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.

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LAW 212

LAW OF DECEMBER 23, 2011

ALVARO GARCIA LINERA

PRESIDENT-IN-OFFICE OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, has sanctioned the following Act:

PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

TRANSITION LAW FOR THE SUPREME COURT OF JUSTICE, AGRI-ENVIRONMENT COURT,

MAGISTRATE ' S COUNCIL

AND PLURINATIONAL CONSTITUTIONAL COURT

CHAPTER FIRST

GENERAL PROVISIONS

Article 1. (Object). This Law is intended to:

Regular the transition, transfer, transfer and orderly and transparent operation of the financial administration, assets, liabilities, and other of the Judicial Branch to the Judicial Branch and the Court Plurinational Constitutional.

II. Regular the orderly and transparent transition and transfer of the causes of the Supreme Court of Justice to

Supreme Court

Justice of the National Agrarian Tribunal to the Agro-Environmental Court. of the Council of the Judiciary to the Council of the Magistracy and the Court Constitutional to the Plurinational Constitutional Court.

Article 2. (Conclusion of Functions, Institutional Extinction and Possession of New Authorities).

I. The completion of functions and institutional extinction of the Supreme Court of Justice, Agrarian Tribunal

National, Council of the Judiciary and Constitutional Court is available on December 31, 2011.

II. The opening of the judicial year is available, date of official possession and start of activities of the new authorities

elected of the Supreme Court of Justice, Agro-environmental Court, Council of the Magistracy and Constitutional Court Plurinational, on January 3, 2012, by the President of the Plurinational State of Bolivia, in the city of Sucre, Constitutional Capital and the seat of the maximum Judicial Instances.

Article 3. (Election of President or President and Conformation of Chambers).

I. Concluded the act of possession of the Magistrate and Magistrates of the Supreme Court of Justice, Court

Agro-environment and Plurinational Constitutional Court; independently they will meet in Sala Plena for the election of their President or President and conformation of their halls. This session shall last for a maximum of three days, under the responsibility for dereliction of duty; it shall be convened and directed by the elected Magistrate or Magistrate with more years of professional experience in law.

II. Council of the Magistrature, concluded the act of possession of the Consejors and Councillors, will meet in

Room for the election of its President or President and conformation of its halls. This session, which shall last for a maximum of three days under the responsibility for dereliction of duty, shall be convened and directed by the Counselor or Adviser-elect, with more years of experience in the profession of the title with which he was empowered for his choice.

Article 4. (Delivery of Inventories, Causes, Assets, Assets, Values, and Documents).

I. The Council of the Judicature, in time to cease functions, must leave the inventory, for tax management, of all the

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 and Financial Management of the Judicial Branch, with all the formalities of law, in the presence of Notary of Public Faith.

II. The Supreme Court of Justice, the National Agricultural Court, the Council of the Judiciary and the Constitutional Court,

will give the inventory of the outstanding causes of resolution to December 31, 2011, classified chronologically; under the responsibility of the Secretaries of the House, the Secretaries-General and those responsible for the Disciplinarian, respectively, who will be in custody of the causes, until their delivery to whoever corresponds in physical and digital detail with all the formalities of law, in the presence of Notary of Public Faith.

Article 5. (Administrative and Financial Management).

I. The Council of the Magistrature will proceed to issue the national public call for the selection of the terna and

subsequent designation of the Director or Administrative and Financial Director by the Full Chamber of the Supreme Court of Justice.

II. While the selection and appointment process of the Director or Chief Administrative and Financial Officer is developed, the

President or the President of the Supreme Court of Justice may appoint the Director or Administrative and Financial Director on an interim basis; a charge that may not be exercised for a period of more than 90 non-extendable days, under the responsibility of non-compliance with duties. The time at which the regulations and the new organic structure of the Administrative and Financial Management will be developed.

III. The addresses and units currently in charge of the administrative and financial management under The

Council of the Judiciary ", will transition on a transitional basis, until the new structure of the Financial Administrative Directorate is approved, to depend on the Administrative and Financial Management of the Judicial Authority, under the Supreme Court of Justice.

Article 6. (Acefalias of Jurisdictional Authorities and Serversas or Judicial Support Servers).

I. In case of acefalias of vowels, judges and servants or servants of judicial support of the Supreme Court of Justice,

Council of the Magistracy, Departmental Courts of Justice; the Full Court of the Supreme Court of Justice and of the Council of the Magistracy, as appropriate and exceptionally, will have the power to appoint such authorities and staff on a provisional basis, from the payrolls approved by the full Council of the Judiciary.

II. In the case of acefalias of agri-environmental judges and servants or servants of judicial support corresponding to the

Agro-environmental Tribunal, the Full Chamber of the Agro-Environmental Tribunal or the Council of the Magistracy, as appropriate, will have the faculty to designate such authorities and staff on a provisional basis, from the payrolls approved by the full Council of the Judiciary.

III. In the case of server and server acefaliases corresponding to the Plurinational Constitutional Court, your Room

Plena will have the power to designate such staff on an interim basis.

Article 7. (Free).

I. As of January 3, 2012, all payment for stamp, in all types and class of

processing is deleted and removed.

II. As of January 3, 2013, all payment for notification forms and ballot forms

are deleted and removed

from appeal, in all manner and type of processing.

III. The deletion of any other forms or appraised that are serious to litigants and users, will be governed by the

Second Transitional Provision of the Law of the Judicial Organ.

CHAPTER SECOND

SUPREME COURT OF JUSTICE

Article 8. (Pending Causes Clearance Process).

I. The President or the President of the Supreme Court of Justice, within the maximum period of seven days from his or her possession,

shall convene the Magistrate and Alternate Magistrates and arrange for the formation of the Liquidator Chambers.

II. All outstanding causes of resolution in the Supreme Court of Justice as of December 31, 2011,

shall be settled by the Magistrate and Alternate Magistrates until their final settlement within the period of 30 and Six months, the Full Court of the Supreme Court may exceptionally, extend this period to a maximum of twelve additional months.

III. The Supreme Court of Justice shall grant the Liquidor Chambers, the technical and human resources for the

cause settlement work. In no case shall the alternate Magistrates be able to perform acts of representation or conformation of parallel directives, their designation in the rooms shall be of competence of the President or President of the Supreme Court of Justice.

Article 9. (New Causes). The causes entered into the Supreme Court of Justice as of January 3,

2012, will be known and resolved by the Magistrate and the Chief Magistrates.

Article 10. (contentious-Administrative Causes).

I. The Full Court of the Supreme Court of Justice will know the contentious causes that will result from the contracts,

negotiations and concessions of the Executive Body, and the litigation-administrative demands, The resolutions of the same shall be settled; until they are regulated by Law as Specialized Jurisdiction.

II. It is incorporated as point (7), to Article 228 of Law No. 1340 of May 28, 1992, the following text:

? 7) When the given amount is equal to or greater than fifteen thousand Housing Promotion Units (15,000

UFV? s), the taxpayer must accompany the demand for the total payment of the omitted tribute updated on UFV and interest shown in the Determined Resolution. If the contested decision is revoked in whole or in part by enforceable judicial decision, the amount paid unduly shall be returned by the tax administration expressed in UFV between the day of the payment and the date of return to the passive subject?.

Article 11. (Judicial Mailbox, Public Service Platform and Others). The Supreme Court of Justice

will progressively implement and regulate the Public Service Platform, the Judicial Buzon and other services. As long as these services are regulated and institutionalized, they will continue to operate with their staff, under the regulations set forth above.

CHAPTER THIRD

AGRI-ENVIRONMENT COURT

Article 12. (Settlement of Outstanding Causes).

I. The President or the President of the Agro-Environmental Tribunal, will be the Liquidor Chambers, made up of the Magistrate and the Alternate Magistrates, who will be responsible for the liquidation of up to the last demand entered until 31 December. December 2011, no longer than twelve months.

II. The Agri-Environmental Court must grant to the Liquidator Rooms, the technical and human resources for the tasks

of liquidation of causes. In no case shall the alternate Magistrates be able to perform acts of representation or conformation of parallel directives, their designation in the rooms will be of competence of the President or of the President of the Agro-Environmental Tribunal.

Article 13. (New Causes). The causes entered into the Agro-Environmental Tribunal as of January 3, 2012,

will be known and resolved by its Chief Magistrate and Magistrate.

CHAPTER FOURTH

COUNCIL OF THE MAGISTRATE

Article 14. (Escalafon and Carrera Judicial). The Council of the Magistrature, according to what is established by the

Political Constitution of the State and the Law of the Judicial Branch, will review the Judicial Escalation, prepare and approve the regulation that regulates the system of entry into the judicial, stability, evaluation, promotion, transfers, permutas, suspension and removal of judicial and administrative officials, judges, judges, transition, adequacy and implementation of the new judicial career.

Article 15. (School of State Judges).

I. The School of Judges of the State, based in the city of Sucre, must operate on the basis of the movable property,

real estate, assets, liabilities, budget and documentation that correspond to the Institute of the Judicature.

II. The directory of the School of State Judges, will prepare and approve the regulations for its operation and

implementation within the maximum period of sixty days.

Article 16. (Judges and Disciplinary Judges).

I. Within the period of thirty days of possesionadas and possessionals the Consejors and the Directors of the Magistrature, will be

will proceed to the issuance of the national public call, for the selection and designation of the Disciplinary Judges in the nine departments of the country.

II. While the disciplinary judges are appointed, the complaints of disciplinary misconduct will be received by the and

the departmental officials of the Council of the Magistracy, suspending the processing periods until the designation of the corresponding Disciplinary Judges.

Article 17. (Conclusion of Disciplinary Processes).

I. Disciplinary processes, generated in merit of Law No. 1817 of December 22, 1997, must be

completed in accordance with it.

II. Disciplinary processes that are in a state of appeal, in the Council of the Judicature, will be resolved

until its conclusion by the instance of liquidation to be established by the plenary of the Council of the Magistrature, in a maximum term of twelve months.

Article 18. (Conciliatory or Conciliator). The requirement, convocation and designation, of the conciliators and

the conciliators, will be made after the entry into force of the new procedural codes.

Article 19. (District Representations and Liquidator Commission).

I. Las and the District Representatives will remain in office until the Council of the Magistrature designates

departmental managers, carrying out all the administrative tasks inherent in the activity of the district and the entrusted by the Council of the Magistracy and the Supreme Court of Justice, directly or through the Administrative and Financial Directorate.

II. The addresses and heads of the management structure of the Council of the Judiciary will form a liquidation commission under the control of the Board of Control and Fiscalization of the Council of the Magistrature; be made within a maximum of 90 days.

III. For the purposes of the exercise of the new powers of the Council of the Magistracy, the full Council, in a form

provisional, shall designate the persons responsible for:

Control and audit.

Management policies.

Human Resources.

CHAPTER QUINTO

PLURINATIONAL CONSTITUTIONAL COURT

Article 20. (Settlement of Outstanding Causes).

I. The Full Room of the Plurinational Constitutional Court, will constitute a Transitional Liquidator Chamber, made up of five Substitute Magistrates, elected according to Article 24 of Law No. 027 of the Plurinational Constitutional Court, who shall be responsible for the liquidation of up to the last tutelary action entered on 31 December 2011, in the framework of Law No 1836, the period of which shall not exceed 24 months.

II. The causes entered into the Courts of Guarantees until December 31, 2011 in their respective judicial seats will be reviewed and resolved by the Liquidator Room of the Constitutional Court as established in the paragraph previous.

III. The Plurinational Constitutional Court will have to grant to the Liquidator Room, the technical and human resources for the work of liquidation of causes. In no case shall the alternate Magistrates exercise any acts of representation or conformation of parallel directives.

Article 21. (Staff).

I. The Plurinational Constitutional Court, in the term of ninety days of its possession, will issue the Regulations of

Functions and Requirements of Designation, to convene in a national public form, to contest of merit and examination of competence to select and designate in plenary, the Secretariat or Secretary General, Director or

Administrative director, advisor body, and other required servers or servers.

II. All the servers and all the servers of the Constitutional Court, must continue to transition in their

functions, in the Plurinational Constitutional Court, until the new designation of the servers and servers, the same that they may participate in the selection and designation processes, which the Plurinational Constitutional Court will carry forward, within the framework of its powers.

Article 22. (Institutional Transfer). The Board of Liquidation of the Judicature Council, once

after the Magistrate and the Magistrates of the Plurinational Constitutional Court, must transfer all real estate, furniture, assets, liabilities, accounts, budget, which correspond to the Constitutional Court.

Article 23. (Regulations). The Administrative Directorate and General Secretariat within 90 days of

will draw up the Rules of Staff of the Plurinational Constitutional Court, as well as all the necessary regulations for its proper functioning, which will be approved by the plenum of the Plurinational Constitutional Court. While the regulations outlined for the functioning of the Plurinational Constitutional Court are elaborated, the internal regulations of the former Constitutional Court will remain in force.

FINAL PROVISIONS

First. (Audits). The Supreme Court of Justice through the Administrative and Financial Management,

upon request and authorization from the Comptroller General of the State, will contract the services of an external audit firm, for the realization of special audits and institutional closure. In the case of establishing responsibilities, the maximum authorities must start the corresponding processes.

Second. (Budget).

I. The Ministry of Economy and Public Finance is authorized to approve the budgetary and structure modifications,

that are necessary in the framework of the current regulations for the implementation and operation of the new The institutional structure of the Judicial and Plurinational Constitutional Court.

II. The payment of bonuses is eliminated and any additional payment not provided for in the Law.

Remitase to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-two days of the month of December

of year two thousand eleven.

Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Zonia Guardia Melgar, Carmen García M., Esteban Ramírez Torrico, Ángel David Cortés Villegas.

Therefore, it is enacted to be and comply with the law of the State. Plurlinational of Bolivia.

Palace of Government of the city of La Paz, at the 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 Condori Cup.