1 Decree No. 430 the Legislative Assembly of the Republic of EL SALVADOR, considering: i. which by constitutional mandate, based on article 182 atr ibucion 9th, it is up to the Supreme Court of Justice, appoint the second instance Chamber judges, judges of first instance and justices of the peace, the shortlists proposed by the National Council of the judiciary.
II. that by means of Legislative Decree No. 712 of date September 18, 2008, published in the Official Journal No. 224, vol. No. 381, of 27 November of that same year, aired the Civil and commercial, procedural code, which would enter into force on 1 January of the year 2010.
III. that by means of Legislative Decree No. 220 of December 11, 2009, published in the Official Journal No. 241, vol. No. 385, on 23 December of that same year, the entry into force of the code of Civil and commercial procedure was extended to July 1 of the year 2010.
IV. that the article 704 of the code of Civil procedure and commercial law, for the appointment of judges who know of the issues regulated in this code in the cities of San Salvador, Santa Ana and San Miguel, establishes the appointment of a Commission of notable and an additional procedure provided for in the Constitution and related laws, which govern with regard to the process of selection and appointment of judges of the Republic.
V. He is considered that that article does not have clear wording and allows that there are several interpretations, limited the constitutional power of the Supreme Court of Justice to appoint judges of first instance, the shortlists proposed by the National Council of the judiciary, in addition to violating the principle of equality enshrined in the Constitution, to impose different requirements on the appointment of judges of the same category.
VI. that, pursuant to article 182 attributions 5th of the Constitution, ordering watch is administered a fulfilled and prompt justice, becomes imperative that, prior to the appointment of judges who are aware of the terms of this code, is repealed in said article.
Therefore, in use of his constitutional powers and at the initiative of the Supreme Court of Justice, DECREED the following: reform to code procedural CIVIL and MERCANTILE 2 article 1.-repeal of Article 704.
Article 2.-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, twenty-five days of the month of July in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN DE ESCALÓN, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on sixteenth day of the month of August two thousand thirteen year.
PUBLISHED, 3 Carlos Mauricio Funes Cartagena, President of the Republic.
José Ricardo Perdomo Aguilar, Minister of Justice and public security.
D. o. No. 149 Tomo Nº 400 date: August 16, 2013.
SV /adar 16-09-2013 legislative index