Advanced Search

The Law Of Staff Of The Armed Forces Reform Law

Original Language Title: Ley Reformatoria a la Ley de Personal de las Fuerzas Armadas

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Second Supplement -- Official Registration No. 441 -- Friday, February 20, 2015 -- 5

f.) RAFAEL CORREA DELGADO, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. IS FAITHFUL COPY OF THE ORIGINAL.-I CERTIFY IT.- Quito, February 9, 2015. f.) Dr. Alexis Mera Giler, SECRETARY GENERAL OF THE PRESIDENCY OF THE REPUBLIC.

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

Office No. SAN-2015 -0277 Quito, February 13, 2015 Engineer Hugo Del Pozo Barrezueta Director of the Official Register In his office Of My Considerations: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the DRAFT LAW REFORMING THE LAW OF PERSONNEL OF THE ARMED FORCES. In session on February 10, 2015, the plenary session of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. The text of the REFORM LAW TO THE LAW OF PERSONNEL OF THE ARMED FORCES WAS ACCOMPANIED BY ARTICLE 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, as stated in Article 138 of the Constitution of the Republic of Ecuador. to be published in the Official Register. Intently,

f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

CERTIFICATION

As General Secretariat of the National Assembly, I allow myself to CERTIFY that the The National Assembly discussed and approved the "BILL OF REFORM TO THE LAW OF PERSONNEL OF THE ARMED FORCES", in the first debate on April 1 and December 9, 2014; in the second debate on December 22, 2014, and gave an opinion on the Partial objection of the Constitutional President of the Republic on 10 February 2015.

Quito, February 13, 2015 f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

NATIONAL ASSEMBLY

THE PLENO

WHEREAS, in the Official Register Supplement 660 of April 10, 1991, the Armed Forces Personnel Act was published; What, article 3, second paragraph of the Organic Law of Defense states that: " ... their constitutional functions, in the political-administrative aspects, will implement them through the Ministry of National Defense; and, in the military-strategic, with the Joint Command, without prejudice to its direct ; Law No. 32, published in the Official Register Supplement 607 of 8 June 2009, is reformed the Law and establishes that the military grade, classification by its formation and the military situation will be awarded to the General Officers, and within the Senior Officers to the Coroneles and Captains of Navio, by Executive Decree; That, under the aforementioned rules, the Ministry of Defense or the respective General Force Commanders can deal with the (b) administrative provisions relating to promotions according to the respective military grades; and Constitutional and legal powers, issue the following: REFORM LAW TO THE LAW OF PERSONNEL

OF THE ARMED FORCES Art. 1.- Replace Article 25, by the following: " Military grade and classification by training shall be granted: 1. To the General Officers by Executive Decree. 2. To the Senior Officers: Coroneles and Captains of

Navio, Teniors Coroneles, Captains of Fragata, Major and Captains of Corbeta and the Deputy Officers by Ministerial Agreement.

3. To the aspiring officers, staff of Tropa and

aspiring to Troop, by Resolution of the respective Commander General of Force. "

Art. 2.- Replace Article 30, by the following: "Art.30.- Superior by seniority is the one who has the longest service time in the grade. On equal length of stay in the grade, between military of the same Force, the seniority will be determined by order of

6 -- Second Supplement -- Official Registration No. 441 -- Friday, February 20, 2015

location in Executive Decree, Ministerial Agreement or Force Command Resolution, as applicable, and precedence will be a weapon, technicians, services and specialists. Among military personnel of different Force, if the above is not applicable, the age that corresponded to them in the ascent to the immediate previous grade shall be maintained. " Art. 3.- Substitute Article 65 for the following: " The military situation shall be established:  To the General Officers by Executive Decree; • To the Senior Officers: Coronels and Captains of

Navio, Tenants Coroneles, Captains of Frigate, Major and Captains of Corbeta; and,

 Subalternate Officers by Agreement

Ministerial. For the aspirants to Officers, staff of Troop and aspirants of Troop, by resolution of the respective Commanders of Force. " Art. 4.- Replace Article 171 with the following: "Art.171.- When the military officer is in the Commission or performs functions abroad and should be placed in availability or discharged, his return to the country shall be ordered within the time limit. maximum of 30 days; and, once in this, the respective Executive Decree, Ministerial Agreement or Resolution shall be issued as appropriate. " Art. 5.- Reform Art. 45, for the following: " The President or President of the Republic is responsible, exclusively, for the employment and assignment of edecanies to his service, if he considers it appropriate, who will determine his functions and the time The term of office shall not exceed two years. The Military Chief of the Presidential House shall exercise this position for one time and for the period that the President of the Republic shall determine. For the designation of edecans and the Military Chief of the Presidential House, the Minister of National Defense will present a list of candidates for each position to the President of the Republic, from which he or she will make the headlines. The orders of the Minister of National Defense, the Chief of the Joint Command of the Armed Forces and the Force Commanders, will be held for a period of no more than two years and for one time in the entire military career of the Army. official. " Transitional Provision: Edecans who were appointed and are in office under the Armed Forces Personnel Act.- The Edecans who were appointed under the Armed Forces Personnel Act in force. and whose

provisions are reformed by this Reform Law, will remain in office until the end of the period for which they were appointed. Final Disposal.- This Law shall enter into force on the basis of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, ten days in the month of February, two thousand fifteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

No. 008-2015

THE PLENARY OF THE COUNCIL OF THE JUDICIARY

CONSIDERING:

What, article 178 of the Constitution of the Republic of Ecuador disposes: " The Council of the Judiciary is the governing body, administration, surveillance and discipline of the Judicial Function ... "; What, the numerals 1, 3 and 5 of article 181 of the Constitution of the Republic determine: " They will be functions of the Council of the Judicature, in addition to those it determines the law: 1. Define and implement policies for the improvement and modernization of the judicial system; (...) 3. Lead the selection processes of judges and other servants of the Judicial Function, as well as their evaluation, promotions and sanctions. All the processes will be public and the reasoned decisions (...) 5. Ensure the transparency and efficiency of the Judicial Function ... "; What, article 182 of the Constitution of the Republic of Ecuador states: " The National Court of Justice shall be composed of judges and judges in the number of twenty and one, who will be organized in specialized rooms, and will be appointed for a period of nine years; they will not be able to be re-elected and will be renewed for three-thirds every three years. They will cease in their positions under the law ... "; What, article 89 of the Organic Code of the Judicial Function disposes: " The Council of the Judicature will determine the objectives, technical standards, methods and procedures of the assessments, according to qualitative and quantitative criteria, that, on the basis of technical parameters, will develop the Human Resources Unit of the Council of the Judiciary. "; What, article 254 of the Organic Code of the Role Judicial establishes: " The Council of the Judicature is the single organ of government, administration, monitoring and