Advanced Search

Organic Law Of Extinction Of Universities And Polytechnic Schools Suspended By The Council Of Evaluation, Accreditation And Assurance Of The Quality Of The Education Top (Ceaaces) And Mechanisms To Ensure The Efficiency...

Original Language Title: Ley Orgánica de Extinción de las Universidades y Escuelas Politécnicas Suspendidas por el Consejo de Evaluación, Acreditación y Aseguramiento de la Calidad de la Educación Superior (CEAACES) y, Mecanismos para Asegurar la Eficiencia...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

: Pags.

LEGISLATIVE FUNCTION

LAW:

NATIONAL ASSEMBLY:

-ORGANIC EXTINCTION LAW OF UNIVERSITIES AND POLYTEC SCHOOLS SUSPENDED BY THE EVALUATION COUNCIL, ACCREDITATION AND QUALITY ASSURANCE OF HIGHER EDUCATION (CEAACES) AND MECHANISMS TO ENSURE EFFICIENCY IN THE DISTRIBUTION AND USE OF PUBLIC RESOURCES IN THE HIGHER EDUCATION SYSTEM ............................. 2

JUDICIAL FUNCTION AND INDIGENOUS JUSTICE

RESOLUTIONS:

COUNCIL FROM THE JUDICIARY:

087-2016 Excise the Regulation for Registration at the Ecuador Lawyers ' Forum .............................. 13

186-2016 Grant provisional appointments to the servers of the Function Judicial .......................... 17

194-2016 Grant appointments of public defenders to those eligible for the defence race in the provinces of Guayas, Manabi and Pichincha 21

195-2016 appointments of financial agents to the eligible persons as set out in Resolution 022-2015 of 12 February 2015, for the financial race in the provinces of Guayas and Esmeraldas. 25

TRANSPARENCY AND SOCIAL CONTROL FUNCTION

AGREES:

STATE GENERAL CONTRAST:

039-CG-2016 Reform the Instructive that regulates the publication of information on the web page ...... 27

040-CG-2016 Expense the Instructive for Registration and Use of Electronic Media or Services .............................. 29

Year IV-No. 913

Quito, Friday 30 of

December 2016

Value: US$ 1.25 + VAT

ING. HUGO DEL POZO BARREZUETA

DIRECTOR

Quito: Avenida 12 de Octubre

N23-99 and Wilson

Second Floor

Power stations and sales:

Telf. 3941-800

Exts.: 2301-2305

Distribution (Storeroom):

Manosca Nº 201 and Av. 10 of August

Telf. 243-0110

Guayaquil Branch:

av. 9 October 1616 and Av. Army

corner, Edifi cio of the Bar Association

of the Guayas, first floor. Telf. 252-7107

Annual subscription:

US$ 400 + VAT for the city of Quito

US$ 450 + VAT for the rest of the country

Printed on National Editor

36 pages

www.registrofi cial.gob.ec

Country

from 1st July 1895

SECOND SUPPLEMENT

2- Friday, December 30, 2016 Second Supplement-Ofi cial Registration No. 913

REPUBLIC OF THE REPUBLIC

Ofi cio No. T. 7167-SGJ-16-0033

Quito, December 22, 2016

Lord Engineer Hugo E. Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In his office

Of my consideration:

This year, Mrs. Gabriela Rivadeneira Burbano, President of the National Assembly, referred to the Constitutional President of the Republic the Project of Organic Law of Extinction of the Universities and Schools suspended by the Council of Evaluation, Accreditation and Assurance of the Quality of Education Superior (CEAACES) and mechanisms to ensure the efficiency of the distribution and use of Public Resources in the System of Higher Education.

This Law has been sanctioned by the President of the Republic today, so, According to the provisions of Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, I refer to you the aforementioned Law in original and certified copy each, as well as the certificate of discussion, for your corresponding publication the Ofi cial Register.

Additionally, please thank you once the respective publication, the original copies will be sent to the National Assembly for the relevant purposes.

Attentive,

f.) Dr. Alexis Mera Giler, Legal Secretary General.

REPUBLIC OF ECUADOR

NATIONAL ASSEMBLY

CERTIFICATION

In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed the " BILL OF EXTINCTION UNIVERSITIES AND SCHOOLS SUSPENDED BY THE EVALUATION BOARD, ACCREDITATION AND QUALITY ASSURANCE OF HIGHER EDUCATION (CEAACES) " in the first debate on 11 February 2016; and the " DRAFT ORGANIC LAW FOR THE EXTINCTION OF UNIVERSITIES AND POLYTECHNICS SUSPENDED BY THE COUNCIL " was approved. EVALUATION, ACCREDITATION AND QUALITY ASSURANCE OF HIGHER EDUCATION (CEAACES) AND MECHANISMS TO ENSURE EFFICIENCY IN THE DISTRIBUTION AND USE OF PUBLIC RESOURCES IN THE

HIGHER EDUCATION SYSTEM debate on 13 December 2016.

Quito, December 13, 2016

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat

REPUBLIC of Ecuador

NATIONAL ASSEMBLY

THE PLENO

CONSIDERING

What, Article 3, numeral 1 of the Constitution of the Republic, provides which: " They are the primary duties of the State: 1. Ensure without discrimination the effective enjoyment of the rights established in the Constitution and in international instruments, in particular education ";

That, Article 26 of the Constitution of the Republic, determines that: " Education is a right of people throughout their lives and an inescapable and inexcusable duty of the State. It is a priority area of public policy and state investment, a guarantee of equality and social inclusion and a prerequisite for good living. People, families and society have the right and responsibility to participate in the educational process ";

What, article 27 of the Constitution of the Republic states:" Education will focus on the human being and guarantee its Holistic development, in the context of respect for human rights, the sustainable environment and democracy; it will be participatory, obligatory, intercultural, democratic, inclusive and diverse, of quality and warmth (...). Education is indispensable for the knowledge, exercise of rights and the construction of a sovereign country, and constitutes a strategic axis for national development ";

That, Article 28 of the Constitution of the Republic provides: "Education will respond to the public interest and will not be at the service of individual and corporate interests";

That, Article 133 of the Constitution, states that " Laws shall be organic and ordinary. They will be organic laws (...) 2. Those that regulate the exercise of constitutional rights and guarantees ";

What, article 211 of the Constitution prescribes:" The Comptroller General of the State is a technical agency in charge of the control of the use of State resources, and of legal persons governed by private law who have public resources ";

That, numerals 1 and 2 of Article 212 of the Constitution determine:" 1. To direct the administrative control system which consists of internal audit, external audit and internal control of public sector entities and private entities with public resources. 2. Determine administrative and civil responsibilities

Friday 30 December 2016-3Registration Ofi cial Nº 913-Second Supplement

culpous and indicia of criminal liability, related to the aspects subject to its control, without prejudice to the functions that in this matter are ";

What, article 297 of the Constitution of the Republic determines that:" The institutions and entities that receive or transfer are goods or public resources shall be subject to the rules that govern them and the principles and procedures for transparency, accountability and public control "

What, Article 350 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the European Union, is: " The system of higher education has as its fi nality academic and professional training with scientific and scientific vision; scientific and scientific research; innovation, promotion, development and dissemination of knowledge and cultures; building solutions to the problems of the country, in relation to the objectives of the development regime ";

What, article 351 of the Constitution of the Republic says: " The higher education system will be articulated to the national education system and to the plan National of Development; the law will establish the mechanisms of coordination of the higher education system with the Executive Function. This system will be governed by the principles of responsible autonomy, co-government, equal opportunities, quality, pertinence, integrality, self-determination for the production of thought and knowledge, in the framework of the dialogue of knowledge, universal thought and global scientific science production ";

What, article 352 of the Constitution of the Republic of Ecuador states:" The higher education system will be integrated by universities and polytechnic schools; technical, technological and pedagogical institutes; and music and arts conservatories, duly accredited and evaluated;

These institutions, whether public or private, will not have a financial gain ";

That, Article 353 of the Legal Body referred to above, states:" The higher education system shall be governed by: 1. A public body of planning, regulation and internal coordination of the system and the relationship between its different actors with the Executive Function. 2. A technical public body for accreditation and quality assurance institutions, careers and programmes, which may not be made up by representatives of the institutions subject to regulation ";

Which, Article 354 of the Constitution of the Republic states:" (...) The body responsible for the planning, regulation and coordination of the system and the body responsible for the accreditation and insurance of the quality may suspend, in accordance with the law, universities, polytechnic schools, higher, technological and pedagogical institutes, and conservatories, and request the repeal of those created by law ";

Article 355 of the Constitution, rule: "(...) Autonomy does not exempt institutions

from the system of being fi scalized, from social responsibility, accountability and participation in the national plan (...).";

Article 356 of the Constitution determines: " Public higher education will be free up to the third level. (...) The collection of tariffs in particular higher education will have mechanisms such as scholarships, credits, income quotas, or others that allow for integration and social equity in its multiple dimensions. ";

What, the Disposition Transitory 18th of the Constitution says: " (...) Only, after evaluation, the private universities that at the entry into force of this Constitution receive allocations and income from the State, according to the law, will be able to continue perceiving them in the future. These entities shall be accountable to the public funds received and shall allocate the resources provided by the State to the grant of scholarships to students of limited economic resources since the beginning of the career. ";

of the Constituent Mandate No. 14, on 04 November 2009, the National Council for Evaluation and Accreditation of Higher Education of Ecuador (CONEA) presented the Technical Report on Institutional Performance Evaluation of the Universities and Technical Schools of the SEcuador, according to which twenty-six institutions of education In the case of a higher education institution, the higher education system is based on the following: " (...) these are institutions which do not, in any case, present the conditions required by the functioning of a university institution and in which the sciences and problems affecting the Ecuadorian university ";

What, in terms of the distribution of resources, article 24 of the LOES expresses:" (...) The resources allocated annually by the State in favor of the universities, schools polytechnics, higher technical, technological, pedagogical, arts and conservatory institutes public and private individuals who receive income and allocations from the State, will be distributed on the basis of quality criteria, science, equity, justice and academic excellence, (...) ";

What, article 30 of the LOES determines:" Private universities and polytechnic schools that, at the time of the entry into force of the Constitution of the Republic of Ecuador, receive allocations and income from the State, will be able to continue to perceive them in the future. They are obliged to allocate these resources to the granting of scholarships for schooling and research to students enrolled in academic programs of any level, which for their origin economic partner, ethnicity, gender, disability or place of residence, among others, have the right to access, maintain and successfully complete their training, from the beginning of the career; as well as teaching and research grants for obtaining the fourth level title. ";

What, Article 41 of the LOES provides: " When the extinction of an institution of higher education is declared public or private that receives income and allocations from the State, its patrimony will be destined to strengthen the institutions

4- Friday, December 30, 2016 Second Supplement-Public Higher Education Ofi cial No. 913

under the responsibility and regulation of the Board of Higher Education.

When the extinction of a particular higher education institution that does not receive public funds, its assets will be destined to strengthen public or private higher education, according to its statutes.

Previous and during this process, public and private institutions will have to meet all their obligations work, legal, and academic commitments to their students. The Regulation to the Law will normalize the procedure ";

What, article 166 of the legal body referred to in the preceding recital determines:" The Council of Higher Education is the body of public law, with legal personality, with its own heritage, administrative independence, financial and operational independence, which aims at the planning, regulation and internal coordination of the Higher Education System, and the relationship between its various actors with the Executive Function and the Ecuadorian society (...) ";

What, Article 169 of the aforementioned Law states:" They are (c) Propose to the National Assembly the repeal of the Law or Decree Law on the creation of universities and polytechnic schools, which will be based on the reports of the Council of Evaluation, Accreditation and Assurance of Quality of Higher Education; h) Approve the suspension of universities and polytechnic schools, based on the report issued by the Board of Evaluation, Accreditation and Assurance Quality of Higher Education by one of the causes established in this Law, without prejudice of the provisions of Article 201; and, k) Approve the statutes of higher education institutions and their reforms; (...) ";

What, article 171 of the LOES stated is:" The Council of Evaluation, Accreditation and Assurance of Quality Higher Education is the technical public body, with legal status and its own heritage, with administrative, financial and operational independence.

It will work in coordination with the Higher Education Council (...) ";

Article 183 literal f) of the LOES establishes among the functions of the National Secretariat of Higher Education, Science, Technology and Innovation: " Design, administer and implement the government's scholarship policy for Ecuadorian higher education; for which it will coordinate, as appropriate, with the Ecuadorian Institute of Education Credit and Scholarships; (...) ";

What, Article 200 of the LOES states:" The suspension implies the total cessation of activities of the university or polytechnic school and derives from the result of the intervention process when from this, it does not have identified favourable conditions for their regularisation.

The suspension is a administrative measure of an administrative nature and automatically entails the processing of the application for the repeal of its Law, Decree Law, Decree, Convention or agreement of creation in accordance with the provisions of this Law (...) ";

Article 201 of the Law referred to in the preceding recital states: " The Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education, may suspend the institutions of the higher education system, on the basis of their functions and functions of accreditation and quality assurance, when they fail to comply with their quality assurance obligations. For this purpose, the procedure laid down in the respective regulations will be observed ";

What, article 202 of the LOES determines:" The extinction of a polytechnic university or school implies its disappearance, and requires the prior fulfillment of the instances of intervention and suspension established in this law. No prior intervention will be required, when the suspension is operated by the Board of Evaluation, Accreditation and Quality Assurance of Higher Education ";

What, article 203 of the LOES provides:" The extinction is It will be legally effective once the National Assembly issues the repeal of the Law on the creation of the suspended higher education institution, or when the holder of the Executive Function issues the decree repealing the functioning of the university or polytechnic school that has been created by this medium (...) ";

What, the Disposition General Segunda de la LOES points out that: " (...) the private universities that at the entry into force of the Constitution receive allocations and revenues from the State and in accordance with this Law will be able to continue to perceive them in the future. These entities shall be accountable to the public funds received and shall allocate the resources provided by the State to the grant of scholarships of the and the students of limited economic resources since the beginning of the race ";

Transitional Provision Third of the Organic Law of Higher Education (LOES) states: " In compliance with the Constituent Mandate number 14, the higher education institutions located in category E by the CONEA report must be evaluated within 18 months after the enactment of this Law. (...) The Universities and Polytechnic Schools that do not meet the quality parameters required by the Board of Evaluation, Accreditation and Quality Assurance of Higher Education in this evaluation will be defended nively suspended. It will be the obligation of the National Assembly to immediately issue the repeal of the laws of creation of these Universities and Polytechnic Schools (...) ";

What, article 33 of the General Rules of the LOES prescribes:" the universities and Individual polytechnic schools receiving allocations and income from the State shall submit to SENESCYT, the first month of each year, an Annual Plan of use for such funds, and shall

Friday, December 30, 2016-5Registration Ofi cial No. 913-Second Supplement

the number of scholarships to be awarded and Justifi car the amounts allocated to each of them according to the cost of the student race established by the SENESCYT ";

What, Article 35 of the General Regulation to the Organic Law of Higher Education states:" When the declaration of extinction of an institution of higher education corresponds to a university or public polytechnic school or In particular, it receives income and allocations from the State, the repeal of the legal instrument of creation of the polytechnic university or school issued by the National Assembly or the competent body shall include the destination of that estate, previously held by the Board of Higher Education, in accordance with the Law.

When the declaratory of extinction corresponds to a particular polytechnic university or school that does not receive allocations or income from the state, the repeal of the legal instrument of creation of the university or polytechnic school that is issued by the National Assembly or the the competent body shall establish the destination of its assets by virtue of its status. (...) ";

What, the Transitional Provision Third of the General Regulation to the LOES states:" To comply with the provisions of the Transitional Provision Third of the Law, the CEAACES, will execute the process of evaluation to the institutions of higher education that were located in category E of the report of the former CONEA, in compliance with the Constituent Mandate number 14 (...) ";

What, article 109 of the Law of the Market of Values, contained in the Second Book of the Organic Code Monetary and Financial points to the fact that commercial money is a contract for which " one or more persons called the constituent or the right-of-house, in a temporary and irrevocable manner, the property of movable or immovable property or immovable property, which exists or is expected to exist, to an autonomous heritage, legal personality to ensure that the company, which is a fund manager and in such a capacity as its legal representative, complies with the specific requirements set out in the contract of the constitution, or in favour of the own constituent or a third party called a benefi. The autonomous heritage, this is the set of rights and obligations which are affected by the law and which is constituted as the legal effect of the contract, is also known as commercial law, and each commercial property will have a name peculiar to the constituent in the contract for the purpose of distinguishing it from others that the fi-ducer Has For His Activity ";

That, The Council of Evaluation, Accreditation and Assurance of Quality of Higher Education (CEAACES), in compliance with the provisions of the LOES in relation to compliance with the Provisions of the Constituent Mandate No. 14, carried out the evaluation of the universities and polytechnic schools category E and, on 11 April 2012, notified the Council of Higher Education (CES) of the suspension of 14 institutions of higher education, for having obtained a technical opinion "NOT ACCEPTABLE" in the performance of the quality parameters of higher education, of which thirteen were created by Law and one through Executive Decree;

Council of Higher Education (CES), in its Tenth Second Regular Session, developed on 12 April 2012, resolved to approve the suspension of the institutions of higher education institutions;

That, by Resolution RPC-SO-012-No. 056-2012, of 11 April 2012, the plenary of the Council of Higher Education (CES) approved the Regulation of the Creation, Intervention and Suspension of Universities and Polytechnic Schools (CODIVENO), reformed through the resolutions RPC-SO-027-No. 196-2012, RPC-SO- 22-No. 220-2013, RPC-SO-35-No. 348-2013, RPC-SO-08-No. 086-2014, and RPC-SO-09-No. 102-2014 of 15 August 2012, 12 June 2013, 11 September 2013, 05 March 2014 and March 12, 2014, respectively;

That, the Board of Higher Education-CES- in the exercise of its legal powers, approved the reform of the statutes of the Universities and Polytechnic Schools suspended by the CEAACES, for the purpose of complying with the provisions of article 41 of the LOES and to make the provisions of this Project viable, in accordance with the following detail:

Institutions of higher education

Reform approval resolution

status or its equivalent

Ecologic Polytechnic Top School Amazon

RPC-SO-18-No. 296-2016

American Technological University

RPC-SO-20-No. 331-2016

Ecologic Polytechnic Higher School "Professor Servio Tulio Montero Ludena"

RPC-SO-11-No. 117-2015

University Particular Environmental Science Technique "José Peralta"

RPC-SO-11-No. 125-2015

San Antonio de Machala Technological University "

RPC-SO-11-No. 128-2015

Quito Autonomous University

RPC-SO-11-No. 123-2015

Latin American Christian University

RPC-SO-11-No. 119-2015

Alfredo Pérez Guerrero University "

RPC-SO-11-No. 118-2015

Universitas Equatorialis RPC-SO-11-No. 126-2015

Pan-American Basin University

RPC-SO-11-No. 122-2015

OG MANDINO University"

RPC-SO-11-No. 121-2015

Inter-American University of Ecuador

RPC-SO-11-No. 120-2015

Intercontinental University RPC-SO-11-No. 124-2015

In exercise of the powers laid down in Article 120, number 6, in agreement with Article 133 of the Constitution of the Republic of Ecuador, issue the following:

6- Friday, December 30, 2016 Second Supplement-Ofi cial Registration No. 913

ORGANIC LAW OF EXTINCTION OF UNIVERSITIES AND SCHOOLS

POLYTECHNICS SUSPENDED BY THE EVALUATION BOARD, ACCREDITATION

AND ASSURANCE OF THE QUALITY OF HIGHER EDUCATION (CEAACES) And,

MECHANISMS TO ENSURE EFFICIENCY IN THE DISTRIBUTION AND USE OF

PUBLIC RESOURCES IN THE HIGHER EDUCATION SYSTEM

CHAPTER I

OF EXTINCTION OF EDUCATION INSTITUTIONS SUPERIOR SUSPENDED

DEFINITELY

Article 1.-Scope.- This Law is mandatory for the organizations and institutions that integrate and govern the System of Higher Education, in relation to the extinction of the universities and polytechnic schools suspended by the Council of Evaluation, Accreditation and Assurance of Quality of Higher Education (CEAACES) and, to the mechanisms that ensure accountability, the distribution and efficient use of public resources.

Article 2.-Of the object.- This law aims to close down the stage of higher education which represented the existence of institutions which did not comply with the quality parameters; to extinguish the suspended universities and polytechnic schools by the Council of Evaluation, Accreditation and Assurance of Quality of the Higher education (CEAACES) created by law; guarantee the right to quality higher education and, establish mechanisms to ensure accountability, distribution and use of public resources in favour of the Higher Education System institutions.

Article 3.-From extinction.-Exact within a period of 60 days from the publication of this Law in the Register Ofi cial the following universities and schools polytechnics:

• Amazonian Ecolabel Superior School.

• University Technological America.

• Escuela Superior Politécnica Ecológica "Professor Servio Tulio Montero Ludena".

• Technical University of the Environmental Sciences "José Peralta".

• University of Technology "San Antonio de Machala".

• Universidad Autónoma de Quito.

• Universidad Cristiana Latinoamericana.

• Universidad "Alfredo Pérez Guerrero".

• Universitas Equatorialis.

• Universidad Panamericana de Cuenca.

• University " OG MANDINO. '

• Inter-American University of Ecuador.

• Intercontinental University.

CHAPTER II

OF THE HERITAGE OF EXTINCT POLYTECHNIC SCHOOLS AND UNIVERSITIES

Article 4.-Constitution of the Commercial trust.- Exceptionally and before extinction, within a period of forty-five days, as of the publication of this Law in the Ofi cial Register, the institutions of higher education referred to in the article (a) they have the obligation to constitute a commercial administration, a through temporary administrators, who will be entitled to the higher education institutions specified in Article 14 of this Law as a benefit to them.

The purpose of the property is to constitute the assets self-employed persons with the assets of the entities referred to in Article 3 above, in order to pay with the results of their administration the liabilities in favour of the employees, the public sector, and the accreances laid down in Article 7 of the present Law and transfer of surplus, if any, in favour of higher education institutions (i)

financial institution shall be administered by the National Financial Corporation, which shall act as an institution, acting as a financial institution, in accordance with the statutes of the institutions suspended or established by the Board of Higher Education, as the case may

. Trustee. The EU will have a Board of three representatives of the Higher Education Council (ESC).

For the purpose of the purpose of the financial year, the financial institution, within a period of not more than 12 months, shall be responsible for the disposal of the assets, the payment of the loans, the transfer of the surplus, if any, and the settlement of the asylum, in accordance with the decisions of the procedure and control issued by the Board of the Fund. The deadline for compliance with the purpose of the financial year may be extended by resolution of the Board for a single time and for a maximum of one hundred and eighty days, for duly justified and informed reasons.

Article 5.-Transfer of the temporary administrators, within the time limit laid down in Article 3, and before the extinction of the universities and polytechnic schools referred to in Article 2, as legal representatives of these (a) institutions shall transfer the assets and the assets and the assets and liabilities to the property rights, so that, once they have been registered and integrated into the assets of the financial institution, they will serve to cover liabilities, other obligations of the university universities and related extinct polytechnic schools and obligations arising from the application of this Law.

Friday 30 December 2016-7Registration Ofi cial No 913-Second Supplement

Assets forming part of the autonomous assets of the financial institution may not be subject to precautionary measures, prohibition of disposal, providences Article 6.-From the sale of the assets of the estate.

Article 6.-From the sale of the assets of the estate.

- property of the estate of extinct polytechnic schools and universities, which were transferred to the country before its extinction, will be transferred by the financial authority on behalf of the legal entity, through direct sales, public auction or auction, following the appropriate legal procedures, with criteria for advertising and transparency.

Article 7.-Of the accounts receivable.- The accounts receivable that formed part of the assets of the university and the extinct polytechnic schools, and which were transferred to the financial institution before their extinction, they must be paid in cash by the debtors, directly to the (a) an icomiso that, by the authority of this Law, is subrogated in the credit rights of the first creditors, resources that will be used exclusively for the payment of loans and the expenses generated pursuant to this Law.

For the collection of the accreances, the terms or deadlines stipulated in the legal instruments for which the obligation was generated will be considered.

For legal instruments in which the terms or deadlines of the legal instruments are not payment, natural and legal persons liable to pay the securities due in the term (a) maximum of 120 days, counted from the extinction of the institutions referred to in Article 3.

Accounts receivable in favour of suspended higher education institutions shall be paid in cash by the institutions. debtors, directly to them before their extinction.

Article 8.-Of the payment of loans.-The financial institution shall, except as provided in Articles 9 and 10, pay all outstanding liabilities of universities and polytechnic schools (a) the period of publication of this Law shall be recorded in the financial statements of its financial statements; duly audited, and the accretions recognised in enforceable court judgments. The surplus values that cannot be covered in compliance with this article will be extinct.

The payments will be made exclusively with the resources from the disposal of the assets that formed the assets of the (a) the institutions of higher education that are extinct and which have been transferred to the EU, regardless of where the resources come from, which will have to be recorded in the accounting of the financial year separately.

None public sector institution as defined in Article 225 of the Constitution of the Republic of Ecuador will be able to oppose receiving goods for the payment of the accrecias acquired by the institutions of higher education.

The financial institution, after paying all the securities owed to the workers, to the Institute Ecuadorian Social Security, the Internal Revenue Service and other public sector entities, will pay the Council of Higher Education (CES), the resources transferred by the State in favor of higher education institutions extintas under the Investment Project called Contingency Plan.

At least 70% of the These resources will be used to guarantee the rights of students from the extinct polytechnic schools and universities so that they can continue their regular studies in other institutions of higher education, while the percentage The remaining funds will be allocated exclusively to the funding of the Contingency Plan Scholarships Program and to the creation and operation of the Documentary Management Center of the extinct institutions.

Article 9.- (i) the payment of the fees and the order of priority.-The financial institution shall pay the loans favour of the natural and legal persons, public and private, without distinction from the originally debtor universities and polytechnic schools, up to a maximum of one hundred and fifty basic salaries unifed by a creditor and by a single time, with the exception of the accrecias in favor of the entities of the Public Sector, and those that are established in executed court judgments.

The order of precedence of the credits owed and the forms for their payment will be determined by the Civil Code.

Article 10.-From the extinction of the related obligations.- Exempt the accounts payable by the universities and extinct polytechnic schools in favour of the related persons.

For the purposes of the application of this Article, they are persons related to or related to the Extinct polytechnic universities and schools, directly or indirectly, whether natural or legal:

a) Sponsors or promoters;

b) The first executive authority;

c) Vice-chancellor vice-chancellors, in accordance with the provisions of the statutes of the educational institutions

d) Other academic and administrative authorities, in accordance with the provisions of the LOES and its General Regulations.

of the fourth degree of consanguinity or second of the nature of the natural persons determined in this article.

Article 11.-From the accreances between the extinct institutions.- Extent by compensation, the accrecias among the universities and polytechnic schools suspended by the Evaluation Council, Accreditation and Assurance of Quality of Higher Education (CEAACES) that

8- Friday, December 30, 2016 Second Supplement-Ofi cial Registration No. 913

consten in your audited financial statements, as of the creation of the financial institution established in Article 4 of this Law.

Article 12.-From the expiration for recovery.-The accreances not claimed by the beneficiaries in a maximum of sixty days, counted from the call for payment by the financial institution, shall be extinguished, and the benefi will lose its right to recovery, with the exception of the values due to the workers and the institutions of the public sector determined in Article 225 of the Constitution of the Republic of Ecuador.

Article 13.-Of the expenses incurred by the financial year.- All the expenses incurred by the financial year, linked to the application of the This Law shall be exclusively financed from the resources of the assets of the extinct polytechnic colleges and universities transferred to the financial institution, in accordance with the resolutions issued by the Council of Higher Education (ESC) and the Board of the Fund. These expenses will be recorded separately in the accounting of the financial year.

Article 14.-Of the destination of the resources.- The resources from the disposal of the assets of the universities and the extinct polytechnic schools (a) the payment of loans and expenses incurred, without prejudice to the fact that the surplus obtained after the payment of the liabilities is transferred to the higher education institutions determined in the Article 15 of this Law, beneficiaries of the financial year.

CHAPTER III

OF SURPLUSES

Article 15.-From surpluses.- Surplus obtained after the payment of the liabilities of the extinct polytechnic universities and schools, if any, and the goods that have not been sold will be transferred by the financial institution in accordance with Article 41 of the Organic Law on Higher Education (LOES) in favour of the following institutions of higher education:

a) institutions of higher education receiving income and allocations from the State, the transfer of Surplus and goods will operate according to the Council of Higher Education (CES), those that belonged to the extinct Ecole Ecológica Ecológica Amazonian will be destined to offer university courses of conformity with the requirements of their populations and the compliance with the relevant legal regulations, according to the following table:

Extinct Institution of the Surplus Cyarias of the Surplus

Amazonian Ecole École École Ecológica Ecológica Amazonia

Amazonian Regional University IKIAM State University Amazonian School Superior Polytechnic of Chimborazo Technical University of the North

b) In the case of extinct polytechnic universities and schools that did not receive public funds, the transfer will operate in accordance with the the statutes of the extinct higher education institutions and their reforms approved by the Board of Higher Education (CES), during the suspension process, according to the following table:

extinct institution Benefi ciarias de los

surpluses

American Technology University

Technological Institute Superior Aloasi University of Cuenca State University of the South Manabi Technical University of the North National Polytechnic School

School of Higher Polytechnic Polytechnic Professor Servio Tulio Montero Ludena

Technological Institute Superior Beatriz Cueva de Ayora

Particular Technical University of Environmental Sciences José Peralta

Instituto Tecnológico Superior Luis Rogerio González

San Antonio de Machala University of Technology

University of Machala Technical University of North Technical University

University Quito Autonomous University

Aloasi Instituto Tecnológico Superior Aloasi Universidad Central del Ecuador

Latin American Christian University

Ecuador Central University

Alfredo Pérez Guerrero University

Higher School Polytechnic of Chimborazo

Universitas Equatorialis

École Superior Politécnica de Chimborazo Universidad Central del Ecuador Universidad de Cuenca

Universidad Panamericana de Cuenca

Instituto Tecnológico Superior Luis Rogerio González

OG MANDINO University "

Higher School Polytechnica de Chimborazo Universidad Central del Ecuador

Inter-American University of Ecuador

Polytechnique Superior School of Chimborazo National University of Chimborazo

Intercontinental University

School Superior Polytechnique of Chimborazo

Friday, December 30, 2016-913-Second Supplement

CHAPTER IV

OF INFORMATION AND ARCHIVES OF UNIVERSITIES AND SCHOOLS

EXTINCT POLYTECHNICS

Article 16.-Correction of errors.- The financial statements, opinions, databases and documentary files relating to the assets, liabilities, assets and other obligations of the universities and the extinct polytechnic schools will be delivered, through of temporary administrators, in custody and administration to the financial year.

The errors of form, in terms of figures and values that affect the rights of the creditors, must be remedied by the financial year, at the request of the person concerned within a period of 30 days, counted from the enactment of this Law.

Article 17.-From the archives and information of the extinct institutions.- Before the settlement of the financial year the financial institution must transfer all the databases and files in favour of the Higher Education Council (ESC) relating to the assets, liabilities, assets and other obligations of universities and schools Extinct polytechnics, in addition to files generated during the administration of the computer fi.

Article 18.-Of the responsibility of the temporary administrators.- The temporary administrators in exercise of their positions and the who have exercised this representation, shall be administrative, civil and criminally liable for their decisions for up to five years from the publication of this Law in the Ofi cial Register.

GENERAL PROVISIONS

FIRST.- No public sector entity, under any concept, assume the payment of the obligations acquired by the extinct polytechnic schools and universities.

The members and servants of the Board of Higher Education (CES), the members and servants of the Board of Evaluation, Accreditation and Higher Education Quality Assurance (CEAACES), the servers and authorities of the Ministry of Higher Education, Science, Technology and Innovation (SENESCYT) and the National Finance Corporation (CFN), which will act as a financial institution, and the temporary administrators appointed by this State Council, from the date of their designation, are not personally or jointly responsible for the obligations referred to in Article 7 of this Law, without prejudice to their responsibility for the actions or omissions or omissions, which in the period of the exercise of their functions have been generated or contravened the Ecuadorian legal order.

The payment of the obligations that cannot be satisfied in the form provided for in this Law will be assumed by the former promoters, former sponsors or former legal representatives

of the extinct institutions mentioned in Article 3 of the present Law, which exercised their positions until April 11, 2012, in accordance with the period of exercise of their duties and/or administration.

SECOND.- The Council of Higher Education -CES-, as of the validity of this Law in form Until the end of the year, it will present to the National Assembly a detailed report on compliance with the rules laid down in this Law.

THIRD.-The institutions of higher education, in observance of the law. of the principle of responsible autonomy, they shall forward annually to the Council of Higher Education- its financial statements audited in accordance with the provisions laid down in the Organic Law on Higher Education (LOES), its General Regulation and the other rules to be issued by the Council of Higher Education for that purpose. These financial statements must be published in their electronic portals to meet the criteria of advertising and transparency.

TRANSIENT provisions

FIRST.- Prior to the extinction of the universities and polytechnic schools referred to in Article 3 of this Law, and within 30 days of their publication in the Register Ofi cial, the temporary administrators of the universities and polytechnic schools, in the exercise of their duties to the promulgation of this Law, they will transfer to the Council of Higher Education-the custody and administration of all documentation, databases and academic, financial, administrative, accounting and judicial files that rest in the higher education institutions referred to in this Law.

Higher Education-CES- will issue the necessary regulations to ensure the correct and organized reception of documentary files.

All expenses related to the transfer, custody, administration and investment in equipment and infrastructure linked to the creation of the documentary archive, will be paid by the Trust exclusively with the resources from the assets of the universities and the extinct polytechnic schools, transferred to the Trust.

SECOND.- Within ninety days of the publication of the present Law in the Ofi cial Registry, the Sedes in Ecuador of higher education institutions operating in Ecuador under international agreements and agreements, whose public character has been recognized by this Law, will repatriate the assets in the (a) foreign persons who maintain or have acquired or constituted, directly or indirectly through of subsidiaries, liados or related entities, including the business of the business.

In the event of non-compliance with this obligation, the Board of Higher Education may resolve the temporary or non-permanent suspension of the delivery of resources allocated annually by the State in favour of these institutions.

10- Friday, December 30, 2016 Second Supplement-Ofi cial Registration No. 913

REFORMATTER PROVISIONS

Reform the Organic Law of Higher Education-LOES-:

Article 1.- Replace item 24 with the following:

" Art. 24.-Distribution of resources.- The resources allocated annually by the State in favour of public higher education institutions will be distributed as follows:

a) Institutions of higher education -national public institutions of higher education, the resources allocated annually by the State shall be distributed on the basis of criteria of quality, relevance, science, equity, justice and academic excellence, which among other parameters will override the following:

1. Number of students and cost per race and level;

2. Number, dedication, title and teaching experience based on the relevant assessments;

3. Academic classification and typology of institutions, careers and programs;

4. Linking to society and interculturality;

5. Efi science in teaching and research and relation to the national and regional development;

6. Efi terminal science; and,

7. Administrative science.

The percentages corresponding to each distribution parameter will be set out in the respective regulations, and will take into account: the guidelines of the National Development Plan, an incentive system oriented to academic excellence, the improvement of the training of teachers and researchers, the type of career, the promotion of research, innovation and technological development.

For the distribution of Resources, the Secretariat for Higher Education, Science, Technology and Innovation, will prepare the report (a) to establish the formula for the allocation of resources, for approval by the Board of Higher Education. Once approved, the Secretariat of Higher Education, Science, Technology and Innovation will distribute these resources.

Public higher education institutions that will be created or incorporated into the distribution of Under the law, they will receive the proportional share of the respective income, in accordance with the regulation issued by the ESC.

b) Higher education institutions operating in Ecuador under international agreements and agreements.-In the case of higher education institutions

operating in Ecuador under international agreements and agreements who receive resources from the Ecuadorian State, will continue to do so if they meet each and every one of the following obligations:

1. Remain in the country's higher education system with the status of accredited, in accordance with the Organic Law of Higher Education;

2. Submit to the administrative control of the Comptroller General of the State regarding the use of public resources;

3. Venues in Ecuador will not be able to hold assets abroad, directly or indirectly, through subsidiaries, liadas or related entities, or participate in the constitution of business ventures;

4. To exercise the privileges and immunities granted in its sole favor and exclusively in aspects related to academic and investigative mobility and, of tax exonerations established in the Organic Law of Internal Tax Regime, the Law Reformatory for Tax Equity and the Organic Law of Higher Education;

5. Be accountable in accordance with the provisions of Article 27 of the Organic Law on Higher Education;

6. Allocate public resources to grant total or partial grants, as appropriate;

7. Exempt students enrolled on full scholarship from any fee and tuition fees;

8. Students enrolled on a partial scholarship will pay the maximum difference between the value of the total grant and the partial scholarship, established by the governing body of the government's scholarship policy;

9. Apply the remunerative scale of the academic staff and authorities of the universities and public polytechnic schools approved by the Board of Higher Education;

10. Use the System of Financial Management of the Public Sector eSIGEF in accordance with the Organic Code of Planning and Public Finance; and,

11. Comply with the Ecuadorian legal order.

Higher education institutions operating in Ecuador under international agreements and agreements, the public nature of which has been recognized through this Law and comply with these obligations, shall receive the resources corresponding to the value of the total and partial grants awarded by the governing body of the government's scholarship policy in favour of graduate students with exclusive dedication to the programme from the start of his studies. Scholarships will be awarded on the basis of merit, academic responsibility, socioeconomic status, place of residence and membership of historically excluded groups.

Friday 30 December 2016-11Registration Ofi cial Nº 913-Second Supplement

The value of the total and partial grants will be determined by the governing body of the government's scholarship policy. The admission of students to graduate programs will be performed according to the admission and admission systems of each institution.

For this purpose, the Board of Higher Education, considering the effective compliance with the free of charge public higher education up to the third level, the distribution of tuition and ensuring the stability of the system, will establish annually the percentage of the pre-allocations and other public resources, which will be used for the grant of scholarships post-graduate, total or partial.

Higher education institutions operating In Ecuador under international agreements and agreements that do not allocate all the public resources transferred to the grant of scholarships awarded by the governing body of the government's scholarship policy, they will have to reintegrate the balances not used.

In the event of a proven failure to comply with any of the obligations set out in this article, higher education institutions operating in Ecuador under international agreements and agreements must reinstate to the State the allocations and revenues transferred in the corresponding year fi, without

The Board of Higher Education will issue the regulation that rules these procedures.

Unused balances, restituted resources, as well as those not allocated by the governing body of the Government grants policy for the lack of students who meet the requirements established by this body, will be used for the program of scholarships for post-graduate public higher education. "

Article 2.-Replace item 30 with the following:

"Art. 30.-Allocations and incomes of the State in favour of the private universities and polytechnic schools.- The universities and polytechnic schools which at the time of the entry into force of the Constitution received allocations and Status, they will be able to continue to perceive them in the future if they meet each and every one of the following obligations:

1. Remain in the country's higher education system with the status of accredited, in accordance with the Organic Law of Higher Education;

2. Submit to the administrative control of the Comptroller General of the State regarding the use of public resources;

3. Allocate the resources received to grant total or partial scholarships to students of limited economic resources;

4. Exempt students enrolled on full scholarship from any fee and tuition fees;

5. Students enrolled on a partial scholarship will pay the maximum difference between the value of the total grant and the partial scholarship, established by the governing body of the government's scholarship policy; and,

6. Do not exceed the remunerative scales of the authorities of the universities and public polytechnic schools, which will be established by the higher academic collegiate body according to the remuneration scale of the higher hierarchical level of the public sector, in accordance with the Regulation issued by the ESC.

The Board of Higher Education (CES) will establish annually the percentage of pre-allocations and other public resources in favour of private institutions, which will be distributed according to the value and amount of total scholarships. and partial for third-level studies, awarded to students of limited economic resources, from the beginning of the race, by the governing body of the government's scholarship policy, who will determine the value of these total scholarships or partial, which will be updated periodically.

The admission of these students will be made exclusively according to the systems of admission and admission of the private institutions that receive income and allocations from the State.

Private institutions of higher education that do not allocate all the resources (b) Public transfers to the award of grants awarded by the governing body of the government's scholarship policy must reintegrate unused balances into the State.

In the event of a proven non-compliance with the obligations, the institutions must restore to the State the allocations and rents transferred to the year, without affecting the students.

The unused balances, the resources returned, as well as the unallocated by the governing body of the government's scholarship policy for the lack of students comply with the requirements established by this body, will be used for the program of scholarships for graduate higher education, in accordance with the provisions of Arts 24 and 30 of this Law. "

Article 3.-Remove the last paragraph of Article 168.

Article 4.-

4.1. Replace the literal w) of Article 169 by the following:

" w) Resolve the temporary or non-permanent suspension of the provision of resources allocated annually by the State in favour of the higher education institutions operating in Ecuador under international agreements and agreements, when, by the results of the evaluation carried out by the Board of Higher Education or when the Report of the Comptroller General of the State, concludes that the institution has paid with financial resources Values that should not have been assumed with public resources; and, "

12- Friday December 30, 2016 Second Supplement-Ofi cial Registration No. 913

4.2. Add the following literal:

"x) The other privileges that you require for the exercise of your functions in the framework of the Constitution and the Law."

Article 5.-Replace the last two points of General Disposal Ninth by the following:

Your rector shall be appointed by the President of the Republic, who shall comply with the requirements laid down by law for be rector of an Ecuadorian university. The highest academic higher academic body, chaired by the rector, will be integrated according to the provisions of this Law. The vice-chancellor and other academic authorities shall be appointed by the rector. "

Article 6.-Replace the first paragraph of the Seventh General Disposition by the following:

Seventh.-Higher education institutions operating in Ecuador under international agreements and agreements and which receive resources from the Ecuadorian State, they will continue to do so only if they comply with each and every one of the obligations established in Art. 24 of this Law; they will be governed by these instruments in relation to the designation of their first authorities who will have to meet the same requirements as this law without prejudice to the obligation to observe the provisions contained in this Law, regulations and resolutions of the Board of Higher Education, of the Council of Evaluation, Accreditation and Assurance of Quality of the Higher Education. "

Article 7.-Include in the Organic Law of Higher Education the following General Disposition:

"Tenth Second.- If the institutions of higher education operating in Ecuador under agreements and agreements The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union, gravity of the violation of the rule, the importance of the protected interest and, the volume and importance of the resources committed, in accordance with the Regulation issued by the Board of Higher Education.

If the individual universities and polytechnic schools receiving allocations and income from the State fail to fulfil any of the obligations The Council of Higher Education may, in accordance with Article 30 of this Law, provide for the temporary or non-permanent suspension of the delivery of public funds, in proportion to the infringement, to the seriousness of the breach of the rule, to the the importance of the protected interest and the volume and importance of the resources committed, Regulation issued by the Board of Higher Education.

In the event of non-compliance with the numerals 1 of Articles 24 and 30 of this Law, the State guarantees the continuity of financial scholarships with public funds, in which it will be observed. the criterion of responsibility

academic and socioeconomic level of the students. In other cases, higher education institutions shall be provided with such continuity. "

Article 8.-Include in the Organic Law of Higher Education the following Transitional Provisions:

"Twenty-Eighth.- Until the approval of the General Budget of the State of the year following the entry into These reform provisions, the institutions of higher education that operate in Ecuador under international agreements and agreements, and the individuals receiving income and allocations from the State, will continue to receive the resources.

From the approval of the General Budget " of the State, provided that the system of scholarships is operating normally, the allocation in favour of the private universities and polytechnic schools which receive public resources and the institutions of higher education operating in the Ecuador under international agreements and agreements, the public nature of which has been recognized by this Law, shall be carried out in a progressive manner in accordance with the criteria laid down in Articles 24 and 30 of this Law. The ESC will issue the Rules of Procedure which will rule the procedure.

Private universities and polytechnic schools which do not apply the full amount of resources transferred by the State, because they have not been used in whole or in part by the State. They may be used for the allocation of grants to students of limited economic resources and to teachers for the attainment of fourth-level qualifications, up to a maximum of five years from the entry into force of these grants. reform provisions in the Ofi cial Register. The regulation issued by the ESC will rule the procedure.

Twenty-ninth.- Within nine months of the publication of this Law in the Ofi cial Register, the private universities and polytechnic schools The entry into force of the Constitution will receive allocations and revenues from the State, they will have to comply with the provisions of the number 6. Article 30 of this Law.

Trigth.- Until the approval of the General Budget of the State of the year following the entry into force of these reform provisions, the Board of Higher Education, may resolve the temporary suspension of the provision of resources for the current year, in favour of higher education institutions operating in Ecuador under international agreements and conventions, the public nature of which has been recognised by the This Law, when the results of the evaluation carried out by the Board of Education Superior or when a Report of the Comptroller General of the State determines that the institution has paid with financial resources values that should not have been assumed with public resources. "

REPEAL provisions

FIRST.-expressly remove the following legal instruments of creation:

Friday 30 December 2016-13Registration Ofi cial Nº 913-Second Supplement

a) Law 23, published in the Ofi cial Register 163, 30 September 1997, by which the Polytechnic Higher School was established Amazon Ecological.

b) Law 16, published in the Ofi cial Register Supplement 134, dated August 20, 1997, through which the University of Technology America was created.

c) Law 1, published in the Ofi cial Register 4, of 14 of August 1998, by means of which the École École Écolecnica Ecológica Lecturer " Servio Tulio was created Montero Ludena. "

d) Law 113, published in Register Ofi cial 373, of 31 July 1998, by means of which the Technical Particular University of Environmental Sciences José Peralta was created.

e) Law 31, published in the Ofi cial Register 212, of 15 June 1999, through which the San Antonio de Machala Technological University was created.

f) Law 35, published in the Ofi cial Registry 228, of 07 of July 1999, through which the University was created Quito Autonomous Region.

g) Law 9, published in the Register Ofi cial Supplement 48 of 31 March 2000, by of which the Latin American Christian University was created.

h) Law 34, published in the Ofi cial Registry 244, of 15 January 2001, through which the Universidad Alfredo Pérez Guerrero was created.

i) Law 98, published in the Register Ofi cial 733, of 27 December 2002, by means of which the Universitas Equatorialis was created.

j) Law 38, published in the Register Ofi cial 364, of 25 June 2004, by means of which the Universidad Panamericana de Cuenca.

k) Law 18, published in the Register Ofi cial 147, 17 November 2005, through which the University "OG MANDINO" was created.

l) Law 59, published in the Register Ofi cial 388, of 31 October 2006, by means of which the Inter-American University of Ecuador was established.

m) Law 101, published in the Register Ofi cial 223, 30 November 2007, through which the Intercontinental University was created.

SECOND.-All rules of equal or lesser hierarchy are repealed, and all resolutions opposing this Law.

FINAL DISPOSITION

ONLY.- The provisions of this Law shall enter into force from the date of their publication In the Ofi cial Register.

Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, at the thirteen days of December of two thousand sixteen.

f.) DRA. ROSANA ALVARADO CARRION First Vice President-in-Office of the Presidency

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat

NATIONAL PALACE, IN SAN FRANCISCO DE QUITO, METROPOLITAN DISTRICT, AT TWENTY-TWO IN DECEMBER OF TWO THOUSAND SIXTEEN.

SANCTION AND PROMULGATE

f.) Rafael Correa Delgado, CONSTITUTIONAL PRESIDENT OF THE

REPUBLIC

The copy of the original is fi.-LO CERTIFICÓ.-Quito, December 23, 2016

f.) Dr. Alexis Mera Giler SECRETARY GENERAL LEGAL PRESIDENCY

No. 087-2016

THE PLENARY OF THE COUNCIL OF THE JUDICIARY

CONSIDERING:

What, Article 178 of the Constitution of the Republic of Ecuador has: " The Council of the Judicature is the governing body, administration, surveillance and plina of the

Judicial Function ...";

That, the numeral 2 of article 168 of the Constitution of the Republic of Ecuador, provides: " Judicial function will enjoy administrative, economic and financial autonomy. ";

That, numerals 1 and 5 of article 181 of the Constitution of the Republic of Ecuador foresee:"They will be functions of the Council of the Judiciary, in addition to the to determine the

law: 1. Defi nir and execute policies for improvement

and modernization of the judicial system (...); and, 5. Ensure the

transparency and efficiency of the Judicial Function. ";

What, Article 3 of the Organic Code of the Judicial Function determines:"(...) the organs of the Judicial Function, in the field of their competences, must formulating policies

administrative processing of the Judicial Function for

providing a quality service according to the needs

of users and users ... ";

What, Article 17 of the Organic Code of the Judicial Function states: " The administration of justice by the Judicial Function is a public service, basic and

fundamental of the State ... ";