Democratic And Egalitarian Entry Of Personnel To The Judicial Power Of The Nation And The Public Ministry.

Original Language Title: Ingreso democrático e igualitario de personal al Poder Judicial de la Nación y al Ministerio Público de la Nación.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10302221/20160703

Justice Justice Law 26.861 income democratic and egalitarian personnel to the Judicial power of the nation and the Public Ministry. Passed: May 29 2013 promulgated: 31 May 2013 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: chapter I General provisions article 1 - object. This law is to regulate the democratic and egalitarian income from staff to the Judicial power of the nation and the Public Ministry, through the public tender procedure.
Article 2 ° - General provisions. The entry of the jurisdictions referred to in article 1 ° staff is governed by the provisions of this Act and the regulations that under it handed down. In those cases which require the appointment of staff in the form of permanent, interim, transient or contract with relationship of dependency in transient plant, will correspond to authority pursuant to this appointment, according to the procedures laid down in this law.
Article 3 ° - scope. The provisions of this law apply to competitions that occur to access lawyers charges, employees and staff of maintenance and offices of the Judicial power of the nation and the Public Ministry, with the limit imposed by article 113 of the Constitution with respect to officers and employees of the Supreme Court of Justice of the also apart of this law to the officials and employees who depend directly on the central structure of Government and administration of the General procurement of the nation, the General Office of the nation and the Council of the judiciary.
Article 4 ° - positions in which you can enter. You can only enter the Judicial power of the nation and the Public Ministry as employee and maestranza and trades in less hierarchy and office staff as a civil servant on charges lawyers, through the system of competitions is regulated in the present law. The other positions of the rankings for the Judicial power of the nation and the public of the nation https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 Ministry, will continue being assigned in accordance with the regulations in force, without prejudice to the provisions of article 37 of this law.
Article 5 ° - direct appointment. Exception. Exceptionally you can enter by direct appointment in positions of Chamber and private trial Secretary rapporteur, but such agents may not be promoted to permanent plant definitively. Also the owner of the unit may appoint directly two (2) lawyers fees, on the same conditions as set out in the preceding paragraph.
Article 6 ° - requirements to enter as the maestranza and trades personnel. Be of legal age, possess primary complete studies, have fitness and psychological fitness for the office, accredited by the means of public tender, without prejudice to other requirements that may be required is required for maintenance and trades personnel to those who must perform tasks which are necessary special knowledge.
Article 7 ° - requirements to enter as an employee. To enter as an employee is required to be of age, have completed secondary studies and certify fitness for office, verified through public tender. Should count is also with fitness psychological for the charge, without prejudice of other requirements that can demand is to those that should play tasks for which are necessary knowledge technical special.
Article 8 ° - requirements for entering the legal charges. For the lawyers fees is required to be Argentine or permanent resident in the country, of age and degree in law at University national public or private officially recognized or foreign title duly approved by the Ministry of education; have the fitness required for the exercise of functions, verified through public competition background and opposition, as well as psychological fitness for their performance.
Article 9 ° - fit for disabled people. Four percent (4%), less than charges to cover, should be occupied by persons with disabilities who meet the necessary requirements for the position.
ARTICLE 10. -Implementing authority. The competitions for admission to the Judicial power of the nation in related charges, should be in the Supreme Court of Justice of the nation, and those of income to the Public Ministry must be in the General power of Attorney of the nation or the Ombudsman General of the nation, as appropriate.
ARTICLE 11. -Integration. In the field of their respective competencies, in each case, the Supreme Court of Justice of the nation and the Public Ministry, will benefit the integration of the bodies to substantiate the contests. Regional competitions with scope must be set in all jurisdictions, for the purpose of ensuring the participation of all citizens of the country.
ARTICLE 12. -Contests. The conduct of the competitions must be in accordance with what the enforcement authority, respecting the principles of advertising, competition, equality and transparency. The enforcement authority must establish a testing program, identify the material, https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 publish their contents via web together with the call for competition, take exams and carry out the relevant assessments, in accordance with the applicable regulations.
ARTICLE 13. -Registration form. Applicant must submit the form of inscription to the implementing authority, personally or via the internet, in the month of March of each year, by stating your preference on reason of matter from each jurisdiction, and specialty nursing, if I had it.
ARTICLE 14. -General requirements. In the application form applicants must detail: to) complete; last name and name (b) domicile real and constituted for the purposes of the processing, in the city where the seat of the unit for which tenders, phone number and email address; (c) place and date of birth; (d) nationality; (e) marital status, where applicable, name of spouse or partner and children, if any; (f) photocopy of the identity document; (g) labour, professional and academic background, with the documentation that accredits, if applicable; present publications, these should be bonding with the speciality in question; (h) photocopy of the title which he holds and must display the original, which is reinstated in the Act, prior checking by the Secretariat, of what is left perseverance in the copy added to the presentation; (i) applicants to lawyers fees that is to play or have played in the Judicial power of the nation or the Public Ministry shall enter data of your personal file; those who had played in the judiciary or the public prosecutor's Office of the provinces or jurisdictional organs of the public administration, should add a certificate that consigns: 1. date of entry and exit if any. 2. positions held. 3. special licences granted in the last two (2) years. 4. disciplinary sanctions applied with indication of date and reason. (j) in the case of registered lawyers, must accompany the certificate of the respective professional college, from which arises the age and State of registration and if they were the subject of disciplinary action in the exercise of the profession.
ARTICLE 15. -A certificate of registration. The presentation of the form in a timely manner will extend you the applicant a certificate of registration, which shall indicate the date and time of reception, as also the details of the attached documents.
ARTICLE 16. -Provisional list. The expired registration, the implementing authority shall form a provisional list of all registered, which must be published in the Agency to substantiate the contest and your website.
ARTICLE 17. -Impediments to the entry. Can not enter the Judicial power of the nation or the Public Ministry of the nation who does not comply with the requirements laid down in article 14 of this law nor that applicant to the date of presentation of the form: a) had been convicted of offences-fraudulent in the last five (5) years; b) had been sentenced for crimes against public administration provided in the criminal code;
https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 c) was legally unable to exercise public office; d) had been found responsible by condemnatory judgement of participating in any way in the cases referred to in article 36 of the Constitution and title X of the second book of the Penal Code, even though it would have benefited with pardon or remission of the penalty.
ARTICLE 18. -Act. Final list of registered participants. Within five (5) days of the close of registration, officer must carve a minutes and then a list in which shall be recorded permanently registered inscriptions which had complied with the requirements in this law.
Chapter II of the income of employees and staff of maintenance and trades

ARTICLE 19. -The entrance to the Judicial power of the nation and the Public Ministry to serve as maintenance and trades personnel in charge of less hierarchy, in addition to the requirements mentioned in article 14, shall require the completion of a personal interview and a test of training in their craft or activity and subsequent public draw, pursuant to the provisions of the following articles of this chapter insofar as they are applicable.
ARTICLE 20. -Income to the Judicial power of the nation and the Public Ministry to act as employee in charge of lower hierarchy will be done through the review and subsequent public draw, according to the provisions of the following articles of this chapter.
ARTICLE 21. -Test. Made up of the final list of registered participants provided for in article 18 of this law, date must be set to hold applicants a written examination, to be held within the following thirty (30) days, under the system of multiple choice, which will include different qualifying evaluations, to be developed in the following order: to) assessment of knowledge; (b) assessment of knowledge in computer science; (c) evaluation Psychophysics.
ARTICLE 22. -Grounds for removal. (Them aspiring will be subject to removal by the following causes: to) failing those tests; (b) not to attend or present an unjustified delay; (c) to leave the examination. In cases of force majeure which configure any of these reasons, applicants must submit before the office and in the term determined by the implementing authority, a written justification and documentation proving convincingly that situation, consideration of that office and the validity of the same.
ARTICLE 23. -Regime of qualifications. Assessments must be qualified of zero (0) to a hundred (100). To access the office required a minimum score of sixty (60) points in each of the tests. On the psycho-physical exam will be provided a qualitative weighting of the applicant, only entering the list of those candidates who obtained a satisfactory job aptitude.
https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 article 24. -List of applicants. Sweepstakes. The enforcement authority shall draw up a list with those candidates who have passed the evaluations required by this law. In the list you must detail is the full name of the applicants, identity and published on the website and on the undercard of the Supreme Court of Justice of the, of the General power of Attorney of the nation or of the Ombudsman General of the nation, as appropriate. It must also be published for five (5) days, in three (3) newspapers of wide dissemination of the place in which the contest is proceeding. Future vacancies will be covered by lot from all the members of the list, which will take place through the lottery National S.E., in form, day and time that establishes the enforcement authority, as they are occurring. Who has been drawn in a non-permanent or interim charge will remain the listing only to draw effective or permanent positions. When none of the applicants pass the test the enforcement authority must declare desert the contest and immediately summon a new contest, and must be extraordinarily available a new deadline for the registration of candidates.
ARTICLE 25. -Resources. Within the period of five (5) business days of the publication of the list of candidates referred to in the preceding article, the contestants may raise the reconsideration of the qualification obtained in the examination yielded by invoking the reasons which they deem appropriate. This resource will be resolved by the enforcement authority.
ARTICLE 26. -Appointments. Appointments that are made (permanent or non-permanent) to fill the vacancies that are decommitted on the fees, will be made taking into account the draw laid down in article 24, and must sort first among applicants who have not been appointed the previous year. Produced the vacancy, the selected applicant will be notified at home become your entry form so that you appear and accept the charge. If it not appearance within ten (10) days from its notification, shall it be withdrawn, excluding it from the list to call new drawing.
ARTICLE 27. -Validity of the lists. Lists which referred to in article 24 shall remain in force for a period of two (2) years.
Chapter III of article 28 lawyers charges admission. -Test. Conformed the final list referred to in article 18 of this law, shall be fixed date for an anonymous and written exam within the following thirty (30) days. Examination will consist of the development of a solution to a legal problem, which will examine the degree of specific knowledge in the area of law that requires the charge to which tenders and constitutional regulations.
ARTICLE 29. -Regime of qualifications. The test of opposition will be graded zero (0) to seventy (70) points. It is required to be included in the list of applicants have obtained a minimum score of https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 forty (40) points. The background will be assessed only with respect to those candidates who had achieved the minimum score.
ARTICLE 30. -Qualification and background score. The rating and scoring of the background of candidates to fill the vacancies occurring on the legal charges, will be a maximum of thirty (30) points, in accordance with the following criteria: to) up to ten (10) points for the background related to the specialty concerned in the professional performance fulfilled in the judiciary, in the public prosecutor's Office public functions or the exercise of the legal profession; (b) up to five (5) points for obtaining post-graduate qualifications; (c) up to three (3) points for the approval of the postgraduate courses not included in the studies necessary to obtain titles provided in the foregoing paragraph, and by participation and attendance at congresses, conferences and seminars; be computed specially studies or shares having relevance with the function which is a competition; (d) up to seven (7) points for the teaching in the specialty of the charge for which is a competition or in the scope of the basic disciplines of the science of law; (e) up to three (3) points, by publications, in whose judgment should be its value and originality; (f) up to two (2) points for all those background information relevant to judgement of the examining authority. History that have not been invoked in the application for registration will not qualify.
ARTICLE 31. -Lists of applicants. Order of merit. Once validated assessments and valued history, will prepare a list with the order of merit final, which shall be notified to each of their members to fill future vacancies that are decommitted. In the general list should detail the name and surname of each of the applicants, national identity document as well as qualification deserved in assessments and published during the period of five (5) days on the website and on the undercard of the Supreme Court of Justice of the, the General power of Attorney of the nation or the Defender-General of the nation , as appropriate. When none of the candidates had passed the examination, the competent authority shall declare desert the contest, immediately summoning a new contest.
ARTICLE 32. -Resources. Within the period of five (5) working days of having been notified, the contestants may raise the reconsideration of the qualification obtained in the test of opposition and in the evaluation of history by invoking the reasons which they deem appropriate. This resource will be resolved by the enforcement authority.
ARTICLE 33. -Appointments. Appointments that are made (permanent or non-permanent) to fill the vacancies that are decommitted on the fees will be made taking into account the order of merit of the final list. The holder, or who find the respective unit manager, you can select the applicant within the twenty (20) first in the order of merit. When the list is less, you can select the applicant among those approved. The listing will be suitable to applicants, always on the basis of the order of merit, will by appointing so that holder or who find the dependency Manager will invariably choose between twenty (20). The order so that the owners or those who are in charge of the premises to choose will be given by the dates in which vacancies are generating.
https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 when generating an effective or permanent vacancy that is being covered in interim form or not permanent, will be appointed in that position who is covering this place. The selected applicant will be notified in the last reported address, so that you appear and accept the charge. If it not appearance within ten (10) days from its notification, shall it be withdrawn, excluding it from the list.

ARTICLE 34. -Validity of the lists. Lists which referred to in article 31 shall remain in force for a period of two (2) years. Applicants will be on those lists during the mentioned period or until his appointment in a position of permanent if this occurs first. Who is occupying an acting fee or non-permanent, will remain in the list only for effective or permanent jobs.
ARTICLE 35. -Psycho test. Prior to the appointment, applicants must prove to possess psychological fitness for the position, using the test indicated by the competent authority.
Chapter IV provisions transitional article 36. -Entry into force. From the entry into force of this Act may be made only new appointments in the Judicial power of the nation and the Public Ministry, the charges included therein, in accordance with the procedure laid down in this law. By way of exception, since 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 temporarily. The agents who are appointed pursuant to the preceding paragraph may not be promoted to floor standing unless it contrary to the same bids for appointment under the same conditions of the other applicants.
ARTICLE 37. -Acquired rights. The application of this law shall not affect categories achieved and the rights and hired personnel benefits inherent to their status as members of the Judicial power of the nation and the Public Ministry, who will remain in office in accordance with the previous regulation, and may request your pass to floor standing in accordance with the current regulations applicable to each case.
ARTICLE 38. -Invitation to the provinces. Invited to the provinces and the autonomous city of Buenos Aires to adhere to the terms of this law.
ARTICLE 39. -Regulation. The enforcement authority will issue explanatory and supplementary rules of this law.
ARTICLE 40. -Communicate to the national executive power.
GIVEN IN THE ASSEMBLY HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TWENTY-NINTH DAY OF MAY TWO THOUSAND THIRTEEN YEAR DAY.

https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09 - registered under no. 26.861 - BEATRIZ ROJKES de ALPEROVICH. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.

Date of publication: 03/06/2013 https://www.boletinoficial.gob.ar/pdf/linkQR/MmZ0Z3gxK1pxVVpycmZ0RFhoUThyQT09