exceptionally, it may be possible to enter by direct designation in the positions of the House rapporteur and private secretary of first instance, but such agents will not be able to be promoted to permanent plant in the final form. In addition, the holder of the dependency may directly designate two (2) legal charges, under the same conditions as the one set out in the preceding paragraph.

ARTICLE 6-Requirements to enter as staff of maestranza and trades. For the staff of maestranza and trades, it is necessary to be of age, to have complete primary studies, to have suitability and psychotechnical aptitude for this position, accredited by means of the procedure of public tender, without prejudice to other requirements that may be required for those who are required to perform tasks for which special knowledge is necessary.

ARTICLE 7 °-Requirements for entering as an employee. In order to enter as an employee it is necessary to be older, to have complete secondary studies and to prove suitability for this position, verified through public tender. Technical fitness for the position should also be provided, without prejudice to other requirements which may be required of those who are required to carry out tasks for which special technical expertise is required.

ARTICLE 8 °-Requirements for entering the legal charges. For the legal charges, it is necessary to be Argentine or permanent resident in the country, older and lawyer graduated in public or private national university officially recognized or foreign with title duly approved by the Ministry of Education; having the required suitability for the exercise of the functions, verified through public competition of antecedents and opposition, as well as psychotechnical aptitude for their performance.

ARTICLE 9 °-Cupp for the disabled. Four per cent (4 per cent), at least, of the charges to be covered, must be occupied by persons with disabilities who meet the necessary requirements for the charge.

ARTICLE 10. -Application Authority. The contests for the entry to the Judicial Branch of the Nation in the related charges, must be held in the Supreme Court of Justice of the Nation, and those of admission to the Public Ministry of the Nation must be carried out in the Attorney General Nation or the General Office of the Nation, as appropriate.

ARTICLE 11. -Integration. In each case, the Supreme Court of Justice of the Nation and the Public Ministry of the Nation, in the field of their respective competences, will have the integration of the organs responsible for substantiating the contests. Regional competitions should be set up in all jurisdictions, in order to ensure the participation of all citizens of the country.

ARTICLE 12. -Contests. The substantiation of the competitions must be carried out in accordance with what is established by the implementing authority, respecting the principles of advertising, competition, equality and transparency. The implementing authority should establish an examination programme, identify the material,

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publish their contents via the website together with the call for tenders, take the examinations and carry out the relevant assessments, in accordance with the applicable rules.

ARTICLE 13. -Registration form. The applicant must submit the registration form to the implementing authority, either personally or via the Internet, in the month of March of each year, stating his preference for the subject matter of each jurisdiction, and of the craft by trade, if I had it.

ARTICLE 14. -General requirements. In the registration form the applicants must detail: (a) Full name and name; (b) Real address and constituted for the purposes of the procedure, in the city where the seat of the unit is located for which it is present, telephone number and e-mail; (c) Place and date of birth; (d) Nationality; (e) marital status, if any, name of spouse or survivor and children, if any; (f) Photocopy of the identity document; (g) Academic, occupational and professional background, with the documentation certifying it, in case of correspond; if publications are presented, they must be linked to the specialty of (h) Photocopy of the title he holds, the original being displayed, which is returned to the act, prior to collation by the secretariat, of what is recorded in the copy added to the presentation; (i) The applicants for legal charges which are carry out or have performed in the Judicial Branch of the Nation or in the Public Ministry of the Nation shall record the data of his personal file; those who have been held in the Judicial Branch or in the Public Ministry of the the provinces or courts of public administration shall add a certificate stating: 1. Date of entry and egress if any. 2. Cargos performed. 3. Extraordinary licenses granted in the last two (2) years. 4. disciplinary penalties applied with an indication of date and reason. (j) In the case of registered lawyers, they must accompany the certificate of the respective professional college, of which the age and state of the registration arise and if they were subject to disciplinary sanctions in the exercise of the profession.

ARTICLE 15. -Record of registration. The presentation of the form in time and form shall be extended to the applicant a record of registration, which shall record the date and time of receipt, as well as the details of the documents attached.

ARTICLE 16. -provisional list. After the deadline for registration, the implementing authority shall establish a provisional list with all the entries, which must be published in the body responsible for substantiating the contest and on its website.

ARTICLE 17. -Impediments to income. It is not possible to enter the Nation's Judicial Branch or the Public Ministry of the Nation, who does not comply with the requirements set out in Article 14 of this Law or the applicant who at the date of filing the form: (a) convicted of criminal offences in the last five (5) years; (b) He would have been convicted of crimes against public administration under the Criminal Code;

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(c) He was legally disqualified from holding public office; (d) He had been found liable, for a firm conviction to participate in any manner in the cases referred to in Article 36 of the National Constitution and in Title X of the Second Book of the Penal Code, even though it would have benefited him with pardon or remission of the penalty.

ARTICLE 18. -Minutes. Definitive list of registered entries. Within five (5) days after the registration is closed, the official in charge must produce a record and then a list in which the registered registrations that would have met the requirements will be definitively recorded. required in this law.

CHAPTER II

The income of employees and staff of maestranza and trades

ARTICLE 19. -The entry to the Judicial Branch of the Nation and the Public Ministry of the Nation in order to perform as staff of maestranza and trades in the position of lower hierarchy, in addition to the requirements mentioned in Article 14, will require the execution of a personal interview and a training test in his or her trade or activity and subsequent public sweepstakes, in accordance with the provisions of the following Articles of this Chapter as soon as they are applicable.

ARTICLE 20. -The entry to the Judicial Branch of the Nation and the Public Ministry of the Nation to perform as an employee in the office of lower hierarchy will be made through the examination and subsequent public sweepstakes, as the forecasts of the following articles of this Chapter.

ARTICLE 21. -Examination. Conformed the definitive list of entries provided for in article 18 of this law, a date must be set for the applicants to give a written examination, to be carried out within the next thirty (30) days, under the system of option multiple, which will comprise different evaluations, to be developed in the following order: a) Evaluation of theoretical knowledge; b) Assessment of knowledge in computer science; c) psycho-physical evaluation.

ARTICLE 22. -Causals of elimination. Applicants will be subject to elimination for the following reasons: (a) Re-test examinations; (b) Not attending or presenting an unjustified delay; (c) Absent from the examination. In cases of force majeure which set out any of these causes, applicants must submit to the office and within the time limit which the implementing authority determines, a document with the justification and documentation proving to be authentic. (a) such a situation, the validity of which is being considered by that office.

ARTICLE 23. -Ratings regime. Evaluations should be rated from zero (0) to one hundred (100). To access the charge a minimum score of sixty (60) points is required in each of the tests. In the psycho-physical examination, a qualitative weight of the applicant will be provided, only entering the list of applicants who have obtained satisfactory work skills.

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ARTICLE 24. -List of applicants. Draw. The implementing authority shall draw up a list of applicants who have approved the evaluations required by this law. The list must include the name and last name of the applicants, national identity document, and published on the Internet page and in the case of the Supreme Court of Justice of the Nation, the Attorney General's Office or the Attorney General's Office. General Office of the Nation, as appropriate. It should also be published for five (5) days, three (3) days for wide dissemination of the place where the contest is to be held. Future vacancies will be covered by a drawing of all the members of the list, which will be carried out through the National Lottery S.E., in the form, day and time established by the implementing authority, as they are produced. Who has been drawn on an interim or non-permanent charge, will be kept in the listing only for the sweepstakes of effective or permanent charges. When none of the applicants approve the examination, the implementing authority must declare the contest to be deserted and immediately call for a new contest, with an extraordinary new deadline for the registration of applicants.

ARTICLE 25. -Resources. Within five (5) working days of the publication of the list of applicants referred to in the previous article, the contestants may raise the review of the qualification obtained in the examination rendered by invoking the reasons which they consider to be appropriate. That appeal shall be settled by the implementing authority.

ARTICLE 26. -Appointments. Appointments to be made (permanent or non-permanent) to cover vacancies which may be given in any of the posts shall be made in the light of the draw provided for in Article 24 and must be drawn first between the applicants which would not have been designated the previous year. If the vacancy is produced, the selected candidate will be notified at the registered office on his/her income form to appear and accept the position. If within ten (10) days from your notification you do not appear, you will have to withdraw it, exclude it from the list to call a new draw.

ARTICLE 27. -The validity of the lists. The lists referred to in Article 24 shall be valid for two (2) years.

CHAPTER III

From the entrance to the legal charges

ARTICLE 28. -Examination. Conformed the definitive list referred to in article 18 of this law, date shall be set for an anonymous and written examination, within the following thirty (30) days. The examination will consist of the elaboration of a solution to a legal problem, in which the degree of specific knowledge in the area of law will be examined that requires the position for which it concurs and the constitutional norms.

ARTICLE 29. -Ratings regime. The opposition test will be rated from zero (0) to seventy (70) points. To be included in the list of applicants requires a minimum score of

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Forty (40) points. Only those postulants who would have reached the minimum score will be evaluated for the background.

ARTICLE 30. -Qualification and background score. The qualification and score of the antecedents ' antecedents to cover the vacancies that occur in the legal charges, shall be at the maximum of thirty (30) points, according to the following criterion: (a) Up to ten (10) points for the background related to the specialty concerned in the professional performance performed in the Judicial Branch, in the Public Ministry, in public functions or in the practice of law; b) Up to five (5) (c) Up to three (3) points for the approval of postgraduate courses not included in the studies necessary for the attainment of the qualifications provided for in the previous subparagraph, and for participation and assistance to conferences, conferences and seminars; studies or participations shall be specially taken into account (d) up to seven (7) points for the exercise of teaching in the special field of the position for which the person is attending or in the field of the basic disciplines of the science of law; (e) Up to three years (3) points, for publications, in whose assessment their value and originality should be considered; (f) Up to two (2) points for all relevant records of the examining authority. A background that has not been invoked in the application for registration shall not be qualified.

ARTICLE 31. -List of applicants. Order of merit. Once the evaluations have been qualified and the background has been assessed, a list of the final merit order will be drawn up, which will be notified to each of its members to cover future vacancies. In the general list, the name and last name of each applicant, national identity card, as well as the rating earned in the evaluations shall be detailed in the form of publication within five (5) days of the the Supreme Court of Justice of the Nation, the Attorney General of the Nation, or the General Office of the Nation, as appropriate. Where none of the applicants has approved the examination, the competent authority shall declare the contest to be deserted, immediately calling for a new contest.

ARTICLE 32. -Resources. Within five (5) working days of being notified, the contestants may raise the review of the qualification obtained in the opposition test and in the background assessment by invoking the reasons they consider correspond. That appeal shall be settled by the implementing authority.

ARTICLE 33. -Appointments. Appointments that are made (permanent or non-permanent) to cover vacancies that occur on any of the charges will be made taking into account the merit order of the definitive list. The holder, or who will be in charge of the respective dependency, may select the applicant within twenty (20) first of the order of merit. In case the listing is smaller, you can select the candidate from the approved. The list will be suitable as candidates are appointed, always on the basis of the order of merit, so that the holder or who is in charge of the dependency can invariably choose between twenty (20). The order for the holders or those in charge of the dependencies to choose will be given by the dates on which the vacancies are generated.

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Where an effective or permanent vacancy is generated that is being covered on an interim or non-permanent basis, the person who is covering the vacancy shall be designated in that position. The selected candidate will be notified at the last registered office, so that he will appear and accept the position. If, within ten (10) days of your notification, you do not appear, you will have to withdraw it, exclude it from the list.

ARTICLE 34. -The validity of the lists. The lists referred to in Article 31 shall be valid for two (2) years. Applicants shall be kept on those lists during the said period or until their appointment as a permanent post if that is the case first. Whoever is in an interim or non-permanent position will remain on the list only for effective or permanent positions.

ARTICLE 35. -Of the psychotechnical examination. Prior to the appointment, applicants must prove that they possess psychotechnical aptitude for the position, by means of the examination indicated by the competent authority.

CHAPTER IV

Transitional provisions

ARTICLE 36. -Effective. As of the entry into force of this law, only new appointments may be made in the judicial branch of the nation and in the public ministry of the nation, in the posts included in the law, according to the procedure provided for in this law. in this law. By way of exception, from the entry into force of this law and until the first conformation of the lists referred to in Articles 24 and 31, the charges may be covered in a transitional manner. A staff member who is appointed in accordance with the provisions of the preceding paragraph may not be promoted to a permanent plant, without prejudice to the fact that they are in the same position as the other applicants.

ARTICLE 37. -Rights acquired. The application of this law shall not affect the categories reached and the rights and benefits of the contracted personnel inherent in their status as members of the Judicial Branch of the Nation and the Public Ministry of the Nation. remain in their positions in accordance with the prior regulation, being able to request their pass to permanent plant in accordance with the applicable regulations applicable to each case.

ARTICLE 38. -Invitation to the provinces. I invited the provinces and the Autonomous City of Buenos Aires to adhere to the terms of this law.

ARTICLE 39. -Regulations. The implementing authority shall provide the clarifying and complementary rules of this law.

ARTICLE 40. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TWENTY-NINTH DAY OF MAY OF THE YEAR TWO THOUSAND THIRTEEN.

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-REGISTERED UNDER NO 26,861-

BEATRIZ ROJKES from ALPEROVICH. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 03/06/2013

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