LEGISLATTIVE ASSEMBLY - REPUBLIC OF THE SALVADOR

_____________________________________________________________ 1

DECADE N° 684

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That article 117 of the Constitution of the Republic provides that it is the duty of the State to protect natural resources and the diversity and integrity of the environment

to ensure sustainable development.

II.- That the Environment Act contained in Legislative Decree No. 233,

dated 2 March 1998 and published in the Official Gazette No. 79, Volume No. 339 of 4 May 1998 is intended to develop the provisions of the Constitution of the Republic concerning protection, conservation and

environmental recovery; sustainable use of natural resources to improve the quality of life of present and future generations; as well as to standardize environmental, public and private management and protection

as a basic obligation of the State, the municipalities and the inhabitants in general; and to ensure the implementation of the International Treaties held by El Salvador in this regard.

III.- That for better administration of justice in environmental matters, the creation of Environmental Courts in First Instance and Specialized Chamber in Second Instance is necessary, as provided for in article 99 of the Media Act

Environment.

IV.- That it will be the Supreme Court of Justice who must have the form

organization and administrative structure of the Environmental Courts, taking into account the modernization of the Judiciary.

TANTO,

in the use of its constitutional powers and at the initiative of the Supreme Court of Justice.

RIGHT:

Art. 1.- The Environmental Jurisdiction, which shall be in charge, in the First Instance, of Environmental Courts and in the Second Instance, of an Environmental Chamber; which shall have exclusive competence to know and resolve civil actions of any amount in which liability is deducted

and perform their jurisdictional role under the Constitution of the Republic, treaties and international conventions on the subject ratified by El Salvador, environmental legislation, related laws and doctrinal principles of the law

environmental. Its nomination, headquarters and competence shall be as follows:

I. Second Instance Environmental Chamber, headquartered in San Salvador, with competence at the national level to hear appeals of the sentences and the cars that

_______________________________________________________ LEGISLATIVE INDEX

LEGISLATTIVE ASSEMBLY - REPUBLIC OF THE SALVADOR

_____________________________________________________________ 2

put an end to the process in the Environmental Courts of First Instance, as well as the resolutions expressly stated by law. You must know in First Instance,

Moreover, the demands against public officials and the State as a subsidiary guarantor.

II. Environmental court, based in San Salvador and with competence for the Departments of San Salvador, La Libertad, Cuscatlán, San Vicente, Cabañas, Chalatenango and La Paz.

III. Environmental court, based in Santa Ana and with competence for the departments of Santa Ana, Ahuachapán and Sonsonate.

IV. Environmental court, based in San Miguel and with competence for the Departments of San Miguel, La Unión, Morazán and Usulután.

Art. 2.- It shall be up to the Civil Chamber of the Supreme Court of Justice to hear the appeal; as well as to hear the cases referred to in the Media Act as an appeal.

Environment, in cases where the Environment Chamber of Second Instance is in first instance.

It will be the Supreme Court of Justice in Plene, which will know of the cassation appeal in cases that the Civil Chamber hears of the appeal.

Art. 3.- The Supreme Court of Justice, in case of experts, must provide the support required by the Courts and the Chamber.

When necessary, the Judges may apply for experts in this field to any public institution, who must provide the collaboration.

Art. 4.- The Supreme Court of Justice may provide for the use of electronic, optical, magnetic, telematic, computer and other technologies for acts of

communication of the Environmental Courts and Chambers.

Art. 5.- The Magistrates ' Courts with competence in civil matters which, as at

the entry into force of this Decree, they are knowing of processes in environmental matters, they will continue to know of them until they become fruitful, being empowered to issue the corresponding executions or certifications.

The Chambers of Second Instance with competence in civil matters, which, upon the date of entry into force of this Decree, are knowing in appeal processes in environmental matters,

They will continue to know them and, once resolved, they will be returned to the Court that sent them. In the same circumstances, if the Chamber is aware of such trials in the First Instance, once they are fentanced and declared enforceable in their case, it will file them with the authority to issue the proceedings

enforcement and relevant certifications.

_______________________________________________________ LEGISLATIVE INDEX

LEGISLATTIVE ASSEMBLY - REPUBLIC OF THE SALVADOR

_____________________________________________________________ 3

TRANSITORY PROVISIONS

Art. 6.- The Third Chamber of Civil Affairs of the First Section of the Centre, which is based in San Salvador, will have at the national level the powers cited in article 1 of this Decree while the Second Instance Environmental Chamber, based in San Salvador, is to be established by Agreement.

of the Supreme Court of Justice. PARCIAL AND

Art. 7.- An Environmental Court based in San Salvador will be created, which will know about the actions

in which civil liability arising from acts that affect the environment throughout the national territory is deducted, while the remaining courts established in article 99 of the Law on the Environment are not integrated, and article 1, Romans 3 and 4 of this Decree, which are the ones that are not incorporated,

shall be established by agreement of the Supreme Court of Justice. PARCIAL AND

The deadline for the establishment of the San Salvador-based Environmental Court should not exceed

of six months from the entry into force of this Decree.

Art. 8.- This Decree shall be incorporated into the Judicial Organic Law and shall enter into force

eight days after its publication in the Official Journal.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the twenty-two days of May of the year two thousand fourteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN,

THIRD VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SAYS GARCIA, JOSE RAFAEL MACHUCA ZELAYA,

SECRETARY THIRD. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA,

_______________________________________________________ LEGISLATIVE INDEX

LEGISLATTIVE ASSEMBLY - REPUBLIC OF THE SALVADOR

_____________________________________________________________ 4

SECRETARY FIFTH. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the six days of June of the year two thousand fourteen.

PUBLIQUESE,

Salvador Sánchez Cerén, President of the Republic.

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

D. O. No. 105 Volume No. 403 Date: June 9, 2014

SV/pch 11-07–2014

PARCIAL DEROGATORY:

THE PLACE ESTABLISHED IN ARTICLES 6 AND 7

PLAZO que VENCE el 31/12/2015, CONFORME TO PRORROGA ESTABLISHED IN THE DECREASE PRESENT. D. L. No. 8, 28 MAY 2015, D.O. No. 108, T. 407, 16 JUNE 2015. (VENCE 31/12/2015)

PARCIAL DEROGATORY TO D.L. N° 8/15 D. L. No. 172, 12 NOVEMBER 2015; D.O. No. 217, T. 409, 25 NOVEMBER 2015. (VENCE 31/12/2016)

TRANSITORY DISPOSITION TO D.L. No. 172/15 TRANSITORY DISPOSITION TO PROCEDURE THE CREATION OF THE ENVIRONMENTAL JUZGED IN SANTA ANA AND

AMBIENTAL JUZGADO WITH SEDE IN SAN MIGUEL. D. L. No. 215, 10 December 2015; D.O. No. 235, T. 409, 21 December 2015. (VENCE 1/07/2016)

SP 16-07-2015

_______________________________________________________ LEGISLATIVE INDEX

LEGISLATTIVE ASSEMBLY - REPUBLIC OF THE SALVADOR

_____________________________________________________________ 5

SP 22/12/15

JQ 3/02/16

_______________________________________________________ LEGISLATIVE INDEX