1 index Legislative Decree No. 1045 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the article 117 of the Constitution of the Republic establishes the duty of the State to protect the natural resources, as well as the diversity and integrity of the environment, to ensure sustainable development.
II.-that by Decree legislative No. 233 dated 2 March 1998, published in the Official Journal No. 79, volume no. 339 of 4 May of the same year, was promulgated the law of the environment, in whose articles 99 to 104 of that part of the chapter II, known as JUDICIAL procedure is developed with regard to the jurisdiction and the civil liability for damage caused to the environment and in article 111 sets the environmental competence to the courts of first instance and second instance cameras with competence in civil or mixed, as not to be created courts and agri-environmental chambers.
III.-that commensurate with the development which is undergoing environmental law, in particular in the application of the principles of precaution and prevention, it is necessary to introduce provisions that incorporate environmental protection, falling not only in the environmental authority government channels, but also in courts environmental specialist that would facilitate access to justice and the formality of the procedure as well as the possibility that Court enact in due course the measures necessary for the restoration of damaged environment or the realization of the respective compensatory actions, establishing for this purpose technical and legal cooperation which requires the protection of the environment, without prejudice to the independence of the executive organs and Judicial.
Therefore, use of his constitutional powers and at the initiative of the deputies and members: Irma Lourdes palaces Vasquez, Edmundo Yohalmo Cabrera Chacón, Nery Arely Díaz de Rivera, Gilberto Rivera Mejía, Inmar Rolando Reyes, Orestes Fredesman Ortez Andrade, Oscar Ernesto Novoa, Ana Lucía Baires and Raúl Omar Cuéllar.
DECREES the following: reforms to the law of the environment article 1.-reform the heading of section I, the JUDICIAL procedure chapter II of title XIII procedures, thus: 2 legislative index "Section I jurisdiction and competence" article 2.-reforming article 99, in the following manner: environmental jurisdiction.
The environmental courts of first instance "(Art. 99.-La jurisdicción ambiental para conocer y resolver acciones a través de las cuales se deduzca responsabilidad civil derivada de actos que atenten contra el medio ambiente corresponde a: a);" and, b) cameras environmental second instance with seat in the city of San Salvador, Santa Ana and San Miguel, to get to know extent of appeal judgments and the cars, where the environmental courts of first instance, put an end to the process, as well as resolutions which expressly point to the law. Also know in first instance of claims which are brought together against government officials and the State, as the guarantor subsidiary."
Article 3.-reform the third subparagraph of Article 100a, in the following manner: "in the case of a legal person, it is presumed legally that acts of their managers, workers and companies who have contractual relations, were effected by your order and mandate; as a result, will respond jointly and severally liable for the environmental damage caused."
Article 4.-reforming Article 101, in the following way: exercise of CIVIL action "article 101.-civil action may be brought by natural or legal persons who have suffered damages arising from environmental damage."
The State, municipalities, the Public Ministry and the autonomous official institutions, will be forced to sue when there are environmental damage.
"Natural persons, either individually or collective, who consider themselves affected may intervene under common law or be represented by the Attorney General of the Republic, who shall be obliged to address allegations of environmental damage when having knowledge of them."
3 index article 5.-legislative reform is article 102, in the following way: procedure "article 102.-Civil action referred to in this law shall be dealt with generally in common declarative process, in the manner provided in the code of procedure in Civil and commercial, with full respect for the constitutional rights of the audience.
When he is valued for damages referred to in the second paragraph of article 96 of this Act, it will be processed in process Executive or the liquidation of damages, may be applied in the way established in the Civil and commercial procedure code.
Civil action referred to in subsection first of the article 43 of the code of criminal procedure can process in the environmental courts there is not valued for damage, in order to quantify them and continue with the execution of the sentence.
Entire process will begin with the demand written or verbal; in the latter case, the judge will order that you settle in the minutes, which shall observe the relevant formalities. Once started the process will be directed and driven nursing."
Article 6.-be inserted between articles 102 and 103, the articles 102-A, 102-B and 102-C, in the following manner: "test article 102 a. inside process, the judge may obtain ex officio the tests deemed relevant to be allowed to establish the facts controversial process ends.
Authority reports constitute evidence.
Be admissible means of proof recognized at common law, in addition to the technical and scientific.
The evidence will be assessed in accordance with the healthy criticism.
Environmental tribunals carried out their jurisdictional function subject to the provisions of the Constitution, the treaties and international conventions, ratified by El Salvador, environmental legislation, jurisprudence and doctrine of environmental law principles."" OF the load of the test article 102-B.-the burden of proof in environmental procedure shall be the defendant.
"" 4 index legislative the judge will order the relevant technical studies to support its resolution. "" OF the measures precautionary article 102-C - measures precautionary they may issue by the competent environmental judge, ex officio or at the request of part, as prior Act or at any stage of the process, which must comply with the intensity, proportionality and necessity of objectives that are intended to ensure in every case, these measures may not be caucionadas or attached (, and should be taken as a basis the following budgets: to) that is before the threat or imminence of a damage to the environment that may affect or not human health.
(b) that you are in the presence of damage to the environment, which could generate danger or affect human health and quality of life of the population.
(c) that it is the need to prevent damage to the persons or property of those affected, provided these are derived from the assumptions of previous literals.
When the request seeking precautionary measures both prior to demand Act, the judge will order by any means the corroboration of the facts on which is based the request, being forced public entities, without payment of any kind or nature, to meet the requirements of technical support that mentioned judge ask you for those purposes.
In the event that the technical report issued by public entities support ends raised at the request of the party, the judge shall order the continuation of the same and shall have a period which shall not exceed five business days to certify the record to the public prosecutor of the Republic, to the effect of promoting appropriate action within a maximum period of 15 working days.
The judge may order the measures precautionary work total or partial suspension of the fact, activity or project; the temporary closing of establishments and any other necessary to protect the environment and the quality of people's lives.
The precautionary measures are subject to periodic review. The judicial authority always valued for its imposition, revocation or maintenance, the proportionality of these and the balance between the legal goods that may be in conflict.
"If the Ministry of environment and natural resources has ordered preventive measures based on the provisions of articles 83 and 84 of the law of the environment and have breached, in accordance with article 42 of this law, it shall certify the record environmental judge, start the respective process, and if it considers it necessary, order the precautionary measures of the case."
5 index article 7.-legislative reform Article 103, follows: effects of the final sentence "article 103.-the judge, in the final sentence, must resolve on the claimed civil liability and whatever its consequence, also on the provisions of the second paragraph of article 100 of this law."
In addition, it shall be dealt, in his case, on measures precautionary that he has decreed.
If the verdict is guilty, the Court shall decide and order the guilty restoration, restitution or reparation of the damage caused to the environment, establishing him a deadline to do so, based on a technical ruling that establishes it.
In the case of the final paragraph of article 101, the final ruling is pronounced, harm or leverage, as the case may be, to all members of the community which have been mentioned in the lawsuit."
Article 8.-insert between articles 103 and 104, the 103-A article, in the following manner: breach of the definitive sentence "article 103-A.-when there is failure to comply with the firm conviction, ex officio judge will order the seizure of property of the convicted person.
If in the unfulfilled final judgment has ordered provisions of the second paragraph of article 100, funds from the execution of the value set for the environmental measures enacted in the final sentence, will become effective under this Act and shall be deposited in foreign funds in the custody account.
Doing so directly the State, as ordered in the judgment enforcement, economic responsibility for the culprit will be the total of it spent by the State; as well as a percentage of the additional 10% on that amount.
The financial responsibility referred to in this law shall be deducted without prejudice to liability criminal, administrative or otherwise that any place."
Art. 9. 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, to the twelve days of the month of April of the year two thousand twelve.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
6 LEGISLATIVE INDEX CIRO CRUZ ZEPEDA PENA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CÉSAR HUMBERTO GARCIA AGUILERA FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON, Third Secretary. FOURTH SECRETARY.
IRMA LOURDES PALACES VASQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MARIO ALBERTO TENORIO GUERRERO, SEVENTH SECRETARY.
Presidential House: San Salvador, eleven days after the month of may of the year twelve thousand.
PUBLISH, CARLOS MAURICIO FUNES CARTAGENA, PRESIDENT OF THE REPUBLIC.
HERMAN HUMBERTO ROSA CHÁVEZ MINISTER OF ENVIRONMENT AND HUMAN RESOURCES.
D. O. No. 88 took no. 395 date: May 16, 2012 JCH/geg 07-06-2012