Erígese Jurisdiction With Environmental Competition In Civil Actions On Liability To Deduct Against The Environment.

Original Language Title: ERÍGESE LA JURISDICCIÓN AMBIENTAL CON COMPETENCIA EN ACCIONES CIVILES EN LAS QUE SE DEDUZCA RESPONSABILIDADES CONTRA EL MEDIO AMBIENTE.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/creanse-los-tribunales-ambientales/archivo_documento_legislativo



1 DECREE No. 684

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I. That the Constitution of the Republic, Article 117, states that it is the duty of the State protect natural resources and environmental diversity and integrity
environment to ensure sustainable development.
II.- That the Environment Act contained in Legislative Decree No. 233 of
March 2, 1998 and published in the Official Gazette No. 79, Volume No. 339, 4th May the same year, aims to develop the provisions of the Constitution of the Republic which relate to the protection, conservation and restoration of the environment
; sustainable use of natural resources to improve the quality of life for present and future generations; and also regulate the environmental, public and private management, and environmental protection as a basic
obligation of the State, the municipalities and the people in general; and ensure the implementation of international treaties concluded by El Salvador in this area.
III.- for better administration of justice in environmental matters, the creation of Environmental Courts in First Instance and Second Instance Specialized Chamber is necessary, as required by Article 99 of the Law of the Environment
.
IV will be the Supreme Court who shall stipulate how
organization and administrative structure of the Environmental Courts, taking into account the modernization of the judiciary.
THEREFORE,
in exercise of its constitutional powers and initiative of the Supreme Court. DECREES
:
Art. 1. Environmental Jurisdiction Erígese which will be in charge in First Instance Courts Environmental and Second Instance of an Environmental Chamber; which shall have exclusive jurisdiction to hear and determine any civil actions in which the amount
civil liability for acts against the environment requires; and perform their judicial functions subject to the provisions of the Constitution of the Republic, international treaties and conventions on the subject ratified by El Salvador, environmental legislation, related laws and doctrinaire principles of environmental
law. His nomination, venue and jurisdiction shall be as follows:
I. Environmental Chamber of Second Instance, based in San Salvador, with nationwide jurisdiction to hear on appeal of the judgments and orders that

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end the process in the Environmental Courts of First Instance and the resolutions that the law expressly states. You must know in First Instance
also demands instituted against public officials and the State as guarantor subsidiary.
II. Environmental Court, based in San Salvador and competition for the Departments of San Salvador, La Libertad, Cuscatlan, San Vicente, Cabañas, Chalatenango and La Paz.
III. Environmental Court, based in Santa Ana and competition for the Departments of Santa Ana, Ahuachapán and Sonsonate.
IV. Environmental Court, based in San Miguel and competition for the Departments of San Miguel, La Union, Usulutan and Morazan.
Art. 2. It shall be the Civil Chamber of the Supreme Court hear the appeal; as well as knowing on appeal of the issues the Law of the Environment
, where the Environmental Chamber of Second Instance known in First Instance concerns.
Will the Supreme Court en banc, which meet the appeal in cases that the Civil Court hearing the appeal.
Art. 3. The Supreme Court, in case of having experts, should provide the support required by the courts and the Chamber.
When necessary, the Judges may request experts in this field to any public institution, who shall provide collaboration.
Art. 4. The Supreme Court may order the use of electronic, optical, magnetic, telematics, computer and other technologies to carry out acts of communication
Courts and Environmental Chamber systems.
Art. 5. The Courts of First Instance with jurisdiction in civil matters,
the date of entry into force of this Decree, knowing process are environmental, continue to deal with them until fenecerlos, being empowered to issue executory or corresponding certifications.

The appellate courts with jurisdiction in civil matters, the date of entry into force of this Decree, are knowing appellate processes in environmental matters,
continue to hear them and, once resolved, They will be returned to the court that referred them. In the same circumstances, if the House were to know of such processes in the first instance, once declared closed cases and execution against in his case, he either being empowered to issue enforceable
and relevant certifications.

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TRANSITIONAL PROVISIONS Art. 6. The Third Civil Chamber of the First Section of the Center, based in San Salvador, will at the national level, the powers referred to in Article 1 of this Decree as the Environmental Chamber of Second Instance is integrated, based in San Salvador, which shall be established by agreement
Supreme Court. PARTIAL REPEAL AND EXTENDING
Art. 7. an Environmental Court based in San Salvador, which shares
know where civil liability for acts against the environment throughout the national territory be deducted will be created, while not integrate the other courts set out in Article 99 of the Environment Act and in Article 1, third and fourth of this Decree Romans, who
be created by decision of the Supreme Court. PARTIAL REPEAL AND EXTENDING
The deadline for the creation of the Environmental Court based in San Salvador,
shall not exceed six months, from the entry into force of this Decree.
Art. 8. This Decree shall be incorporated into the Judicial Organic Law, and will take effect
eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty-second day of May in the year two thousand and fourteen.
OTHON Sigfrido Reyes Morales, president.
LUIS VALDEZ ENRIQUE ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA,
THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, MENJIVAR VICENTE MANUEL ESQUIVEL, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya
Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE,

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QUINTA Secretariat. SIXTH SECRETARY. JOSE FRANCISCO
ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the sixth day of June of the year two thousand and fourteen.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
Tomo OJ No. 105 No. 403 Date: June 9, 2014
SV / pch PARTIAL REPEAL 07/11/2014
:
abrogate the deadline ARTICLES 6 AND 7 AND NEW Give yourself | || deadline of 31/12/2015 IN ACCORDANCE WITH EXTENSION SET FORTH IN THIS DECREE. DL No. 8, 28 MAY 2015 OJ No. 108, T. 407, 16 JUNE 2015 (VENCE 31/12/2015) PARTIAL REPEAL
DL No. 8/15 DL No. 172 12 NOVEMBER 2015; OJ No. 217, T. 409, NOVEMBER 25, 2015 (VENCE 31/12/2016)
TRANSITIONAL PROVISION TO DL No. 172/15 TRANSITIONAL PROVISION TO EXTEND THE CREATION OF ENVIRONMENTAL COURT BASED IN SANTA ANA Y ENTRY INTO OPERATION
BASED ENVIRONMENTAL COURT SAN MIGUEL. DL No. 215, 10 DECEMBER 2015; OJ No. 235, T. 409, 21 DECEMBER 2015 (VENCE 01/07/2016)

SP 16/07/2015
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JQ SP 22/12/15 02/03/16
LEGISLATIVE INDEX