Constitutional Reform Concerning The Judicial Power

Original Language Title: REFORMA CONSTITUCIONAL RELATIVA AL PODER JUDICIAL

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"Single article.-Introducense in the Constitution politics the following modifications: 1. replace the number 14 of article 32, with the following:"14th. " Appoint judges and judicial prosecutors of the courts of appeals and the lawyers judges on proposition of the Supreme Court and the courts of appeals, respectively; Member of the Constitutional Court that suits you designate; and judges and judicial prosecutors of the Supreme Court and national prosecutor, to the proposition of the Court and with the agreement of the Senate, all in accordance with prescribed in this Constitution; "."

2. replace the number 9) article 49, by the following: "9) adopt, in session specially convened to the effect and as vote of two-thirds of the senators in office, the appointment of Ministers and judicial prosecutors of the Supreme Court and the national prosecutor, and".

3.-Introducense the following amendments to article 75: to) replace the second paragraph by the subsequent subparagraphs, passing current paragraphs third, fourth and fifth to be sixth, seventh and eighth, respectively: "the Supreme Court shall consist of 21 Ministers.
Ministers and judicial prosecutors of the Supreme Court shall be appointed by the President of the Republic, by selecting them from a list of five people that, in each case, propose the same court, and with agreement of the Senate. This will adopt the respective agreements by two-thirds of its members, in session specially convened for the purpose. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court must complete the machine by proposing a new name instead of the rejected, repeating the procedure until an appointment is approved.
Five of the members of the Supreme Court shall be lawyers foreign to the administration of Justice, have at least fifteen years of title, have been prominent in the professional or university activity and meet other requirements that indicate the respective constitutional organic law.
Supreme Court case provide a fee that corresponds to a member from the judiciary, will form the roster exclusively with members of this and should have a place in it the oldest Minister of Court of appeals listed in list of merits. The other four places will be filled in accordance with the merit of the candidates. Trying to provide a vacancy corresponding to the administration of Justice lawyers, the Payroll will be formed exclusively, prior public tender of a history, with lawyers who meet the requirements set out in the fourth subparagraph. "."
(b) add after the fifth paragraph, which happened to be eighth, the following new paragraph: "Supreme Court and courts of appeals, where appropriate, will form the machines or the triads in the specially convened to this effect, on a same and unique vote, where each of its members shall be entitled to vote by two or three persons respectively. They will be elected who obtain five or three first majorities, as appropriate. The tie will be resolved by lot. "."
(c) Reemplazanse, in the final paragraph, the words "thirty days" by "sixty days".

4. replace the fourth subparagraph of article 77, by the following: "The Supreme Court, in full specially convened for that purpose and by an absolute majority of its members, may authorize or order, founded, the transfer of judges and other officers and employees of the Judicial Branch to another charge of equal category.".

5 added to article 79 following subsection second, new, becoming the current third paragraph: "the higher courts of Justice, in exercise of its disciplinary powers, can only invalidate judicial resolutions in the cases and manner established the respective constitutional organic law.".

6 delete the final sentence of the second paragraph of article 81, which reads as follows: "(Además, en los casos de las letras b) and (d), shall be persons who are or have been lawyers members of the Supreme Court for three consecutive years, at least.".

7 replace first subparagraph transient eighth by the following layout, passing the current subsection second to fourteenth: "the rules concerning the age laid down in the second paragraph of article 77 shall apply as of January 1, 1998, with respect to the judges of the higher courts of Justice which was in service from March 11, 1981."
Minister of the Supreme Court vacancies corresponding to the four new squares that are created under the modification to article 75 and which occur in this Court applies the rule relating to the age referred to in the preceding paragraph, will be provided in accordance with the following rules.
The Supreme Court, to provide four new squares of Minister, within the period of ten days from the publication of this law of constitutional reform, will propose to the President of the Republic two payroll of about ten people each. One will be formed with members of the judiciary, and must include two Ministers of Court of appeals oldest appearing in list of merits and that must not cease in their charges by application of the first paragraph of this transitional provision, and the other will be formed with attorneys to the administration of Justice which comply with the requirements referred to in the fourth subparagraph of article 75.
To provide vacancies that occur on 1 January 1998 by application of the age limit to the Ministers of the Supreme Court who have completed to this date 75 or over years of age, the Supreme Court shall propose to the President of the Republic, within the first ten days of the month of January 1998, two new payroll each one of which will be integrated by the equivalent of half of the fivefold of the number of vacancies produced. One will be formed with members of the judiciary, and must occupy a place in five of the proposed Ministers of Court of appeal oldest appearing in list of merits and that not must cease their charges by application of subsection first of this transitional provision in it. The other will be formed with attorneys to the administration of Justice which comply with the requirements established in the fourth subparagraph of article 75.
Within third day received payroll referred to in subparagraphs preceding and the respective opportunities, the President of the Republic will propose to the Senate, at the same time, as many names as the number of vacancies to fill in each case. Each proposition, half of the people included should be members of the judiciary and the other half to the administration of Justice, lawyers to complete the number of five of these lawyers that must integrate the Supreme Court.
The Senate, within six days of each Presidential proposal, session specially convened to the effect and as vote of two-thirds of its members, shall be dealt in separate and successive votes by each one of the proposals.
In the event that the Senate will reject some of the names submitted by the President of the Republic, this suggest, within the second day, a new name from those included in the respective payroll and the Senate shall decide within third day of made the new proposal, repeating the procedure until a presidential proposal is approved. If five names from a same Payroll rechazaren, the Supreme Court must complete it, to meet the total, within a period of five days, during which the above terms will be suspended.
To form payroll for lawyers to the administration of Justice indicated in the preceding subparagraphs, the Supreme Court will call, in third day of posted this law of constitutional reform, public history contest. The plenum of the Supreme Court shall elect those who integrate these payroll and who will replace the rejected candidates, from among persons submitted to the contest.
Payroll referred to in the preceding paragraphs will be formed by the plenum of the Supreme Court, in a same and unique vote. For these purposes, each Minister may vote up to the equivalent of two-thirds of the total number of people who will integrate such payrolls, resulting elected who obtain the highest votes.
Notwithstanding the pension benefits to which they are entitled according to current regulations, Ministers who must cease their charges by application of this transitional provision shall be entitled to an adequate compensatory benefit, to be fixed by law.
The judges of the higher courts of Justice referred to the section first, which will serve as President of the Supreme Court, will last two years in this role.
That period shall run from the date of the respective appointment.
The Ministers designated prior to January 2, 1998, will assume their posts from that day. "."

8 Add the following transitional provision: "Trigesimanovena-in the year following the date of publication of the present law on constitutional reform may not appear in the payroll to integrate the Supreme Court who have held the positions of President, Congressman, Senator, Minister of State, Mayor, Governor or mayor.". "."
Having the Constitutional Court declared inadmissible the interposed requirement to be declared the unconstitutionality of the No. 7 of the single article in this project, by nursing No. 1351, dated December 17, 1997; and because I have enough to approve it and punish it; therefore enacted and put into effect as a law of the Republic have for incorporated its provisions into the Constitution politics of the Republic, in accordance with the provisions of the final paragraph of article 119 of this constitutional body.