Law Of Transition To The Supreme Court Of Justice, Agri-Environmental Court, Council Of The Magistrature And Pluri-National Constitutional Court.

Original Language Title: LEY DE TRANSICIÓN PARA EL TRIBUNAL SUPREMO DE JUSTICIA, TRIBUNAL AGROAMBIENTAL, CONSEJO DE LA MAGISTRATURA Y TRIBUNAL CONSTITUCIONAL PLURINACIONAL.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/139722

Law No. 212 law of 23 December 2011 ALVARO GARCIA LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of transition to the Supreme Court, agri-environmental court, Council of the MAGISTRACY and TRIBUNAL constitutional PLURINATIONAL chapter first provisions general article 1. (Object). This Act aims to: regulate the transition, transfer, transfer and transparent and orderly functioning of financial management, assets, liabilities, and others of the Judicial Branch to the Judicial organ and the pluri-national constitutional court.
II. Regular it transition and transfer ordered and transparent, of the causes of it Court Supreme of Justice to the Court Supreme of Justice, of the Court agrarian national to the Court agri-environmental, of the Council of the judiciary to the Council of the judiciary and of the Court constitutional to the Court constitutional plurinational.
Article 2. (Conclusion of functions, institutional endangered and possession of new authorities).
I the conclusion of functions and institutional extinction of national agrarian Tribunal, the Supreme Court and Constitutional Court, judicial Council is available from December 31, 2011.
II. There is the opening of the judicial year, date of official possession and start of activities of the new elected authorities of the Supreme Court of Justice, agri-environmental court, judicial Council and plurinational Constitutional Court, on January 3, 2012, in charge of the President of the plurinational State of Bolivia, in the city of Sucre, the constitutional Capital and seat of the highest judicial bodies.
Article 3. (Election of Chairperson or President and shaping of rooms).
I completed the Act of possession give them women judges and magistrates of the Supreme Court of Justice, agri-environment Court and plurinational Constitutional Court; independently will meet in room full to the election of its Chairperson or President and formation of its rooms. This session must last maximum three days, under liability for breach of duties; It will be convened and directed by the judge or magistrate elected with years of professional experience in the legal profession.
II. in the case of the Council of the judiciary, concluded the Act of possession give them counselors and advisors, will meet in room full to the election of its Chairperson or President and formation of its rooms. This session, that should last maximum three days low responsibility by breach of duties, will be convened and directed by the counselor or adviser elected, with more years of experience in the profession of the title with which is enabled for your choice.
Article 4. (Delivery of inventories, causes, assets, goods, values and documents).
I. the Council of the judiciary, in time of cesar functions should be inventory for fiscal management, of all assets, liabilities, assets, securities and accounting and administrative documents of the judiciary. This information will be delivered in physical and digital form to the administrative direction and financial of the Judicial organ, with all the formalities of law, in the presence of notary of public faith.
II. the Supreme Court of Justice, the national agrarian Tribunal, the Judicial Council and the Constitutional Court, will deliver the inventory of causes pending at December 31, 2011, sorted chronologically; under responsibility of camera Secretaries, Secretaries General and disciplinary regime responsible for, respectively, who will remain in the custody of the causes, until its delivery to whom it may concern low detail physical and digital with all the formalities of law, in the presence of notary of public faith.
Article 5. (Administrative and financial direction).
I. the Council of the Magistracy shall issue the national public announcement for the selection of the shortlisting and subsequent appointment of Director or Managing Director and finance by the full Chamber of the Supreme Court of Justice.
II. While the process of selection and designation of Director or Managing Director and financial, the President and the President of the Supreme Court of Justice may appoint the Director or Managing Director and financial in the form interim; Office who may not be exercised for one period exceeding ninety days not extendable, responsibility for breach of duties. Time in which drawn up regulations and the new structure organic financial and administrative management.
III. directions and units that are currently responsible for administrative and financial management under the tutelage of the Council of the judiciary, will be temporarily, until approval of the new structure of the financial administrative management, depend on the management and financial of the Judicial organ, under the tutelage of the Supreme Court of Justice.
Article 6. (Acefalias of jurisdictional authorities and servants or Judicial support servers).
I in case of acefalias of vowels, judges and servants or servers of judicial support of the Supreme Court of Justice, judicial Council, departmental courts of Justice; the room full of the Court Supreme of Justice and of the Council of the judiciary, according to appropriate and exceptionally, will have the Faculty of designate to these authorities and personal of form provisional, of them payroll approved by the full of the Council of the judiciary.
II. in the case of acefalias of judges agri-environment and server or servers of judicial support for the agri-environment Court, the Middle Chamber of the agri-environmental court or of the Council for the judiciary, as appropriate, shall have the power of designating those authorities and personnel on a provisional basis, of the payroll approved by the plenary of the Council of the judiciary.
III. in the case of acefalias of servants and servers corresponding to the pluri-national constitutional court, room full will have the faculty to appoint such personnel on a provisional basis.
Article 7. (Gratuity).
I starting from the January 3, 2012, it suppresses and eliminates all payment by concept of rings in all sorts and kind of process.
II. starting January 3, 2013, it suppresses and eliminates all payment by concept of notification forms and ballots of appeal, in all kinds and sorts of process.
III. the Suppression of whatever form or valued that it serious litigants and users, shall be governed according to the transitional provision tenth second of the law of the authority Judicial.

SECOND chapter Supreme Court of Justice article 8. (Pending liquidation process).
I. the President or the President of the Supreme Court of Justice, within a maximum period of seven days from his possession, to summon the women judges and deputy judges and have the conformation of rooms boards.
II. all-cause pending in the Supreme Court of Justice to the December 31, 2011, they will be resolved by the magistrates and judges alternates, until its final liquidation in within thirty-six months, allowing the full Chamber of the Supreme Court of Justice, in an exceptional way, extend this period up to a maximum of twelve additional months.
III. the Supreme Court of justice must give the liquidators rooms, technical and human resources for the work of liquidation of causes. In any case the alternate judges may exercise acts of representation or creation of parallel directives, its designation in the halls will be competence of the President or President of the Supreme Court of Justice.
Article 9. (New causes). Causes admitted to the Supreme Court of Justice as of January 3, 2012, will be known and resolved by the magistrates and the titular judges.
Article 10. (Causes contentious-administrative).
I. the room full of the Court Supreme of Justice will know the causes contentious that found of them contracts, negotiations and concessions of the organ Executive, and of them demands contentious-administrative, to dieren place the resolutions of the same; until you are regulated by law as jurisdiction specializing.
Would (would (II. is incorporates as subsection 7), to the article 228 of the law N ° 1340 of 28 of Mayo of 1992, the following text:? 7) when the amount determined is equal or superior to fifteen thousand units of promotion to it housing (would 15,000 UFV? s), the taxpayer must accompany to it demand the proof of payment total of the tribute omitted updated in UFV? s e interests consigned in it resolution determinative. Do should the contested decision be revoked total or partially by judgment rendered, the amount unduly paid will be refunded by the tax administration expressed in UFV? s between the day of payment and the date of refund to the taxable person?.
Article 11. (Mailbox Judicial attention platform to the public and others). The Supreme Court of Justice will implement and regulate progressively, the platform to the public attention, the Judicial mailbox and other services. As long as these services are regulated and institutionalized will continue running with its staff, under rules established in advance.
THIRD chapter agri-environmental TRIBUNAL article 12. (Pending payment).

I. the President or the President of the Court agri-environmental, shall constitute rooms settlement, formed by them magistrates and them judges alternate, who will be responsible of the liquidation of until the last demand entered until the 31 of December of 2011, in the term not greater of twelve months.
II. the agro-environmental court should award to the boards rooms, technical and human resources for the work of liquidation of causes. Any alternate judges may exercise acts of representation or creation of parallel directives, its designation in the halls will be competition of the President or of the President of the agro-environmental court.
Article 13. (Causes new). Causes entered to the agri-environmental court as of January 3, 2012, will be known and resolved by their women judges and magistrates holders.
FOURTH chapter Council of the judiciary article 14. (Ladder and judiciary). The Council of the judiciary, according to what was established by the political Constitution of the State and the law of the Judicial organ, will review the Judicial ladder, shall draw up and adopt the rules of procedure governing the system for admission to the judiciary, stability, evaluation, promotion, transfers, swaps, suspension and removal of judicial and administrative officials, judges and judges, transition, adequacy and implementation of the new career judicial.
Article 15. (School of judges of the State).
I. School of judges in the State, with headquarters in the city of Sucre, must operate on the basis of real furniture, property, assets, liabilities, budget and documentation corresponding to the judicial Institute.
II. the directory of the State School of judges, shall draw up and approve the regulations for its functioning and implementation within a maximum period of sixty days.
Article 16. (Disciplinary judges and judges).
I inside of within thirty days of possession and possessed the councilors and the advisors of the judiciary, will proceed to the issuance of the national public announcement for selection and appointment of judges disciplinary in the nine departments of the country.
II. While he appoints the judges disciplinary complaints for disciplinary misconduct, will be received by the responsible Department of the Council of the Magistracy, suspending processing times until the appointment of the relevant disciplinary judges.
Article 17. (Conclusion of disciplinary proceedings).
I. the disciplinary processes, generated in merit to the law No. 1817 of 22 December 1997, shall be concluded in accordance with the same.
II. the disciplinary proceedings which are in a State of appeal, in the Council of the judiciary, will be resolved to its conclusion by the instance of settlement to be established by the plenary session of the Council of the Magistracy, within a maximum period of twelve months.
Article 18. (Conciliatory or conciliator). The requirement, call and designation, the ingratiating and conciliators, will be after the entry into force of new procedural codes.
Article 19. (Representations district and liquidation Committee).
I and representatives Distritales will remain in functions, until the Council of the judiciary appoint departmental managers, performing all administrative tasks inherent to the activity of the district and the mandated by the Council of the judiciary and the Supreme Court of Justice, directly or through financial and administrative management.

II. them addresses and headquarters of the structure management of the Council of the judiciary will be a Commission of liquidation low it tuition of it room of Control and control of the Council of the judiciary; winding-up shall be made within a maximum period of ninety days.
III. purpose of the practice of the new powers of the Council of the Magistracy, the plenary of the Council, on a provisional basis, shall appoint the responsible of: Control and supervision.

Management policies.

Human resources.
Chapter five multinational Constitutional Court article 20. (Pending payment).
I. the room full of the pluri-national constitutional court, constitute a transient liquidator room, composed of five judges alternates, elected according to article 24 of the law No. 027 of the Court constitutional plurinational, who will be responsible for the clearance of up to the last action protect uploaded December 31, 2011, within the framework of the law N ° 1836, whose term shall not exceed twenty-four months.
II. causes entered the courts of guarantees until December 31, 2011 in their respective judicial seats will be reviewed and resolved by the constitutional court liquidator according to the established in the previous paragraph.
III. the pluri-national constitutional court should award to the liquidator room, technical and human resources for the work of liquidation of causes. In any case the alternate judges may exercise acts of representation or creation of parallel directives.
Article 21. (Personal).
I. the pluri-national constitutional court, within ninety days of their possession, will issue the regulation of functions and requirements of designation, to convene national public way, merit-based and competency test to select and designate in plenary, the Secretariat or Secretary-General, Director or Managing Director, body of advisers and other servants or servers needed.
II. all the servants and all servers of the Constitutional Court, should continue temporarily in its functions, the plurinational Constitutional Court, until the new appointment of the servants and servers, which may participate in the processes of selection and appointment, that the multinational Constitutional Court, to carry out within the framework of their powers.
Article 22. (Transfer institutional). The Commission's clearance of the Council of the judiciary, once possessed the magistrates and the judges of the Tribunal constitutional plurinational, shall transfer all real estate, furniture, assets, liabilities, accounts, budget, corresponding to the Constitutional Court.
Article 23. (Regulations). Administrative management and General Secretariat within the period of ninety days from his appointment, shall draw up the regulation internal staff of the Tribunal constitutional multinational as well as all regulations necessary for its correct operation, which will be approved by the plenum of the Constitutional Court multinational. While prepares regulations designated for the operation of the multinational Constitutional Court, will remain in force the internal regulations of the previous constitutional court.
FINAL provisions first. (Audits). The Supreme Court of justice through administrative management and financial, on request and authorization of the General Comptroller of the State, will hire the services of a firm of external auditors, to carry out special audits and institutional closure. In the case of set responsibilities, the highest authorities must initiate appropriate processes.
The second. (Budget).
I may be the Ministry of economy and public finances, approve the budget and structure, changes which are necessary in the framework of the regulations for the implementation and functioning of the new institutions of the judiciary and Constitutional Court multinational.
II. is eliminated the payment of bonuses and additional payments not provided for in the law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand eleven is given in the room of sessions the Assembly Legislative plurinational, twenty-two days of the month of December of the year.

FDO. Rene Oscar Martinez Callahuanca, Hector Enrique Arce Zaconeta, Zonia guard Melgar and Carmen García M., Esteban Ramirez Torrico, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the Plurlinacional State of Bolivia.
Government Palace of the city of La Paz, at twenty-three days of the month of December of two thousand eleven years.
FDO. ALVARO GARCIA LINERA, Carlos Romero Bonifaz, Luis Alberto Arce Catacora, Nilda Copa Condori.