Organic Reform Of The Code Organic Of The Role Judicial Law

Original Language Title: Ley Orgánica Reformatoria del Código Orgánico de la Función Judicial

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_organica_reformatoria_del_codigo_organico_de_la_funcion_judicial_y_del_codigo_de_procedimiento_penal_tramite_no_0.pdf



CONSIDERING: That, in accordance with the provisions of article 1 of the Constitution of the Republic, the Ecuador is a constitutional state of rights and justice, which means that the exercise of public power is subject to constitutional provisions, that the rights and guarantees provided therein, as well as the human rights recognized in international treaties and conventions legally signed by Ecuador they have priority enforcement;

Article 11 number 9 of the Constitution is clear by providing that "the highest duty of the State is to respect and ensure respect for the rights guaranteed by the Constitution";

That, the article 11 number 4 of the Constitution has that "no standard legal can restrict the content of those rights or of them guarantees constitutional"; That, to comply with the mandate contained in article 135 of the Constitution to have a justice for children and adolescents, it should be generated the minimum conditions necessary at all levels, including the national court of Justice, the highest body of administration of ordinary justice; That article 169 of the Constitution is devoted to the litigation system as a means for the realization of Justice, without sacrifice to the mere omission of formalities; That, article 182 of the Constitution provides that "the national court of Justice shall be composed of judges and judges at the number twenty and one, who will be organized in rooms specialized...", implying that the laws must ensure the creation of specialized rooms, as a means to ensure an agile, dynamic and transparent justice administration; That the regime that replaced the judicial vacancy has led to disadvantages in agile clearance of the causes, so it is necessary to return to the previous system; That, in the process of constitutional actions not can suspended deadlines, so mechanisms must be found to meet this constitutional even in periods of vacancy judicial mandate; That, replace the structure of district courts by specialized chambers of the provincial courts will demand greater economic effort ygenerara problems in the administration of specialized justice; and that, the jurisdiction of the contentious administrative and fiscal district courts, including two or more provinces, paid to the concrete proposals for Supplement - official record No. 38 - ion Wednesday 17 July 2013 - 3 regionalization must be implemented in accordance with provisions of title V of the Constitution which regulates the territorial organisation and the autonomous governments. In exercise of its constitutional and legal powers, issued: law organic reform of the code organic of the function JUDICIAL article 1.-in the final paragraph of article 32, after the phrase "when someone has suffered from pre-trial detention", add the word "arbitrary". Article 2.-Add to the end of the first subparagraph of article 80 the words "or Director." and replace the term "formed" by "integrated". Delete the fourth paragraph of article 80. Article 3.-Article 82 be replaced by the following: "article 82.-functions of the Board of Directors.-the Board of Directors shall be an advisor to the school of the judiciary body and will have the following functions: 1. propose and approve the curricular and its contents, plans, programmes and projects within the pedagogical support manuals of the school;"

2. establish the academic profile of the servants and servants of the school, in response to each specialization;

3. meet and make fulfill the resolutions issued by the Council of the judiciary; "4. the others that contained in the code organic of the function Judicial and those assigned by the full of the Council of the judiciary."

Article 4.-Article 84, be replaced by the following: ' article 84.-from the Director or DIRECTOR-Director or Director of the school of the Judicial function will be selected by the plenary of the Council of the judiciary, of a list of three proposed by the President of the Council referred, and will have the following functions: 1. develop programming of initial and continuous training courses " , according to them political of Justice, whereas them suggestions that with regard to them contained academic propose the Council of the judiciary, the Court national of Justice, Prosecutor General of the State and the Ombudsman public;

2. Select to them and them teaching; capacitive and trainers of the courses of formation initial and training continues;

3 execute the resolutions of the Council of the judiciary;

4. the others laid down in the regulation and the Organic Statute which is issued for the purpose."

Article 5.-Article 85 be replaced by the following: ' article 85.-development of the programs of training-the Organization and implementation of the programmes of initial and continuous training, shall be carried out according to the following parameters: 1. initial training course time will be responsible for the school of the judiciary; " and, 2. The courses of continuing education and training, will be their own ways through the school of the Judicial function in person. Exceptionally these courses will develop remote or virtually.

In all cases the school of the Judicial function may also develop these course through agreements with national and international institutions or universities legally established in the country." Article 6.-replace is the article 96 by the following text: "article 96.-holiday judicial.-all them server or servers of the function Judicial, included them server and servers judicial of the justice ordinary, shall enjoy of thirty days of holiday annual paid after eleven months of service continuous, that may be accumulated until by sixty days." They are not compensated in money but when the servant or the judicial Server cesaren in its functions, in which cleared holidays not enjoyed by the equivalent of the remuneration, up to a maximum of sixty days which should perceive the servant or the server judicial in the vacation period. The Judicial Council will approve the holiday calendar proposed by each judicial unit, taking the necessary forecasts so that service is not interrupted." Article 7.-the number 1 of article 164, be replaced by the following text: "1. in the cases of excuse and disqualification." In the first, since the excuse stating car until it is ejecutoría Providence declaring it inadmissible; and the second, from the cite to the challenged judge, until it is ejecutoríe Providence that denies it. The citation will be the judge in a maximum of 48 hours. The judge that substantiate the demand for recusal may, in the cases where you experience that such claim is the result of an act of bad faith litigation, inadmitirla process, under penalty of punishment with costs to the appellant. The challenged judge does not lose jurisdiction to develop and sign Providence containing the resolution pronounced orally at the hearing; put in his office, the respective Minister will proceed to its immediate notification."

4 supplement - official record No. 38 - Wednesday 17 July 2013 article 8.-Article 183 be replaced by the following: "article 183.-integration-national court of Justice will be integrated by the following specialized rooms: 1. contentious administrative;" 2. de lo Contencioso Tributario; 3. from criminal, Military Penal, criminal police and transit; 4. of the Civil and commercial law; 5. of labor; and, 6. Family, childhood, adolescence and adolescent offenders. The heart of the national court of Justice shall appoint the judges and national judges who integrate each room, the number that the need for the service of justice requires it, taking into account their specialty. This resolution may be modified at any time, in any case, the number of judges per room is less than three. The President of the national court of Justice, will integrate at least one room. To order yours, during the time that plays the Presidency, may act in place the Conjueza or the associate judge s designate by lot. A judge or a national judge can integrate more than one room by the need for Justice, which will be resolved by the plenary of the national court of Justice, while respecting the principle of specialty. "Every specialized room will appoint its Chairman or President for the period of one year, who shall not be re-elected immediately." Article 9.-Article 186 be replaced by the following: "article 186.-competition of the criminal, military, Penal, Criminal Police Division and transit-the specialised Criminal Division, military criminal, criminal police and transit will know: 1. resources of Cassation and review in criminal matters, including the criminal tax ypenal customs;" 2. the resources of appeal of entencias them in criminal proceedings for crimes of private action, which are followed to persons subject to the jurisdiction of national court, and the judgment in verbal trial summary of liquidation of damages, recognised in criminal cases that had been charged or accused officials or officials subject to the jurisdiction mentioned before.


Is are subject to jurisdiction of court national in matter criminal only the authorities, officials and officials that mark the Constitution and the law;

3. the resources of appeal in all criminal cases which is promoted against persons subject to the jurisdiction of national court;

4. the resources appeals and review in criminal proceedings by function crimes committed by members of the armed forces in the exercise of its specific mission;

5. the resources appeals and review in criminal proceedings by function crimes committed by members of the national police in the exercise of its specific mission;

6. the resources of Cassation and review for violations in transit; 7. contraventions of traffic as police committed by people who enjoy immunity from national court;

8. the other matters that establishes the law." Article 10.-deleted articles 187 and 188. Article 11.-Article 189 be replaced by the following: "article 189.-competence of the family room, childhood, ADOLESCENCE and adolescent offenders.-room specialized family, childhood, adolescence and adolescent offenders will learn: 1. resources of appeal in trials by relationships of family, children and adolescents;" and those relating to the civil status of persons, fili ation, marriage, union in fact, conservatorships ycuradurias, adoption and inheritance;

2. the resources of appeal and review processes followed against offending adolescents; and, 3. Other issues that set the law. Article 12.-at the end of the first paragraph of article 206, after the phrase "National court of Justice", added the following: "except in contentious administrative and contentious tax matters, which will maintain the present structure of district courts". Article 13.-replace the second subparagraph of article 210, with the following text: "the Presidents of provincial courts not be integrated any room. The Judicial Council shall regulate the system of replacement of the vacancy produced in the room of the elected President. Your period will be they refunded to your room of origin." Article 14.-section III, chapter III, title III of the organic code of the Judicial function will say: "Of the Court district and courts provincial". Article 15.-Article 216 be replaced by the following: ' article 216.-jurisdiction of the courts of district of the CONTENTIOUS administrative-exist courts of the contentious administrative districts determined by the Judicial Council, which will establish the number of rooms, the headquarters and territorial space in which exercise their competence. "

Supplement - Registro Oficial Nº 38 - Wednesday 17 July 2013 - 5 article 16.-Article 218 be replaced by the following: "article 218.-" competence of the district tax CONTENTIOUS courts.-There will be Court tax litigation in the districts to be determined by the Judicial Council, which will establish the number of rooms, the headquarters and territorial space in which exercise their competence. "" Article 17.-the letter c of the number 9, article 264, after the phrase "necessary in the processing of the cases, as well as", add the following sentence: "organize the expert system at the national level. The amount to be collected by these procedural or legal proceedings may be cancelled by the Council of the judiciary in a way that set the resolution that the effect will dictate by this entity; and". Article 18.-in article 336, after the phrase "imposed by the regional bureaux", add the phrase "or provincial". And add the following sub-paragraphs: "sanctions consist of fines of up to three unified basic remuneration. La mora for a period of three months from the payment of the fines imposed by the judges or by the Council of the judiciary, will cause the suspension in the Forum of lawyers, the suspension shall continue until the payment is made effective." Article 19.-Add the following transitional provision: "transitional provision- as a consequence of the repeal of Article 355 of the tax code, contained in paragraph 2 of the eighth provision reform and repeal of the organic code of the Judicial function, the Council of the judiciary will have the form and term, that should operate the referral of records, the reasons illicit tax and customs are for your tanciar the plenary stage and issue judgment in the" Court district of the tax, therefore, the criminal courts are credited competition for the understanding and resolution of these processes in order to keep harmony with the provisions of article 219 of the organic code of the Judicial function and being crimes of public action". Article 20.-all those provisions which say "rooms of the contentious tax of the provincial court" or "halls of contentious administraivo of the provincial court" replaced by "Courts district of the contentious administrative" and "Tribunals District of the contentious tax". Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, nine days after the month of July of two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) Dr. Libya RIVAS O., Secretary General.

NRO. NES-DGN-2013-0197-RE Guayaquil, 12 June 2013 national customs service of ECUADOR considering: that the Decision No. 778 of the Andean Community, related to the "Andean on Control customs regime", published in Official Gazette No. 2113 of the Cartagena Agreement dated 7 November 2012, aims to establish standards that administrations customs of the countries members of the community Andean must apply to the control of the operations of foreign trade. That articles 7, 10, 14, 22 and 23 of the above Decision established, in general, the application of criteria and selective methods, based on criteria of risk management for the implementation of risk profiles, with regard to the modalities of capacity and phases of control that should be practiced in customs clearance. The article 146 of the title II of the customs facilitation to the trade of the organic code of production, trade and investment, published in Supplement No. 351 official register dated December 29, 2010; express that them "profiles of risk-consist in the combination default of indicators of risk, based on information that has been collected, analyzed and hierarchical". The article 105 of regulation title of facilitating Customs for the trade of book V of the organic code of production, trade and investment, issued by Decree Executive No. 758, published in Supplement No. 452 official registration of date may 19, 2011 expresses that "the functionality and administration of the software tool will be governed by the General Directorate of customs of the Ecuador national service"? That the national service of customs of Ecuador (NES), dated October 15, 2012 implemented the new Customs computer system ECUAPASS, same that represents improvements in all foreign trade processes including computer tool of risk profiles.

Resolved: Issue following regulation for the application of LA tool computer of profiles of risk chapter I General article 1.-scope application-computer tool of risk profiles shall apply during the previous, concurrent and subsequent control through the computer system of the national customs of Ecuador,