Reform Of The Judicial Career Law

Original Language Title: Refórmase la LEY DE LA CARRERA JUDICIAL

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformanse-los-aticulos-15-y-23-de-la-ley-de-la-carrera-judicial/archivo_documento_legislativo

1. Decree No. 362, the Legislative Assembly of the Republic of EL SALVADOR: I.-that in accordance with the Constitution, to be justice of the peace, judge of first instance or the judge of second instance, must meet a series of requirements; in particular, be of morality and competition notorious, which must be proven in a process transparent, deliberative and open to the citizens.
II.-that the Judicial Career law was approved by Legislative Decree N ° 536, dated 12 July 1990, published in the official journal N ° 182, volume N ° 308, dated 24th of that same month and year.
III. currently the process of selection of judges and magistrates within the National Council of the judiciary and the Supreme Court of Justice, although it is not entirely secret, has been made without that citizenship or the legal community learn about the merits of the candidates, the process of evaluation of capabilities, the deliberations or voting to proceed with the election.
IV.-that the judges and magistrates are vital for the functioning of democracy and the rule of law and, accordingly, to ensure transparency and adequate choice of judges and magistrates, it is necessary to introduce reforms to the Judicial Career Act.
Therefore, use of his constitutional powers and at the initiative of the members and the deputies Jackeline Noemi Rivera Avalos, Norma Cristina Cornejo Amaya, Jaime Gilberto Valdez Hernández and Carlos Mario Zambrano.
DECREES, the following: reforms to the law of the career JUDICIAL article 1.-reforming article 15, in the following manner: "option to posts with jurisdiction article 15.-candidates for posts of judges of the Chamber of second instance, judges of first instance and justices of the peace, will present to the Council its request and the certificates evidencing the requirements demanded by the Constitution" for submission to the relevant procedures of technical selection.

2. such technical procedures of selection must be public, guarantee the objectivity of the selection, equal opportunities between applicants and the suitability of the selected.
They will include contests and passage through the Judicial training school. If the applicant, your resume or the outcome of the contests, garantizare suitability, will not be enforceable requirement through the Judicial training school."
Article 2.-reforming article 23 follows: "rise and promotion article 23.-is rising, move to a post's category or upper class, which will be resolved in a public process, taking into account the assessments of the performance in the current position, the skills to qualify for higher one, the results of the competitions and the seniority within the career." To get it, will require prior request, filed within the fifteen days following the notice that it exists since vacancy.
The promotion is to pass to a higher pay scale within the same category, in accordance to the manual of classification of charges and the plan of compensation, based on regular assessments on the development of the work, results received training courses, professional merit, conduct, antique and other qualities of the Member of the career objectively evaluated. Is may grant of trade or to proposal of a superior hierarchical, based in them criteria before indicated, prior a process public.
"He Court or officials competent may commissioning to the Council national of the judiciary or to the school of training Judicial, to perform them contests or the tests that consider relevant."
Article 3.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, in the fifth day of the month of may of the year two thousand and sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN ORANTES RODRIGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

3 WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, nineteen days after the month of may of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and public security.
D. O. N ° 93 volume N ° 411 date: May 20, 2016 SP/geg 15-06-2016 legislative index