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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 173
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-According to Article 172 of the Constitution, it is up to the Judicial Authority to judge and enforce the court on matters
constitutional, civil, criminal, commercial, labor, agrarian and administrative litigation, as well as in other cases determined by the Law, having for such effects, the Supreme Court of Justice, an initiative of Law, according to the article
133 Ordinary 3 of the Constitution.
II.-That Article 1 of the Constitution mandates that the human person is the origin
and end of the activity of the State; therefore, obtaining this purpose requires that the provision of the service of the administration of justice be ensured, having as inexorable budget the designation of suitable officials for the performance
of the position.
III. According to the article 186 attribution of the Constitution and article 6 of the Law of the Race Judicial, it is up to the Supreme Court to appoint
to the Magistrates of the Chambers of the Second Instance, Judges of First Instance and Judges of Peace, of the terns proposed by the National Council of the Judicature.
IV. in accordance with Article 23 (1) of the Law of the Judicial Organic Law, there will be so many Judges of First Instance and of Peace alternates, as owners
exist in the place, if this is possible.
V.-That many appointments of Judges alternates will fall to Secretaries and
judicial employees, who cannot be called in a way indefinite to take charge of judicial offices, for any of the reasons legally stated, under the current time limit, since the Law grants to
the public servants only sixty days without pay, in accordance with Article 12 of the Law on the Assuetuses, Vacations and Licenses of Public Employees, insufficient period for attending appeals to the appeals.
VI.-In such a situation, and on the basis of ensuring an early and fulfilled justice, By the effective appeal of alternate Judges, the Supreme Court of
Justice has proposed that the judicial secretaries and other employees of that State Authority, who are appointed as such, may serve as such in the cases determined by the Law, for as long as it is
necessary; that is, during the period for the supply to be covered.
PER TANT,
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ASSEMBLY-REPUBLIC OF EL SALVADOR
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in use of its Constitutional powers and at the initiative of the Deputies Santiago Flores Alfaro, Alberto Armando Romero Rodríguez, Ernesto Luis Muyshondt García Prieto, Mario Antonio Ponce López,
José Gabriel Murillo Duarte y Martir Arnoldo Marin Villanueva.
DECCRETA:
Art. 1.-Add a final paragraph to Article 23 of the Judicial Organic Law, as follows:
" The Supreme Court of Justice may call on the courts of the Judicial Branch to hold the quality of alternate Judges, to assume their duties. as such, in the cases determined by the Law; it is necessary to grant the corresponding permit for as long as necessary, provided that it is not
affects the good performance of the service that they ordinarily provide in the Court or office where they work as employees. "
Art. 2. 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 the month 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.
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.
PRESIDENTIAL HOUSE: San Salvador, twenty-four days of the month of November of the year two thousand fifteen.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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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: November 25, 2015
FN/geg 22-12-2015
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