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COUNCIL OF THE JUDICIARY
Law 26,855
Laws No. 24,937, 11,672, 19,362, 17,928, 23,853, 24.156 and 26.376. Amendments. Sanctioned: May 8, 2013 Enacted: May 24, 2013
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
ARTICLE 1-Substitute Article 1 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 1 °.-The Council of the Magistracy is a permanent organ of the Judicial Branch of the Nation that exercises the competence provided for in Article 114 of the National Constitution according to the representative, republican and federal form that the Nation Argentina adopts for its government, for which it will have to observe especially the principles of publicity of the acts of government, transparency in the management, public control of the decisions and the choice of its members through mechanisms Discrimination in favour of popular participation. He is responsible for selecting, by means of public contests, the lower courts through the issuing of proposals in binding terms, to administer the resources that correspond to him in accordance with the law 11,672 of the the budget of the nation, with law 24.156 of financial administration and control systems of the national public sector and with law 23,853 of judicial autarquia; and its laws complementary, modifying and binding, and to execute the the budget that the law assigns to its financial administrative service, to apply sanctions disciplinary proceedings on magistrates, deciding on the opening of the removal procedure, ordering the suspension and making the corresponding charge and issuing the regulations related to the judicial organization.
ARTICLE 2-Substitute Article 2 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 2 °.-Composition. The Council will be composed of nineteen (19) members, according to the following composition: 1. Three (3) judges of the Judiciary of the Nation, elected by the people of the Nation by means of universal suffrage. Two (2) representatives shall correspond to the winning list by simple majority and one (1) to the list in the second place. 2. Three (3) representatives of the attorneys of the federal registry, elected by the people of the Nation by means of universal suffrage. Two (2) representatives shall correspond to the winning list by simple majority and one (1) to the list in the second place.
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3. Six (6) representatives of academic or scientific fields, with a broad and well known trajectory in one of the officially recognized university disciplines, elected by the people of the Nation by means of universal suffrage. Four (4) representatives shall correspond to the winning list by simple majority and two (2) to which it is second. 4. Six (6) legislators. To this end, the presidents of the Chamber of Deputies and the Chamber of Deputies, on a proposal from the parliamentary blocs of the political parties, will appoint three (3) legislators for each of them, two (2) for the majority and one for (1) to the first minority. 5. One (1) representative of the Executive Branch. The members of the Council shall be sworn in at the event of their incorporation to the office of the President of the Supreme Court of Justice of the Nation. For each member, an alternate shall be chosen, by the same procedure, to replace him in the event of resignation, removal or death.
ARTICLE 3-Substitute Article 3 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 3 °-Duration. The members of the Council of the Magistrature will last four (4) years in their positions, being able to be re-elected with an interval of a period. The members of the Council elected for their institutional capacity of academics and scientists, acting judges, legislators or lawyers of the federal registry, will cease in their positions if the qualities are altered according to which they were selected, and must be replaced by their alternates or by the new representatives appointed in accordance with the mechanisms laid down by this law to complete the respective mandate. To this end, this replacement will not be counted as a period for the purposes of reelection.
ARTICLE 4 °-Incorporate as Article 3 (a) of Law 24,937 (t.o. 1999) and its amendments, the following:
Article 3 (a)-Procedure. In order to elect the members of the judiciary representatives from the academic and scientific fields, the judges and the lawyers of the federal registry, the elections will be held jointly and simultaneously with the national elections in the which is elected president. The election will be by a list of candidates nominated by national political groups that run presidential candidates ' formulas, through open, simultaneous and mandatory primary elections. No political groupings may be set up for the sole purpose of applying nominations to the Council of the Magistracy. Nominations for more than one office and for more than one political grouping may not be made official. The candidates and, where appropriate, candidates, members of the judiciary shall be composed of a single list with four (4) representatives and two (2) alternates of the academics, two (2) representatives and one (1) alternate of the judges and two (2) holders and one (1) alternate of the attorneys for the federal registry. The list will form a body of ballot that will be attached to the right of the legislative candidates of the grouping for which they are nominated, which to this effect will manifest the will of accession through the express authorization of the proxy The Federal Capital's federal electoral court. Both the registration of candidates and the request for the administration of lists of candidates for councilors of the Council of the Magistracy will be made before the same judicial headquarters. They will apply for the election of members of the Council of the Magistracy, academic and scientific, judges and lawyers of the federal registry, the rules of the Electoral Code
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National, laws 23.298, 26.215, 24.012 and 26.571, in all that is not provided for in this law and do not object to it.
ARTICLE 5-Substitute Article 4 (1) of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 4 °.-Requirements. To be a member of the Council of the Magistrature, it will be necessary to have the minimum conditions required to be a Member. No members may be members of persons who have held a post or a hierarchical public function during the last civil-military dictatorship or for those who verify ethical conditions opposed to respect for democratic institutions and human rights.
ARTICLE 6-Substitute Article 7 of Law 24,937 (t.o. 1999) and its amendments, as follows:
Article 7 °.-Privileges of the plenary. The Council of the Magistrature, meeting in plenary session, will have the following powers: 1. Dictate its general regulation. 2. To dictate the regulations that are necessary to exercise the powers conferred upon it by the National Constitution and this law in order to guarantee an effective delivery of the service of administration of justice. To this end, inter alia, it must ensure: a. Speed in the call for new competitions at the time of the respective vacancies. b. Agility and efficiency in the handling of competitions. c. Comptroller on equal access and by contest to the judicial career, both for employees and for officials. d. Equal treatment and non-discrimination in competitions for access to positions of magistrates among those who credit a relevant background in the exercise of the profession or academic or scientific activity and those that come from the judicial field. e. Permanent training. 3. To appoint its president and its vice-president among its members. 4. To designate the members of each commission by an absolute majority of the members present. 5. Reglament the procedure of public contests of antecedents and opposition in the terms of this law, and must establish mechanisms that provide for points (a) to (e) of paragraph 2 of this article. 6. By an absolute majority of all its members, it may instruct the Commission of Selection of Magistrates and the Judicial School to call for competitions prior to the production of vacancies, which are oriented by the jurisdiction of the courts. legal. Among those who approve the previous contest will be a payroll, whose validity will be five (5) years. Within that period, depending on the vacancies that occur, the plenary will establish the number of terms that will have to be filled with the candidates included on the payroll, on a rigorous order of merit. Once these terms have been settled, the validity of the payroll will expire. 7. Approve competitions and refer to the Executive Branch the binding terms of candidates for magistrates, by absolute majority of the total members. 8. Organize the functioning of the Judicial School, dictate its regulations, approve its study programs, establish the value of the courses performed as a background for the competitions planned to appoint magistrates and officials of conformity with the provisions of Article 13 third
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paragraph of this law, and plan the training courses for magistrates, officials and employees of the Judicial Branch for the effective delivery of the service of administration of justice, all in coordination with the Commission of Selection 9. Magistrates and Judicial School. 9. To issue regulations for the designation of surrogate judges and to appoint surrogate judges in the cases of license or suspension of the holder and in cases of vacancy for the lower courts according to the legal regulations in force. 10. To take cognizance of the preliminary draft of the annual budget of the Judiciary that the president refers to him and to make the observations that he considers pertinent for his consideration by the Supreme Court of Justice of the Nation, criteria for transparency and efficiency in the management of public resources. 11. To appoint the general administrator of the judicial branch of the nation, the secretary general of the Council and the secretary of the body of auditors of the judicial branch, on the proposal of its president, as well as the owners of the auxiliary bodies that be created, and have their removal by an absolute majority of the total members. 12. To dictate the rules of operation of the General Secretariat, the Office of Management and Financial, the Body of Auditors of the Judiciary and the other auxiliary bodies whose creation the Council has. 13. Fix the staff of the Council of the Magistrature, adjudicate the number of charges and categories that the operation requires, fix the procedure for the enablement and coverage of new charges, enable these charges and fix the redistribution or transfer of the agents. 14. To carry forward the administration of the staff of the Council of the Magistrature, including training, income and promotion, and the fixing of the salary scale. 15. Deciding the opening of the procedure for the removal of the right-hand, subrogantes and retired judges, called upon in accordance with Article 16 of Law 24,018, after obtaining the opinion of the Commission on Discipline and Indictment, to make the corresponding accusation before the Jury of Prosecution, and order, where appropriate, the suspension of the magistrate. For such purposes an absolute majority of the total members shall be required. This decision shall not be subject to any action or judicial or administrative appeal. The decision to open a removal procedure may not be extended for a period of more than three (3) years from the moment the complaint against the magistrate is filed. After the deadline indicated without having been dealt with by the committee, the commission will pass to the plenary for its immediate consideration. 16. Apply the sanctions to the right-hand, surrogacy and retired judges convened in accordance with Article 16 of Law 24,018 on the proposal of the Disciplinary And Prosecution Commission. Decisions must be taken with the vote of an absolute majority of the members present. The Council of the Judiciary of the Nation exercises disciplinary authority over the officials and employees of the Judicial Branch of the Nation, in accordance with the laws and regulations in force. The decision to open a disciplinary process cannot be extended for a period of more than three (3) years from the moment the complaint against the magistrate is filed. After the deadline indicated without having been dealt with by the committee, the commission will pass to the plenary for its immediate consideration. 17. To bring to their posts the judges, surrogates and retirees called upon under Article 16 of Law 24,018 suspended who, submitted to the Jury of Prosecution, would not have been removed by decision of the court or for lack of of resolution within the constitutional deadline. Such replacement shall take place within five (5) days of the date of completion of the prosecution, or of the term of the period provided for in Article 115, third paragraph of the National Constitution. 18. Remove the members ' representatives from the judges, attorneys for the federal registry and the field
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academic and scientist of their positions, by the vote of three-quarters of the total members of the body, by means of a procedure that ensures the right of defense of the accused, when they incur in poor performance or in the commission of a crime, during the performance of his duties. For the same majority, it may recommend the removal of the representatives of the Congress or the Executive Branch, each of the Chambers or the President of the Nation, as appropriate. In any of these proceedings, the defendant may vote.
ARTICLE 7 °-Substitute Article 9 ° of Law 24,937 (t.o. 1999) and its Modifiers, by the following:
Article 9 °.-Quorum and decisions. The quorum for sessioning shall be ten (10) members and shall take its decisions by an absolute majority of its members present, except where special majorities are required by this law.
ARTICLE 8-Substitute Article 12 of Law 24,937 (t.o. 1999) and its amendments, as follows:
Article 12.-Commissions. Authorities. Meetings. The Council of the Magistrature will be divided into four (4) commissions, integrated as follows: 1 Selection of Magistrates and Judicial School: two (2) representatives of the judges, three (3) representatives of the legislators, two (2) representatives of the lawyers, the representative of the executive branch and three (3) representatives of the academic and scientific fields. 2 of Discipline and Indictment: two (2) representatives of the judges, three (3) representatives of the legislators, two (2) representatives of the lawyers, three (3) representatives of the academic and scientific field and the representative of the Executive Branch. Administration and Finance: two (2) representatives of the judges, two (2) representatives of the legislators, one (1) representative of the lawyers, the representative of the executive branch and three (3) representatives of the academic and scientific field. 4 Regulatory: two (2) representatives of the judges, three (3) representatives of the legislators, one (1) representative of the lawyers and three (3) representatives of the academic and scientific field. Commission meetings shall be public. Each committee shall establish its working days and elect among its members a president who shall last one (1) year in his or her duties, who may be re-elected at an opportunity.
ARTICLE 9-Substitute Article 13 of Law 24,937 (t.o. 1999) and its amendments, as follows:
Article 13.-Commission of Selection of Magistrates and Judicial School. It is their competence to call for public opposition and antecedents to fill the vacancies of judicial magistrates, to substantiate the contests, to appoint jurors, to evaluate the antecedents and suitability of candidates, to make the proposals of (a) by raising them to the plenary of the Council and exercising the other functions laid down by this law and the regulation which is being adopted accordingly. She will also be in charge of directing the Judicial School in order to attend to the formation and improvement of the officials and the candidates for the judiciary. Those courses or postgraduate courses, whether or not they correspond to the Judicial School of the Council of the Magistrature, which have the approval of the Ministry of Justice and Human Rights will be
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considered as a particularly relevant background in the competitions for the appointment of magistrates and in the promotion of those who are part of the judicial career. A) Contest. The selection shall be made in accordance with the regulations approved by the plenary of the Council by an absolute majority of the total of its members, in accordance with the following guidelines: 1. The applicants shall be selected by means of public competition opposition and background. Where a vacancy occurs, the commission shall convene a contest giving publicity to the dates of the examinations and the integration of the jury which shall evaluate and qualify the applicants ' evidence of opposition, bringing to the attention of the interested parties. that the competition is intended to cover all the vacancies occurring during the substantiation of the competition and up to the decision of the plenary, provided that it is the same territorial, matter and grade competence. Alternatively, when the plenary is entrusted with it, it shall call for competition prior to the production of the or the vacancies, in accordance with the provisions of Article 7 (6) of this Law and the regulations which are consequently dicte. The commission may apply for a multiple contest where there is more than one vacancy for the same function, seat and speciality, in which case the terms shall be drawn up with a total quantity of three (3) different candidates for each vacant position. (i) 2. The criteria and mechanisms for the qualification of the examinations and the assessment of the antecedents shall be determined, and must ensure equal treatment and non-discrimination between those who credit the relevant antecedents in the exercise of the profession or academic or scientific activity and those that come from the judicial field; 3. The bases of the test of opposition will be the same for all the applicants. The written opposition test shall be based on subjects directly linked to the function intended to be covered and shall evaluate both theoretical and practical training. (b) Requirements. To be a candidate, it will be necessary to be a lawyer and the other conditions required to be a member of the Council of the Magistracy. Persons who have held a post or a hierarchical public function during the last civil-military dictatorship or for those who verify ethical conditions opposed to respect for democratic institutions shall not be candidates. human rights. The list of applicants must be given to the public in order to allow the corresponding challenges to the suitability of the candidates. C) Procedure. The Council, acting on a proposal from the Commission, shall periodically draw up lists of juries for each specialty. These lists shall be composed of teachers of each major and of the general areas of legal training designated by competition in national public universities. In each case, the jury shall be made up of four (4) members of those lists of specialists drawn by the committee. The draw shall be made publicly by means of ensuring the transparency of the act. Members, officials and employees of the Council may not be sworn in. The jury will take the exam and qualify the candidates ' opposition tests, raising the notes to the commission, which will qualify the working background at the council's headquarters. All this will be done to the applicants, who will be able to formulate challenges within five (5) days, and the commission should be issued within twenty (20) working days. On the basis of the elements gathered and the interview with the applicants, the commission will determine the term and order of precedence that will be elevated to the plenary along 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 assess the suitability, functional fitness and democratic vocation of the contestant. The plenary may review the qualifications of the written examinations, of the background, of its own motion,
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challenges and opinions. Any amendment to the decisions of the committee shall be sufficiently well founded. The plenary session shall take its decision by an absolute majority of the total of its members and shall be unappealable. The total duration of the procedure may not exceed 90 working days from the test of opposition. The time limit may be extended only by thirty (30) working days, by means of a decision of the plenary session, in the event that there are challenges. The rejection by the Senate of the contract of the candidate proposed by the Executive Branch will import the automatic call for a new contest to cover the vacancy in question. D) Advertising. This requirement will be completed with the publication for three (3) days in the Official Gazette, three (3) national circulation papers and two (2) local circulation newspapers-according to the jurisdiction of the vacancy-in four (4) national audiovisual communication and in two (2) local audiovisual media-according to the jurisdiction of the vacancy-in which it will be clearly indicated, the call for competition, the vacancies to be attended and all the data (a) to identify the sites where the information can be consulted, to which the information is available; add the obligation to communicate to the law schools, the national universities and the associations of magistrates and lawyers, nationals and the jurisdiction of the vacancy to attend. The Council shall keep up-to-date, through its documentation and communication bodies, the information relating to the calls, and allow access to forms for the registration of applicants on the website which it must have The aim is to enable all applicants in the Republic to know and access information in good time. E) Subrogances. It is up to the commission to propose the designation of national and federal surrogacy magistrates, in accordance with the current legal regulations and to raise the proposal to the plenary for its consideration.
ARTICLE 10. -replace Article 14 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 14. -Commission for Discipline and Indictment. It is within its competence to propose to the plenary of the Council disciplinary sanctions against the chief judges, surrogates and retirees convened in accordance with Article 16 of Law 24.018 as well as to propose the accusation of these to the effects of their removal. (a) disciplinary sanctions. The disciplinary offences of the magistrates, for matters related to the effective provision of the justice service, may be sanctioned with warning, warning and fine of up to fifty percent (50%) of their assets. They are disciplinary offences: 1. The violation of the laws and regulations in force regarding incompatibilities and prohibitions, established for the judicial magistrate. 2. The faults to consideration and respect due to other magistrates, officials and judicial employees. 3. The incorrect treatment of lawyers, experts, assistants of justice or litigants. 4. Acts offensive to the decorum of judicial function, respect for democratic institutions and human rights or to compromise the dignity of office. 5. The repeated non-compliance with the procedural and regulatory rules. 6. The repeated inattendance at the seat of the court or the repeated non-compliance in its court of attention to the public. 7. The failure or negligence in the performance of his duties, as well as the obligations established in
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The Regulation for National Justice. B) Exercise of disciplinary authority. The Council may act either on its own initiative or on a complaint from other organs of the judiciary, magistrates, officials or individuals who have a legitimate interest. The guarantee of independence of the judges in respect of the content of the judgments is assured. C) Resources. The disciplinary sanctions applied by the Council of the Magistracy will be appealed in judicial headquarters by the Supreme Court of Justice of the Nation. The appeal shall be lodged and founded in writing before the Council within five (5) days of the notification of the decision, with the evidence to be provided and the documentary evidence that the appellant shall be sought. The Council, taking into account the arguments of the appellant, shall establish the elevation within the period of five (5) days, counted from the date of filing, and shall raise it, within the following five (5) days, to the Supreme Court of Justice of the the Nation, who must resolve within one hundred and twenty (120) days. D) Indictment. Where the higher courts are the ones to warn the alleged commission of unlawful acts or the manifest existence of ignorance of the applicable law by the right holders, surrogates and retirees called according to Article 16 of the Law 24,018, shall immediately forward the complaint or summary information to the Council of the Magistracy for the purposes referred to in Article 114 (5) of the National Constitution. The Council of the Judiciary must immediately inform the Executive Branch of the decision to open a process of removal against a magistrate.
ARTICLE 11. -replace Article 15 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 15.-Regulatory Commission. It's from their competition: (a) to analyse and deliver an opinion on the draft regulations submitted to it by the Presidency of the Council, the plenary and the committees; b) to draw up the draft regulations entrusted to it by the bodies set up by the Council; (c) To provide, through the opinion and through the Presidency, the amendments required by the existing regulatory standards for further processing, updating, recasting and reordering; opinions at the request of the presidency, the plenary, the other committees or any of the its members, in cases where conflicts of interpretation arise from the application of regulations.
ARTICLE 12. -replace Article 16 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 16.-Management and Financial Committee. It is up to them to audit and approve the management of the Office of Management and Financial of the Judiciary, to carry out audits, to carry out the control of legality and to report periodically on it to the plenary of the Council.
ARTICLE 13. -replace Article 17 of Law 24,937 (t.o. 1999) and its amendments, by the following:
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Article 17.-General Manager of the Judiciary. The Office of Management and Financial of the Judiciary will be in charge of the general administrator of the Judicial Branch.
ARTICLE 14. -replace Article 18 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 18.-Functions. The Office of Administration and Finance of the Judiciary will have the following functions: a) Elaborate the preliminary draft of the annual budget of the Judicial Branch in accordance with the provisions of Law 23,853 of judicial autarquia and the law 24.156 Financial administration and to raise it to the consideration of its chairman, all in accordance with the provisions of Article 1 of Law 24,937 and its amendments. b) Run the annual budget of the Judiciary. (c) Direct the office of qualification and carry out the settlement and payment of assets. d) To direct the office of judicial architecture. (e) Carry out the registration of statistics and judicial information. (f) Propose to the Management and Financial Committee the acquisition, construction and sale of immovable property and to have the necessary arrangements for movable property, applying rules of procedure that ensure free and equal concurrency of the offerors. (g) to take the inventory of movable and immovable property and the registration of their destination. h) Make hiring for the administration of the Judicial Branch by coordinating with the various courts the requirements of supplies and needs of all kinds, applying procedural rules that ensure the free and equal participation of the offerors. (i) Propose the necessary internal regulations for its operation, the regulations for the financial management of the Judiciary and others that are appropriate to achieve the effective administration of justice services, including the deletion, modification or unification of the offices listed above. (j) to exercise the other functions laid down by the rules of procedure.
ARTICLE 15. -replace Article 21 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 21.-Competition. The judgment of the judges, surrogates and retired persons summoned according to article 16 of Law 24,018 of the lower courts of the Nation will be in charge of the Jury of Prosecution of the Magistrates as prescribed by the Article 115 of the National Constitution.
ARTICLE 16. -replace Article 24 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 24.-Excitement. Members of the Trial Jury, representatives of the judges and attorneys of the federal registry may be removed from their positions by the vote of three-quarters of the total members of the body, through a procedure to ensure the defendant's right of defence, when he incurs a poor performance or the commission of a crime, during the performance of his duties. By the same majority, it will be able to recommend the removal of the representatives of the Congress, to each of the Chambers, as appropriate. In any of these proceedings, the defendant may vote.
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ARTICLE 17. -replace Article 30 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 30.-Vigency of rules. The regulatory provisions linked to the Judiciary will continue in force as long as they are not modified by the Council of the Magistracy within the scope of its competence. The powers concerning the general superintendence on the various judicial bodies will continue to be exercised by the Supreme Court of Justice of the Nation and the national appeals chambers, as provided by the legal norms. and regulations in force; with the exception of the Council of the Nation's Magistracy, which will exercise its own superintendence. The regulations relating to the judicial branch and the powers of superintendence must guarantee an effective service of justice, considering the following principles: a) Fixing of minimum working hours for magistrates, officials and employees. (b) Limitation of leave for holidays to periods established at the summer and winter court fairs; which may be excepted on an exceptional basis for reasons of health or service. c) A broad criteria for enabling days and hours of operation of the judicial branch to guarantee effective judicial protection. (d) Ethical performance in the exercise of the function that safeguards the principles of reservation, the right to privacy of the parties and impartiality. (e) Incompatibility of the exercise of teaching in working time. f) Effective presence of the magistrates and officials in the procedural acts that the laws of substance and form establish. (g) Celerity in the judicial response. (h) a dignified and equal treatment of individuals, lawyers and auxiliaries of justice. (i) Transparency in management. j) Advertising of the acts. k) Establishment of management control mechanisms.
ARTICLE 18. -replace Article 33 of Law 24,937 (t.o. 1999) and its amendments, by the following:
Article 33.-Elections. The constituent act of the members of the Council of the Magistracy provided for in Article 3a of the present, shall be held jointly and simultaneously with the national elections for legislative positions, at the first opportunity of application of this law. The members of the Council of the Magistrature who are elected by this procedure will last exceptionally two (2) years in their positions and will be incorporated into the body without prejudice to the permanence of those who exercise the current mandate, in which The total number of members may exceptionally exceed the number of 19 members. The formalization of lists of candidates for the Council of the Magistracy for the primary, open, simultaneous and compulsory elections, and for the general elections, can be done at this opportunity, by any party, confederation or alliance of national order. For the purposes of the membership of the ballot bodies of the Board of Directors of the Council of the Magistracy with that of national legislators in each district, it is necessary to check the existence of that in at least 18 of the 24 districts, The aforementioned accession is carried out exclusively with groupings of the same name. In the rest of the districts, the legal link between the categories of the official lists may be adhered to. The adhesion of the pockets of the rest of the categories can be
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The legal link is being made.
ARTICLE 19. -Replace Article 5 ° of Law No 11,672 (t.o. 2005), by the following:
Article 5 °.-Authorize the president of the Supreme Court of Justice of the Nation to reassign the credits of his judicial budget and must communicate to the chief of the Cabinet of Ministers the modifications that will be made. Such amendments may be made only in strict compliance with the principles of transparency in the management and efficiency of the use of resources, within the respective total authorised appropriations, without giving rise to automatic increases. for future financial years or increases in individual remuneration, over-allocations or other similar concepts of expenditure on staff or compensation or reintegrating in favour of it, except where the head of the Cabinet of Ministers gives him a budgetary reinforcement to finance improvements in pay or for the creation of posts by a period of less than twelve (12) months. You will have the free availability of the credits assigned to you by the budget law, without any restrictions other than those that the law determines expressly. The Chief of Cabinet of Ministers, together with the draft budget of the national administration, will send to the Honorable Congress of the Nation the preliminary draft prepared by the Council of the Nation's Magistracy, accompanying the where the estimates made by that body do not coincide with those of the general project. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 20. -replace Article 23 of Law 17,928 and its amendments, by the following:
Article 23.-Authorize the Supreme Court of Justice of the Nation to cover the posts of secretaries and auxiliary staff of the national courts by redistributing or transferring the agents who perform in any of the The Commission has also proposed that the Commission should be able to take the necessary steps to ensure that the measures are more efficient in the application of human resources and more respectful of the dignity of the worker. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 21. -replace Article 3 of Law 19.362, by the following:
Article 3 °.-The Supreme Court of Justice of the Nation shall fix the personnel of the various courts and agencies that make up the Judicial Branch of the Nation by awarding the amount of charges and categories that its operation requires, In order to provide for measures which are more efficient in the application of human resources and which are more respectful of the dignity of the worker, All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 22. -replace Article 1 of Law 23,853 and its amendments by the following:
Article 1 °.-The Supreme Court of Justice of the Nation will prepare the Budget of Expenditure and Resources of the Judiciary, and should observe the principles of transparency in the management and efficiency in the use of the resources, which will be referred to the Power National Executive for his incorporation into the draft general budget of the national administration that is presented annually to the Honorable Congress. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its
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changes.
ARTICLE 23. -replace Article 5 of Law 23,853 and its amendments by the following:
Article 5 °.-The Supreme Court of Justice of the Nation shall be empowered to have the necessary restructurings and compensations, within the total sum corresponding to the Judicial Branch of the Nation in the general budget of the national administration, to the end of which it must observe the principles of transparency in the management and efficiency of the use of resources. It is also empowered to require advances of funds in accordance with the provisions of Article 12 of Law 16,432, which is incorporated into law 11.672 (t.o. 2005). All the expenses that will be demanded by the creation of the courts or the extension of the existing ones will be attended by General Rentas, or the surplus. The Legislative Branch will request reports from the Ministry of Economy and the Judicial Branch of the Nation on the financial possibilities to take charge of the expenditures generated by these creations or extensions, in a manner prior to sanctioning them. rules and in order to give, if appropriate, the relevant budgetary reinforcements. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 24. -replace Article 7 of Law 23,853 and its amendments by the following:
Article 7 °.-The remuneration of judges, officials and employees of the Judicial Branch of the Nation will be established by the Supreme Court of Justice of the Nation, and must ensure the balance between the efficient use of the resources and the respect for the dignity of the worker. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 25. -replace Article 8 of Law 23,853 and its amendments by the following:
Article 8 °.-For the purposes set out in this law and under strict respect for the principles of transparency in the management and efficiency of the use of resources, the Supreme Court of Justice of the Nation will have wide powers to establish tariffs and fix their amounts and updates; dispose of their assets and determine the system of perception, administration, and comptroller of their resources and their execution, and should send monthly to the General Accounting Office of the accounting movement that you register. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 26. -replace Article 10 of Law 23,853 and its amendments by the following:
Article 10.-The national executive branch, together with the Supreme Court of Justice of the Nation, will regulate this law in respect of the financial-budget administration, in accordance with the principles of transparency. in the management and efficient use of resources. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 27. -Substitute paragraphs 5 and 6 of Article 117 of Law 24.156 and its amendments, for the following: The Supreme Court of Justice of the Nation shall have the modality and scope of the implementation of the system instituted in this law with regard to the Judicial Branch of the Nation,
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respect for the principles of transparency in the management and efficient use of resources. For the purposes of subsequent external control, it shall be in accordance with Article 85 of the National Constitution. All in accordance with the provisions of Article 1 (1) of Law 24,937 and its amendments.
ARTICLE 28. -replace Article 1 of Law 26.376, by the following:
Article 1.-In the case of recusal, excusement, license, vacancy or other impediment of the judges of first instance, national or federal, the Council of the Magistrature shall proceed to the designation of a subrogant according to the following order: (a) with a judge of equal jurisdiction of the same jurisdiction, with the following immediate nomination being given to the judge of the next immediate nomination in those places where more than one court of equal jurisdiction is held; b) By lot, the list of judges established by the national executive branch, in accordance with the provisions of Article 3 of this Law.
Transitional Provisions
ARTICLE 29. -The amendments to the system of majorities provided for in this law, as well as the new composition of the committees, will enter into force once the modification of the integration of the body provided for in Article 2 is made effective, with the electoral mechanism set out in Articles 3a and concordant.
ARTICLE 30. -The promulgation of this law matters the call for primary, open, simultaneous and compulsory elections for the election of candidates for Counsellor of the Magistrature by the estates provided for in Article 3a of it, It is necessary to adapt the implementation of the essential electoral stages to the current calendar.
ARTICLE 31. -This law shall enter into force from the day of its publication. As from the date of entry into force of this law, all laws and regulations which are contrary to their compliance and which are detrimental to the administration of the judicial branch by the Council of Ministers shall be without effect. the Magistracy of the Nation, according to the scope of this law.
ARTICLE 32. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT EIGHT
THE DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND THIRTEEN.
-REGISTERED UNDER NO 26,855-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
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Date of publication: 27/05/2013
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