Partially Repeal Article 2 Of The D. L. 8/2015.

Original Language Title: DEROGASE PARCIALMENTE EL ART. 2 DEL D. L. 8/2015.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 172

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That the Constitution, in its article 117, states that it is the State's duty to protect natural resources and the diversity and integrity of the environment

to ensure sustainable development.

II. by Legislative Decree No. 8, dated May 28, 2015, published in

Official Journal No. 108, Tomo N ° 407, dated June 16, 2015, was set forth in Article 2, which by Agreement of the Supreme Court of Justice the Environmental Chamber of Second Instance and the Environmental Courts were to be created in the

Departments of Santa Ana and San Miguel, no later than December 31, 2015; and that the Supreme Court of Justice, through the Civil Room, or the dependencies it determines, would conduct the corresponding studies and analyses,

for the purpose of establishing and giving monitoring of the demand for services that will result in the application of the environmental jurisdiction, for which the Chamber Third of the Civil of the First Section of the Center and the Environmental Court based in San Salvador were to report to the mentioned Sala or designated dependency, every

three months.

III. Justice, in environmental matters, the Chamber

Third of the Civil of the First Section of the Center and the Environmental Court based in San Salvador, have had since the environmental jurisdiction was erected to date, according to the study and analysis performed by the same, little

demand in that jurisdiction; however, from their study, determined the importance of creating the above courts as soon as possible. Therefore, it is considered that the competence of, only, the aforementioned

Third Chamber of the Civil, until the entry into operation of the Environmental Chamber in the Second Instance based in San Salvador, should be extended.

IV. reason of the above, it establishes a period of one year for the creation of the Environmental Chamber in the Second Instance based in San Salvador, that is due on the thirties and one of December of two thousand sixteen, must be created

the Environmental Court In the case of the case of the case, the Commission may, in accordance with Article 3 (2) of the operation in conjunction with the San Miguel-based Environmental Court, the day one of January of two

1,sixteen.

BY TANTO,

in use of its Constitutional powers and on the initiative of the Supreme Court of Justice and of the Deputies Santiago Flores Alfaro, Ernesto Luis Muyshondt Garcia Prieto, Mario Antonio Ponce Lopez, Alberto Armando Romero Rodriguez, Jose Gabriel Murillo Duarte, and Martir Arnoldo Marin Villanueva.

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DECCRETA:

Art. 1.-Article 2 of Legislative Decree No 8, dated 28 May 2015, published in the Official Journal No 108, was partially deleted from the date of June 16, June 16 of the same year, in respect of the deadline for the creation of the Environmental Chamber of Second Instance based in San

Salvador.

The Supreme Court of Justice will have to create, by agreement of the same, the mentioned Chamber

Environmental, no later than the thirties and one of December of two thousand sixteen, and must create the Environmental Court based in Santa Ana more Thirty-one of December of two thousand fifteen, for the latter to be operating in conjunction with the Environmental Court based in San Miguel,

on the day one of January of two thousand sixteen.

Art. 2.-To extend the jurisdiction of the Third Civil Chamber of the First Section of the

Center, to continue to know of environmental matters, in accordance with the Law; this while the Chamber is not integrated and into operation Second Instance Environmental based in San Salvador, according to the second paragraph of the previous article.

Art. 3.-The Supreme Court of Justice, through the Civil Chamber, or the agencies it determines, shall draw up the corresponding studies and analyses in order to determine and follow up the demand for services that will result in the application of the environmental jurisdiction, for which the

Third Chamber of the Civil of the First Section of the Center and the different Environmental Courts, must submit reports to the referred room or dependency, every three months.

The Supreme Court of Justice will be obliged to report to the Legislative Assembly on the management of Environmental Courts, every six months.

Art. 4.-The remaining provisions contained in the related Decree are maintained as they have been issued, and these modifications will be incorporated into the Law of the Judicial Organic Law.

Art. 5.-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, at the twelve days of November of the year two thousand fifteen.

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.

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SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

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.

CASA PRESIDENTIAL: San Salvador, at the twenty-four days of November of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Benito Antonio Lara Fernández, Minister of Justice and Public Security.

D. O. N ° 217 Took N ° 409 Date: 25 November 2015

SP/adar 21-12-2015

TRANSIENT DISPOSITION:

TRANSITIONAL PROVISION TO D. L. N ° 172/15

TRANSITIONAL PROVISION TO EXTEND THE CREATION OF THE ENVIRONMENTAL COURT BASED IN SANTA ANA AND THE ENTRY INTO OPERATION OF THE ENVIRONMENTAL COURT BASED IN SAN MIGUEL.

D. L. No. 215, DECEMBER 10, 2015; D. O. NO. 235, T. 409, DECEMBER 21, 2015. (VENCE 1/07/2016)

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JQ 02/02/16

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