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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 362
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
WHEREAS:
I.-That in accordance with the Constitution, to be Judge of Peace, Judge of First Instance or Magistrate of the Second Instance, a series of
requirements must be fulfilled; in particular, being of morality and competence This should be checked in a transparent, deliberative and open process to the
II.-That the Law of the Judicial Career was approved by Legislative Decree No. 536, dated July 12, 1990, published in Official Journal No. 182, Volume
N ° 308, dated 24 of that same month and year.
III.- That currently the process of selecting Judges and Magistrates within the
National Council of the Judiciary and the Supreme Court of Justice, while it is not entirely secret, has been carried out without the citizenship or the legal community know the merits of the candidates, the process of assessing their abilities, the deliberations or the votes to proceed to the election.
IV.-That the Judges and Magistrates are vital officials for the functioning of democracy and the rule of law and, consequently, to guarantee the
transparency and proper choice of Judges and Magistrates, it is necessary to introduce reforms to the Law of the Judicial Race.
BY TANTO,
in use of its Constitutional faculties and at the initiative of the Diputados and the Members of the Jackeline
Noemi Rivera Avalos, Norma Cristina Cornejo Amaya, Jaime Gilberto Valdez Hernandez and Carlos Mario Zambrano.
DECCRETA, the Following:
REFORMS TO THE LAW OF THE JUDICIAL CAREER
Art. 1.-Reform Article 15, as follows:
" Option to Charges with Jurisdiction
Art. 15.-The applicants for charges of Magistrates of the Second Instance, Judges of
First Instance and Judges of Peace, shall present to the Council their application and the crowded ones that check the requirements required by the Constitution, for submit them to the corresponding technical selection procedures.
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Such technical selection procedures must be public, ensure objectivity of the selection, equal opportunities among the applicants and the suitability of the selected ones.
They will understand competitions and the passage through the School of Judicial Training. If the applicant, by his or her own or the result of the contests, guarantees his/her suitability, the passage by the School of Judicial Training shall not be required. "
Art. 2.-Reform Article 23 as follows:
" Ascensus and Promotion
Art. 23.-It is considered promotion, moving to a position of category or higher class, what will be resolved
in a public process, taking into account the evaluations of the performance in the current position, the skills to opt for a higher one, the results of the competitions and the seniority within the race. To obtain this, a prior request will be required, filed within 15 days after notice that
is vacant.
The promotion consists of moving to a higher pay scale within the same category,
according to the charge classification manual and the remuneration plan, based on periodic evaluations of the development of the work, results in the training courses received, professional merit, conduct, seniority and other qualities of the objectively assessed career member. It may be granted ex officio or on a proposal from a hierarchical superior, based on the above criteria
, prior to a public process.
The Court or competent officials may commission the National Council of the Judiciary.
or the School of Judicial Training, to conduct the competitions or the tests that you consider relevant. "
Art. 3.-This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, five days of the month of May of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
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GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,
THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL,
FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ,
SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, at the nineteenth day of May of the year two thousand
sixteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Mauricio Ernesto Ramírez Landaverde,
Minister of Justice and Public Security.
D. O. N ° 93 Took N ° 411 Date: May 20, 2016
SP/geg 15 -06-2016
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