Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 536
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution establishes the Judicial Race as a guarantee of stability and independence of the Magistrates and Judges of the Judicial Organ and in
consequence, for the achievement of an early and effective administration of justice;
II.-That in the Judicial Race must be incorporated, in addition to the officials
mentioned in article 186 of the Constitution, the other officials and employees of the Judicial Branch; and that the respective law must understand the relation of the service between the members of that and The cited
Authority of the State;
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies Mirian Eleana Mixco Reyna, Raul Manuel Somoza Alfaro, Ricardo Alberto Alvarenga Valdivieso, Rafael Moran Castaneda, Rene Garcia
Araniva and Guillermo Antonio Guevara Lacayo,
DECCRETA, the following:
JUDICIAL CAREER LAW
CHAPTER I
PRELIMINARY provisions
Object and purpose
Art. 1. The purpose of this law is to organize the Judicial Career, to normalize the service relations of officials and judicial employees with the Judicial Branch; to regulate the form and requirements of entry to it, promotions and promotions on the basis of merit and fitness; transfers; as well as
the rights, duties, benefits and disciplinary sanctions applicable to its members.
The Judicial Career aims to ensure the professionalization and improvement of the officials and judicial employees, as well as the functional stability and independence of those officials, contributing to the effectiveness of the administration of justice.
APPLICATION FIELD
Art. 2. THIS LAW SHALL APPLY TO MAGISTRATES OF CHAMBERS OF THE SECOND INSTANCE, JUDGES OF FIRST INSTANCE, JUDGES OF PEACE WHO EXERCISE CHARGES IN THE CHARACTER OF OWNERS AND IN GENERAL, ALL THE SERVANTS OF THE JUDICIAL BODY WHOSE POSITIONS
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HAVE BEEN INCORPORATED INTO THE JUDICIAL CAREER, IN ACCORDANCE WITH THE PROVISIONS OF YOUR ART.
83 SUBSECTION 2o.
THIS LAW WILL APPLY TO THE MAGISTRATES OF THE SUPREME COURT OF JUSTICE DURING THE PERIOD FOR WHICH THEY HAVE BEEN ELECTED. (1) DECLARED UNCONSTITUTIONAL
DENOMINATIONS
Art. 3.-THE EXPRESSIONS MAGISTRATES, JUDGES, JUDICIAL SERVANTS, CAREER, COURT, COUNCIL, CHAMBERS AND COURTS, REFER RESPECTIVELY TO: MAGISTRATES OF THE CHAMBERS OF THE SECOND INSTANCE; JUDGES OF FIRST INSTANCE AND OF PEACE; OFFICIALS AND EMPLOYEES
OF THE JUDICIAL BODY; JUDICIAL CAREER; SUPREME COURT OF JUSTICE; NATIONAL COUNCIL OF THE JUDICIARY; CHAMBERS OF THE SECOND INSTANCE; AND, COURTS OF FIRST INSTANCE AND OF PEACE. (1)
Stability
Art. 4.-The members of the Race enjoy stability, so they cannot be removed, suspended or moved, but in cases and through the procedures specially provided for by law.
THE STABILITY OF THE MAGISTRATES AND JUDGES THE DAY OF THE INAUGURATION OF THE RESPECTIVE OFFICE BEGINS. IN THE CASE OF THE JUDICIAL SERVERS, THE FIRST SIXTY DAYS
FROM THE INAUGURATION SHALL BE PROOF AND, AFTER THAT TERM WITHOUT ANY UNFAVOURABLE REPORT OF THE IMMEDIATE SUPERIOR, CONTINUE IN THE OFFICE. ENJOYING THE RIGHT TO STABILITY. (1)
Security personnel to the Judicial Branch Service shall be deemed to be trusted and shall not enjoy stability.
CHAPTER II JUDICIAL CAREER ADMINISTRATION
ACTIVITIES FUNDAMENTALS
Art. 5.-THE CAREER MANAGEMENT WILL PRIMARILY COMPRISE
RELATED ACTIVITIES WITH:
A) SELECTION AND APPOINTMENT OF STAFF;
b) PROMOTION OF PROMOTIONS AND PROMOTIONS;
c) TRANSFERS AND PERMUTAS;
d) LICENSING;
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e) IMPOSITION OF SANCTIONS;
f) DETERMINATION OF WORK RULES;
g) LA ATTENTION AND ADMINISTRATION OF THE COURTS;
h) ISSUANCE AND EXECUTION OF OTHER MEASURES FOR THE ENFORCEMENT OF THE LAW OF THE JUDICIAL CAREER;
i) THE COMPLIANCE WITH ANY OTHER LAW OR REGULATION RELATING TO THE LAW CAREER ADMINISTRATION. (1)
MANAGERS AND HIERARCHY
Art . 6.-THE RESPONSIBILITY OF THE ADMINISTRATION OF THE RACE CORRESPONDS TO THE SUPREME COURT OF JUSTICE, THE PRESIDENT OF THE SAME, THE CHAMBERS AND THE JUDGES. THE COURT IS THE BODY OF HIGHER HIERARCHY.
THE PRIVILEGES OF THE COURT ARE AS FOLLOWS:
(a) APPOINT THE MAGISTRATES AND JUDGES, THE TERNS TO BE PROPOSED BY THE NATIONAL COUNCIL OF THE JUDICIARY, THE MEDICAL EXAMINERS AND THE OFFICIALS AND EMPLOYEES OF THE OFFICES OF THE THE SAME; REMOVE THEM,
KNOWING OF THEIR RESIGNATIONS AND GRANTING THEM LICENSE;
b) GRANTING PROMOTIONS, PROMOTIONS AND PERMUTAS, TO THE PERSONNEL REFERRED TO IN
PREVIOUS LETTER; AND IMPOSING ON IT, THE SANCTIONS OF SUSPENSION AND ADMONITION UNDER THE ACT;
IN RELATION TO PROMOTIONS, IT WILL ALSO TAKE INTO ACCOUNT THE ESTABLISHED
IN THE ART. 37 OF THE LAW OF THE NATIONAL COUNCIL OF THE JUDICIARY;
c) RATIFY THE APPOINTMENTS OF THE MEMBERS OF THE RACE MADE BY
THE CHAMBERS AND BY THE JUDGES; AND, ULTIMATELY RESOLVE IN RELATION TO THE LEGITIMACY OF THE "
(D) ADOPT ANY MEASURES IT CONSIDERS TO BE IN THE CASE OF SERIOUS DISAVENENCE AMONG MEMBERS OF THE RACE, WHERE THAT CAUSE OR MAY CAUSE PREJUDICE TO THE ADMINISTRATION OF JUSTICE OR ORDER AND
COURTS AND ADMINISTRATIVE OFFICES;
e) DICTATE THE RULES OF WORK APPLICABLE TO MEMBERS OF THE RACE AND,
ADOPT THE NECESSARY MEASURES FOR COMPLIANCE WITH THIS LAW;
f) ORDER SHIPMENTS FOR JUSTIFIED REASONS OF SERVICE CONVENIENCE;
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g) INCLUDE IN THE COURT ' S DRAFT BUDGET, ITEMS
CAREER MEMBERS ' SALARIES, ACCORDING TO THE REMUNERATION PLAN; AND,
h) OTHERS WHO DETERMINE THE LAW.
THE COURT MAY DELEGATE TO THE COUNCIL OR ITS OWN AGENCIES OR AGENCIES, THE FULFILMENT OF THE ABOVE PRIVILEGES, EXCEPT THOSE SPECIFICALLY
CORRESPONDING TO THE CONSTITUTION. (1)
ATTRIBUTIONS OF THE PRESIDENT OF THE CORTE
Art.7.-THE PRESIDENT OF THE COURT CORRESPONDS TO THE FOLLOWING POWERS:
(a) EXECUTE THE AGREEMENTS AND RESOLUTIONS ISSUED BY THE COURT IN MATTERS OF JUDICIAL CAREER;
b) DICTATE THE MEASURES ADMINISTRATIVE FOR ORDER MAINTENANCE AND EFFICIENT SERVICE OF COURT DEPENDENCIES;
(c) DEFINE AND EXECUTE POLICIES FOR THE SATISFACTION OF MATERIAL RESOURCES THAT MEMBERS OF THE CAREER REQUIRE;
d) PROCESS THE PROCEEDINGS FOR THE IMPOSITION OF DISCIPLINARY SANCTIONS AGAINST THE STAFF REFERRED TO IN POINT (a) OF THE PREVIOUS ARTICLE AND, GIVING THEM TO THE COURT FOR THEIR FINAL DECISION; AND,
AND) EXERCISING THE POWERS THAT OTHER LAWS CONFER UPON THEM.
PREVIOUS PRIVILEGES MAY BE DELEGATED TO OTHER MAGISTRATES
OR COURT OFFICIALS. (1)
POWERS OF THE CHAMBERS
Art. 8.-CORRESPONDS TO THE CAMERAS, THE FOLLOWING ATTRIBUTIONS:
(a) TO APPOINT THE JUNIOR STAFF TO WORK IN THEIR OFFICES AND SECTIONS ACCORDING TO THE PROVISIONS OF THIS LAW AND THEIR REGULATIONS AND MANUALS;
b) GRANTING LICENSES, PROMOTIONS, PROMOTIONS AND SWAPS TO THE STAFF REFERRED TO IN THE ABOVE LETTER; AND IMPOSE ON IT, DISCIPLINARY PENALTIES UNDER THE LAW;
c) DICTATING ADMINISTRATIVE MEASURES FOR THE MAINTENANCE OF THE ORDER AND EFFICIENT SERVICE OF THE COURT;
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d) EXECUTE THE COURT AGREEMENTS AND RESOLUTIONS ON CAREER MATTERS
JUDICIAL; Y.,
e) EXERCISE THE OTHER PRIVILEGES THAT OTHER LAWS DETERMINE.
THE PRESIDENT OF THE CHAMBER WILL BE DIRECTLY RESPONSIBLE FOR THE COMPLIANCE WITH THE AGREEMENTS ISSUED BY THE COURT. IN CASE OF DISCORD FOR THE TAKING OF AGREEMENTS, THE PROVISIONS OF THE JUDICIAL ORGANIC LAW WILL APPLY. (1)
PRIVILEGES OF THE JUDGES
Art. 9.-CORRESPONDS TO THE JUDGES OF FIRST INSTANCE AND PEACE, THE ATTRIBUTIONS MENTIONED IN THE LITERALS OF (a) TO (e) OF THE PREVIOUS ARTICLE, IN RELATION TO THEIR SUBORDINATE STAFF AND RESPECTIVE COURT. (1)
ADMINISTRATIVE HIERARCHY AND SUPPORT FOR CAREER MANAGEMENT
Art. 10.-WITHOUT PREJUDICE TO THE PRIVILEGES HELD BY THE COURT, THE PRESIDENT OF THE COURT IS THE SUPERIOR HIERARCHICAL STAFF OF THE CAREER WHO WORKS IN HIS OFFICES AND OFFICES; THE PRESIDING MAGISTRATE, IN THE CHAMBERS AND THE JUDGE IN
THE COURTS OF FIRST INSTANCE AND PEACE.
THE MANAGERS OF THE RACE ADMINISTRATION WILL HAVE THE SUPPORT OF
THE OTHER BODIES AND OFFICIALS OF THE JUDICIAL BODY AND IN PARTICULAR WITH THAT OF THE DIVISION OF THE EXECUTIVE ADMINISTRATION OF THE SUPREME COURT OF JUSTICE, THE TECHNICAL UNIT OF COLLABORATION FOR THE ADMINISTRATION OF THE RACE AND THE UNITS
REGIONAL. SUCH ASSISTANCE MUST BE PROVIDED BY THE PARTIES, WITH THE SOLE REQUIREMENT OF THE PARTIES CONCERNED. (1)
CHAPTER III
JUDICIAL ESCALATION
Charge Classification Manual
Art. 11.-The Court shall establish and maintain a manual of Classification of Charges, in which the name of each charge, description of the same, the duties, responsibilities
and requirements for its performance shall be included. This manual will serve as a basis for the establishment of judicial steps, without prejudice to the provisions of Article L3 of this Law.
Structuring of the Escalafon
Art. 12.-Judicial charges within the race will be structured at gradual levels,
according to the classification that the administrative technique advises, so that they keep continuity with each other, forming groups by similarity or equality of roles and responsibilities.
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Classes and categories of Magistrates and Judges
Art. 13.-For the charges of Magistrates, Judges of First Instance and Peace, the following classes and categories are established:
CLASS "A": Chamber of Second Instance Magistrates:
Category I: Chamber Magistrates based in the area Judicial Metropolitan.
Category II: Chamber Magistrates based in the other cities of the national territory.
CLASS "B": Judges of First Instance:
Category I: Judges of the Metropolitan Judicial Area.
Category II: Judges of Judicial Districts corresponding to the other departmental headings.
Category III: Judges of the other Judicial Districts.
CLASS "C": Judges of Peace:
Category I: Judicial Metropolitan Area Peace Judges.
Category II: Peace Judges of the remaining departmental headers.
Category III: Peace Judges in the other cities of the country.
Category IV: Judges of Peace in other populations.
Each category will correspond to a scale of wages within
FOR THE PURPOSES OF THIS LAW, IT IS UNDERSTOOD BY METROPOLITAN AREA, THE GEOGRAPHICAL AREA WHERE THE CHAMBERS OF SECOND INSTANCE OF THE FIRST SECTION OF THE CENTER AND THE CHAMBER OF THE FOURTH SECTION OF THE CENTER; AND THE COURTS OF
FIRST INSTANCE OR PEACE OF THE POPULATIONS OF SAN SALVADOR, MEXICO, DELGADO, SOYAPANGO, SAN MARCOS, TONACATEPEQUE, APOPA, ILOPANGO, AYUTUXTEPEQUE, CUSCATANCINGO, FORMER CUSCATLÁN AND NEW SAN SALVADOR. (1) (3)
Career and employee categories
Art. 14. The charges of judicial servants of the Judicial Race that do not exercise jurisdiction shall also be governed by the order and classification indicated by the Regulations and the Manual of Classification of Charges.
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CHAPTER IV
INCOME AND RETIREMENT
Option to Charges with Jurisdiction
Art. 15.-APPLICANTS FOR CHARGES OF SECOND-INSTANCE CHAMBER MAGISTRATES, JUDGES OF FIRST INSTANCE AND JUDGES OF PEACE, SHALL SUBMIT TO THE COUNCIL THEIR APPLICATION AND THOSE WHO ARE PACKED TO CHECK THE REQUIREMENTS OF THE CONSTITUTION, FOR
SUBMIT THEM TO THE CORRESPONDING TECHNICAL SELECTION PROCEDURES.
SUCH TECHNICAL SELECTION PROCEDURES MUST BE PUBLIC, ENSURE
THE OBJECTIVITY OF THE SELECTION, THE EQUAL OPPORTUNITIES AMONG THE APPLICANTS AND THE SUITABILITY OF THE SELECTED. THEY WILL UNDERSTAND COMPETITIONS AND THE STEP UP THE SCHOOL OF JUDICIAL TRAINING. IF THE ASPIRANT, FOR HIS OR HER CROWDED OR THE RESULT OF
CONTESTS, WILL GUARANTEE THEIR SUITABILITY, THE STEP BY THE SCHOOL OF JUDICIAL TRAINING WILL NOT BE REQUIRED. (1) (5)
Option to other charges
Art. 16.-To qualify for entry in the race and to carry out positions not included in the article
above, it is required:
a) Being Salvadoran, over eighteen years of age;
b) Having aptitude and intellectual ability to perform the respective charge;
c) Being of satisfactory conduct and moral condition;
ch) Fill in the particular requirements that for each charge point to other laws and the Charge Classification Manual; and
d) Approve in the court courses to set the regulation.
For the performance of the charges that require knowledge Applicants must be lawyers, graduates or students of law, unless there are no legal persons, in which case the appointment may be made in a suitable person.
The candidates must submit to the selected in the respective regulations.
Judicial Career Income Formality
Art. 17.-THE MAGISTRATES, JUDGES AND JUDICIAL SERVANTS SHALL ENTER THE RACE BY APPOINTMENT, IN COMPLIANCE WITH THE PROVISIONS OF THIS LAW, THEIR REGULATIONS AND MANUALS. (1)
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Scale Income
Art. 18. The entry to the race must be made in the lower classes of the respective classes. However, if someone fills the particular requirements for a charge, they will be able to opt for this and submit to the corresponding selection processes. In equal results you will prefer who
is already in the race.
Career Start
Art. 19.-The Judges of the Second Instance, Judges of First Instance and Judges of Peace, shall begin the Race from the inauguration of their office; and the other judicial servants,
immediately after the end of the term
Right to Retirement
Art. 20.-The official or judicial servant who has remained in the race thirty-five years, counted from the inauguration of the position, may obtain his retirement, whatever his age.
For this same effect, the time will accumulate of service provided in other offices of the State and decentralized entities, however, to enjoy the withdrawal according to this law, must credit ten
years at least within the race and be inside it when the withdrawal is requested. Who does not complete them, you can retire according to another system that applies to you.
CHAPTER V RIGHTS AND DUTIES
Rights
Art. 21.-They are rights of the members of the Race:
a) Gozar of stability in his office;
b) Devengar a salary according to his class and category, and enjoy the corresponding benefits;
c) Being promoted and promoted;
ch) Gotsar of licenses, transfers and permutas;
d) Be protected immediately by the authorities of the State when there is danger to their life or personal integrity by reason of their functions; and
e) Gozar of the other rights that this and other laws point out.
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Duties
Art. 22. They are the duties of the members of the Race:
a) Fulfilling and ensuring that the Constitution and other laws are complied with;
b) Understanding and administering the court in charge of due diligence;
c) Residing in the territorial jurisdiction the court;
ch) Promptly and efficiently resolve and resolve processes and proceedings under your
knowledge;
d) Respect and care for judicial officers, junior staff, co-workers, litigants, persons interested in the judgments and proceedings that are aired in
the court, as well as the general public;
e) Attend coursework and court training events;
f) Collaborate with the Court and the Council;
g) Take charge with due care, efficiency and accountability;
h) Meet the schedules of shifts to be determined for the performance of the
tasks and work overtime in cases of need; and,
i) Meet the other duties that this and other laws point out.
The duties enunciated in points (b), (c) and (ch) refer exclusively to the Magistrates of the Supreme Court of Justice and of the Chambers
duly justified special cases, the Court may authorize a magistrate or judge to reside outside the territorial jurisdiction of the court.
Ascensus And Promotion
Art. 23.-IT IS CONSIDERED AS PROMOTION, TO MOVE TO A POSITION OF CATEGORY OR HIGHER CLASS, WHICH WILL BE RESOLVED IN A PUBLIC PROCESS, TAKING INTO ACCOUNT THE EVALUATIONS OF THE PERFORMANCE IN THE CURRENT POSITION, THE SKILLS TO OPT FOR A HIGHER ONE, THE
CONTEST RESULTS AND SENIORITY WITHIN THE RACE. IN ORDER TO OBTAIN IT, A PRIOR APPLICATION SHALL BE REQUIRED, FILED WITHIN 15 DAYS OF THE NOTICE THAT IT IS VACANT.
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PROMOTION CONSISTS OF MOVING TO A HIGHER PAY SCALE WITHIN A
SAME CATEGORY, ACCORDING TO THE CHARGE CLASSIFICATION MANUAL AND THE REMUNERATION PLAN, BASED ON PERIODIC EVALUATIONS OF THE DEVELOPMENT OF THE WORK, RESULTS IN THE TRAINING COURSES RECEIVED, PROFESSIONAL MERIT, CONDUCT, SENIORITY AND OTHER QUALITIES OF THE OBJECTIVELY EVALUATED CAREER MEMBER. SE
MAY GRANT, ON ITS OWN INITIATIVE OR ON A PROPOSAL FROM A HIERARCHICAL SUPERIOR, BASED ON THE ABOVE CRITERIA, PRIOR TO A PUBLIC PROCESS.
THE COURT OR COMPETENT OFFICIALS MAY COMMISSION THE NATIONAL COUNCIL OF THE JUDICIARY OR THE SCHOOL OF JUDICIAL TRAINING, TO CONDUCT THE COMPETITIONS OR THE EVIDENCE IT DEEMS RELEVANT. (1) (5)
CHAPTER VI
INCOMPATIBILITIES AND DISABILITIES
Incompatibilities for Function
Art. 24.-ANY CHARGE OF THE RACE IS INCOMPATIBLE WITH THE EXERCISE OF THE
ATTORNEY, OF THE PROCURATORATE AND WITH THE QUALITY OF OFFICIAL OR PUBLIC EMPLOYEE, EITHER BY APPOINTMENT OR BY CONTRACT, EXCEPT THAT OF A TEACHER OR DIPLOMAT ON MISSION TRANSITIONAL, THAT OF THE REPRESENTATIVE IN THE COURT OF THE TEACHING CAREER AND THAT OF THE
REPRESENTATIVE IN THE COURT OF THE CIVIL SERVICE. (1)
Medical examiners, in addition to the charge, may, with the consent of the Court, perform up to
two more, of their own profession, in care facilities or in dependencies that require their services, provided that the time required by the performance of all the charges does not exceed eight hours a day and that the activities that correspond to them in the Judicial Organ, meet them during the hours of hearing or in accordance with the shifts that are established.
Incompatibility in reason for parentage
Art. 25.-They may not be simultaneously magistrates of the same Chamber of the Second Instance, or judicial officers in different courts when one of them is required to know of the judgments delivered by the other, who are spouses to each other, relatives within the fourth grade
of consanguinity, second affinity, or adoption.
If a judicial officer is appointed ignoring the existence of the previous cause of
incompatibility, or is over the appointment, must be replaced the one of the most recent appointment and transferred to another position of equal category.
In the same court, those who are spouses of each other, or persons in the degrees of kinship mentioned in the first paragraph of this article, may not be appointed or worked.
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Special Incompatibility
Art. 26.-The exercise of a Carrera's charge is incompatible with participation in partisan politics; that is, belonging to management cadres or being a representative of political parties or proselytizing activity.
Incompatibility with auxiliary activities
Art. 27. Officials and employees of the Carrera shall not be able to perform more functions than those assigned to them; consequently, they shall be prevented from acting as non-official experts, arbitrators, judicial depositaries, fiators, controllers, executors of attachment, public or trade defenders,
or of marriage, ad-litem curators or of a lying inheritance or any other auxiliary charge of justice, except the cases of the executing judge in the habeas corpus procedure.
Disabilities
Art. 28.-They may not be appointed to office or be held within the Race:
a) Those who are suspended or have lost their rights of citizens;
b) The blind, deaf or mute;
c) Those who are not in the full use of their mental faculties; and;
ch) Those who have previously been removed from a Career charge, if they are not rehabilitated.
CHAPTER VII SERVICE RELATIONSHIP REGIME
Remuneration. Principle of equality
Art. 29.-The Court shall draw up the Remuneration Plan for the judicial servants of the Carrera, in which the initial, intermediate and maximum salaries corresponding to the charge or group of charges referred to in the Manual of Classification of Charges; observing the principle that to work
equal and in similar conditions, corresponds to equal pay.
Salary fixing factors
Art. 30.-In the Remuneration Plan, the modalities of each work, its complexity, degree of responsibility and other determining factors for remuneration
should be taken into account.
this remuneration plan should be reviewed at least every year. For elaboration and
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review, the Court may request the collaboration of the Council and other entities specialized, so that
prepare the corresponding projects.
Budget Forecast
Art. 31.-The budget of the Judicial Authority shall contain the corresponding items for the payment of salaries in accordance with the amounts laid down in the Remuneration Plan; as well as the items for the payment of social benefits
The charges will appear in the budget according to the denominations given in the Charge Classification Manual.
Work Day
Art. 32.-The ordinary day in all the courts will last for five hours a day, at least, but the Supreme Court of Justice, in addition to determining the working hours, will be able to increase it to eight hours, when the corresponding budget allocation so allow, the
differences and pay increases in this latter case should be established.
The regular weekly working day of the judicial servers may not be greater than
forty hours.
Job extraordinary
Art. 33.-Extraordinary work may not exceed four hours on a working day, unless it is carried out within shifts or by situations of need; it shall be remunerated and
increase the salary with the surcharge to be fixed legally.
Setting of shifts
Art. 34. For the first steps of instruction to be carried out outside the ordinary working day, the Supreme Court of Justice shall establish shifts with respect to the courts of First Instance and Peace of the capital. The Chambers of the Second Instance with jurisdiction in criminal matters, which
are based outside of San Salvador, shall establish those of the Courts of First Instance and of Peace of the populations in which they reside; and the Judges of First Instance which know of the criminal, those of the Peace Courts of their respective jurisdiction, and must include their court in those shifts, in the
cities of their residence.
The superior hierarchical of the medical examiners, will integrate the groups of Doctors who in turn
will serve the services in the courts of each city.
Vacations, asuets, and aguinaldos
Art. 35.-Judicial servers will enjoy vacations and take on the laws of the matter.
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Likewise, at the end of the first fortnight of December, they will have the right to be
I paid a sum of money in the concept of aguinaldo for each year of work or proportional to the time worked. The amount will be set annually in the Judicial Authority's budget.
Unpaid licenses
Art. 36. The Court may grant unpaid leave for up to two months in each year to the Magistrates of the Chambers of the Second Instance, Judges of First Instance and of Peace. The
may also, at the same time, grant the Heads of the Sections or Departments of the Court, provided that the good performance of the service is not affected.
The officials mentioned in the foregoing paragraph may make use of the of the license for periods not less than three days, prior to the deposit of the charge when the law requires it, communicating it in advance to the Court for the purposes of law.
TEMPORARY COMMISSION OF SERVICE
Art. 36-A.-THE SUPREME COURT OF JUSTICE MAY GRANT UNPAID LICENSES TO MAGISTRATES, JUDGES, AND JUDICIAL OFFICERS SO THAT THEY CAN COMPLY WITH TEMPORARY COMMISSIONS OF SERVICE, IN WHICH THEY PARTICIPATE AS DIRECTOR, COORDINATOR,
RAPPORTEUR, TEACHER OR TRAINER IN TRAINING PROGRAMMES OR EVENTS, INTERNSHIPS OR CULTURAL EXCHANGE, PROVISION OF SERVICES OF LEGAL ADVICE, RESEARCH, TEACHING AND TRAINING IN THE NATIONAL COUNCIL OF THE JUDICIARY, IN INSTITUTIONS
MEMBERS OF THE JUSTICE SECTOR OR THE JUDICIAL BODY.
THE TEMPORARY COMMISSION OF SERVICE MAY NOT EXCEED TWO YEARS, EXCEPT CASES
EXCEPTIONAL QUALIFIED PREVIOUSLY BY THE SUPREME COURT OF JUSTICE.
IN THESE CASES, THE TIME OF PERMANENCE IN SUCH A SITUATION WILL BE COMPUTED FOR THE PURPOSES OF PROTECTING SENIORITY AND ENJOYING THE RIGHT TO PROMOTION, TO THE
SALARY REMUNERATION, SOCIAL BENEFITS AND OTHER RIGHTS AND BENEFITS THAT GRANT THE LAW; YOU SHALL ALSO BE ENTITLED TO THE RESERVATION OF THE PLACE AND COURT TO WHICH YOU ARE ASSIGNED OR TO ITS EQUIVALENT. (4)
REQUIREMENT
Art. 36-B.-THE SUPREME COURT OF JUSTICE MAY AUTHORIZE THE TEMPORARY COMMISSION OF SERVICE WHEN THE CANDIDATE HAS EXERCISED THE JUDICIARY OR THE JUDICIAL OFFICE FOR AT LEAST TWO YEARS AND HAS NOT BEEN PUNISHED IN THAT PERIOD FOR SERIOUS OR VERY SERIOUS MISCONDUCT.
(4)
Illness and maternity licenses
Art. 37.-The Court shall grant leave on the basis of sickness, with pay, to the officials referred to in the previous article and to the other judicial servants for up to five years.
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months in each year of service. The respective agreement will determine the time of the license, taking
into account the severity of the disease. If this continues, the license may be extended, without exceeding the limit stated above.
Judicial servants will be entitled to twelve weeks of paid leave for
maternity, and must be taken at least six of those weeks, after delivery.
To obtain the licenses referred to in this article, the person concerned must accompany the
original medical certifications that justify his/her illness or maternity.
Licenses granted by other courts
Art. 38.-The Chambers of the Second Instance and the Judges of First Instance and of Peace shall have the powers referred to in Articles 36 and 37 in respect of the employees of their respective court.
The licence shall be issued by the courts. original to the Court.
When the sick leave is paid, it may not exceed fifteen days;
if the person concerned requests an extension it will be up to the Court to grant it.
paid leave, may be referred to the Court by means
of the Chamber of Second Instance or The Court of First Instance of the place where the person concerned is located, and if the person concerned is abroad, he may make such an application by any means.
Trassides and Permutas
Art. 39.-The members of the Carrera may be transferred to an equal position within
of the Charge Classification Manual, for reasons of convenience of the service, qualified by the Court.
PERMUTAS SHALL PROCEED ON REQUEST. OF BOTH MEMBERS OF THE RACE AND STILL IN A DIFFERENT CATEGORY WITHIN THE SAME CLASS, EVERY TIME THE RESPONSIBLE AUTHORITY
OF GRANTING THEM CONSIDERS THAT THE ADMINISTRATION OF JUSTICE IS NOT HARMED. (1)
Square deletion
Art. 40.-In cases of the removal of the square, the members of the race who will be
do sowill be entitled to compensation that will be equivalent to one month's salary for each year of service.
Additional benefits
Art. 41.-The Court shall organize a protection fund and other systems that allow the
members of the race to enjoy, without prejudice to those established in other laws, the following benefits:
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a) Medical-hospital care;
a) Life insurance and personal accidents;
(c) Credit for home acquisition, modification or repair of the home; and
ch) Bonification by voluntary retirement equivalent to six months at least of the last accrued salary, provided that at least the two have been met third parts of time
required to retire within the Race.
CHAPTER VIII
JUDICIAL CONTROL
Object and Opportunity
Art. 42.-Judicial control shall be carried out by means of inspection in order to maintain good administration of justice and to determine the deficiencies and needs that the various courts
confront in order to remedy them. When the Court considers it appropriate and obligatory once a year, it shall visit the Chambers and Courts of First Instance and Peace for the purposes of the said effects, or may also entrust the Council, the Chambers of the Court, the Chambers and the Judges.
Instance
with the help of specialized personnel, the realization of such visits.Inspection Content
Art. 43.-The inspection shall be carried out by means of the technical procedures required by such a service and shall comprise at least:
a) The analysis of the court's actions, in terms of administrative efficiency;
b) The assessment and use of human and material resources;
c) Observation of discipline, order and decorum in the court; and
d) Review of files, books, files and other documents and records to determine, among others, the compliance with the procedural time limits and measures aimed at speeding up the cases and the performance of the court; as well as to ascertain whether
those are brought according to the relevant rules.
In any case, the inspection officers must ask the officials and employees,
explanations, justifications, observations and suggestions on the Court's administrative rules and practices, as well as information about the deficiencies and needs of the Court.
Inspection Act
Art. 44.-The content of the inspection will be settled and the necessary copies will be extended
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to be delivered to the office holder and to the Court, the original being added to the
CHAPTER IX
ASSESSMENT
Object and Opportunity
Art. 45.-The judicial activity of the members of the Carrera will be subject to evaluation
permanent of its performance, in order to know merits, to detect training needs or to recommend methods that improve the administration of justice.
The evaluation will be carried out with the frequency that the Court considers appropriate, and may designate the Council to do so.
The evaluation will be done on an individual basis, with judges and judges. The activity of other officials and employees may be evaluated individually or in general, considering the tasks of each class or category of employees.
Aspects of the assessment
Art. 46.-The evaluation shall be carried out by means of technical units, in order to ensure the application of suitable methods and shall include in particular the following aspects:
a) Capacity and suitability;
b) Efficiency, order, responsibility and speed in the work done;
c) Degree of compliance with the job's own tasks; and
ch) Observance of the disciplinary provisions.
Assessment result
Art. 47.-The result of the evaluation shall be reported to the Supreme Court of Justice and shall be communicated in writing to the person evaluated. The document that contains it will be added to the respective case.
Statistical Data
Art. 48.-For the purposes of this Chapter and of the previous Chapter, each court must carry the controls
internal statistics that are necessary, according to the system ordered by the Court.
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CHAPTER X
DISCIPLINARY REGIME
Art. 49.-Violations are classified in: less serious, serious and very serious.
The disciplinary penalties provided for by this law are:
a) Verbal or written assembly;
b) Suspension in the performance of the charge; and
c) Removal from office.
In addition, hierarchical superiors will be able to make subaltern personnel, the preventions they deem appropriate to maintain discipline.
Less serious infractions.
Art. 50.-They are less serious infractions:
a) Profiting disrespectful expressions;
b) Not attending ordinary tasks without justified cause;
c) Requesting or repeatedly promoting the advertising promotion of your person;
ch) Perform acts incompatible with the decorum of the charge;
d) Observe bad behavior within the court; and
e) Failure to attend to the public with due respect and diligence.
Serious infractions
Art. 51.-Constitute serious infractions:
a) Close the office unjustifiably;
b) Refuse to attend training and knowledge training courses and events;
c) Incompliance with the commissions assigned to you;
ch) Do not attend the hearings or withdraw from them, without justified cause;
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d) Allow the person not to be eligible in court;
e) Skip or delay unjustifiably the affairs of the office or to disregard the procedural terms for carelessness or negligence;
f) Refusal to supply to its superiors the information to be given or to supply them incomplete or inaccurate;
g) Negar, without reasonable cause, the files to persons authorized to exercise the procurement;
h) Allow within the court and at work hours, or participate in, or participate in, or participate in, commercial activities; and,
i) Failure to comply with work shifts to be established or not to work overtime in cases of need.
Very severe infractions
Art. 52.-These are very serious infractions:
a) Execute serious immorality in the office where you work or out of office when you are in office;
b) ingesting drunken drinks or using drugs in the workplace. work, or report to or under the influence of such
drugs;
c) maliciously damaging material damage to buildings, machines, office equipment and other belongings of the place of job or execute acts that directly place in severe
danger to the staff of the same;
ch) Do not attend work for two or more days, consecutive or alternate, without cause
justified, within the same calendar month;
d) Do not practice judicial proceedings to which you are bound or refuse to attend acts
requiring their presence;
e) Signing resolutions without having participated in their discussion or not having imposed the
content of the proceedings;
f) Prevalse from the position to exercise undue influence;
g) Breach rules on incompatibilities;
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h) Knowing on matters where there is an impediment; and,
i) Participating in a strike, work stoppage, or collective abandonment of work.
Sanctions Application
Art. 53.-The admonition may be applied in the cases of less serious infractions; the suspension in the performance of his office, three to fifteen days, in the cases of serious infractions,
and the suspension of more than fifteen to sixty days, very serious violations.
During the suspensions referred to in the preceding paragraph and the following article, the infringer
shall not be paid, nor shall that period be counted for the purposes of seniority within the Career.
Special Cases of Suspension
Art. 54.-The suspension shall also be made in the following cases:
a) For having decreed a provisional detention order against the official or judicial server; and
b) For a declaration that there is a formation of a cause, against the
The suspension will last as long as the detention order is maintained, until the release is made
effective the release; except if it is a criminal offence, in which case the Court will consider whether the suspension must continue.
If the suspension lasts more than six months, the removal of the If, after this term, a self-declaration or an absolute judgment is delivered, the official or judicial servant may be taken into account to fill any vacant position of equal status and class to which he or she was acting. judgment of the Court.
In the case of point (b), the suspension will last since it is declared that it has taken place until the absolute judgment is given.
In all these cases, the official or judicial server that is appointed in the vacancy, will be understood to be on an interim basis, until the removal of the position of the Race member
replaced.
Art. 54 A. -WHEN THE ACTION OF THE OFFICIAL OR JUDICIAL EMPLOYEE CONSTITUTES
A DANGER OR PREJUDICE TO THE CORRECT ADMINISTRATION OF JUSTICE, OR HAS PRODUCED A SOCIAL SCANDAL DUE TO THE CIRCUMSTANCES OF THE FACTS OR THE QUALITY OF THE PERSONS, OR WHEN THE EMPLOYEE OR OFFICIAL IN HIS OR HER POSITION CAN PREVENT OR
HINDER THE INVESTIGATION OF THE MATTER, THE SUPREME COURT OF JUSTICE MAY AGREE TO SUSPEND THE EMPLOYEE OR OFFICIAL BEFORE STARTING OR IN ANY STATE OF THE THE PROCEDURE THAT THIS LAW INDICATES FOR THE IMPOSITION OF SANCTIONS. IN THREE DAYS,
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AFTER SUSPENSION HAS BEEN AGREED, THE PROCEDURE MUST BE INITIATED,
IN YOUR CASE.
THE SUSPENSION WILL LAST UNTIL THE FINAL DECISION IS GIVEN, AND IF IT IS FAVORABLE TO THE EMPLOYEE OR OFFICIAL, IT WILL BE REINTEGRATED INTO HIS OR HER POSITION AND MUST BE PAID,
AT THE EXPENSE OF THE STATE, AN AMOUNT EQUAL TO THE SALARY THAT IT HAS LEFT. ACCRUAL DURING SUSPENSION. (2)
Charge Remotion
Art. 55.-A member of the Carrera must be removed from his position by:
a) Haber has been suspended within a period of two years for more than two years;
b) Ineptitude or manifest inefficiency in the performance of the charge;
c) Abuse of authority, attributing functions that the law does not confer to it;
ch) Inassistance to its work for more than eight consecutive days without justified cause;
d) Haber been convicted of crime;
e) Fostering, sponsoring, organizing or direct strikes, stoppages, or collective work-outs;
f) Exercise the position, however, legal requirements for their performance;
g) Request or receive handouts, promises or favors from stakeholders in the processes, either directly or by person;
h) Advising on judicial matters; and
i) The removal shall be agreed with only the certification that the respective court shall refer to the competent authority.
removal shall be agreed with only the certification that the respective court must send to the competent authority.
If you are removed from officials or employees who need authorization from the Supreme Court of Justice or any of its rooms, for the performance of the charge, the removal of them will produce the
revoking of the respective authorization.
Continuation in charge and compensation
Art. 56.-The Magistrates of the Chamber of the Second Instance, Judges of First Instance and of Peace and other judicial servants, shall not be suspended or removed from their posts but for cause
previously established legal. Suspension or removal without prior judgment will not produce any legal effect
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and the member of the Carrera must continue in his position, without prejudice to the cancellation of the at the expense of the
infringer, the salary that he has ceased to receive and is compensated for any damage that will be caused to him.
The respective action will be known and will be resolved by the Supreme Court of Justice, in the form indicated for the trials of only work instance, and its processing may be commissioned to the Council or the Section
Professional investigation.
Failure to comply with the judgment in respect of the wages left to receive and the damages
caused to the official or judicial server, will give this executive action against the offender, having in this case executive force the execution of the sentence in which the payment is condemned. The referred wages will have the character of privileged credit against the infringer and will be paid in a preferential manner.
The state will respond to the officials and public employees responsible.
XI
PROCEDURE
COMPETENT AUTHORITY
Art. 57.-THE COURT OR OFFICIAL COMPETENT TO IMPOSE ANY OF THE
SANCTIONS REFERRED TO IN ARTICLE 49, PARAGRAPH 2, SHALL BE THE SAME AS THAT OF THE RIGHT TO APPOINT THE MEMBER OF THE CAREER AS AN OFFENDER. (1)
PROCEDURE INITIATION
Art. 58.-THE DISCIPLINARY PROCEDURE SHALL BE INITIATED ON ITS OWN INITIATIVE OR THROUGH DENUNCIATION
VERBAL OR WRITTEN. IF IT IS VERBAL, THE CORRESPONDING RECORD SHALL BE LIFTED. THE COURT OR COMPETENT OFFICIAL SHALL ACT WITH AN ACTING SECRETARY FOR HIS APPOINTMENT. (1)
Complaint Requirements
Art. 59.-The complaint against a member of the Career shall contain the following requirements:
a) Name, last name and other general of the complainant, and where applicable, those of the aggrieved;
b) Name, surname and other generals, position and place of
c) Relationship of the facts, mention of the relevant evidence and pointing of the form and other circumstances to obtain it; and
ch) Place, date and signature of the complainant or the person who does so to your request.
If the complaint does not fill any of the above requirements, the complainant will be prevented from providing the omissions within a third day; failure to do so will not support the complaint; however, the procedure may be initiated.
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UNOFFICIAL IMPULSE
Art. 60.-THE PROCEDURE WILL BE INITIATED ON ITS OWN INITIATIVE. THE COMPLAINANT MAY NOT ACT AS A PARTY, BUT SHALL HAVE THE RIGHT TO PROVIDE EVIDENCE RELEVANT TO THE INVESTIGATION, WITHIN THE TERM REFERRED TO IN THE FOLLOWING ARTICLE, FOR
THE EFFECT OF WHICH SHALL BE NOTIFIED TO THE COMPLAINANT ORDER THE OPEN TO TESTING. (1)
Processing
Art. 61.-From the decision admitting the complaint or initiating the procedure of its own motion, the alleged infringer will be heard for three days. After that term, with or without response,
will open the procedure to the test by the end of fifteen days, and can collect any test class supported by the law.
After the probative term, there will be the the procedure in which the appropriate resolution is given.
In that state, if the Council has instructed the procedure, it shall transmit the act with a circumstantial report, not later than three days after the Court.
At any stage of the procedure, the complainant and the complainant may be informed of the status.
Resolution
Art. 62.-The final decision must be pronounced within the next 15 days
at the end of the test period or the action of the council has been received. To resolve, the respective authority will do so in accordance with the rules of healthy criticism.
Procedure for admonishment
Art. 63.-In the case of an admonition, the relevant information shall be collected, with a hearing of the alleged infringer and the sanction shall be applied with only moral robustness of proof.
Resources
Art. 64.-The resolution imposing the suspension or removal of the office from the Judges, Judges of First Instance or of Peace, will admit recourse of recall, which must be filed in writing before the same Court, within the three-day term from the next to the notification.
Admitted to the resource, the Court will resolve with the single view of the cars, no later than the next five days.
The suspension or removal of the charge from the rest of the race staff, It will admit review facility for the superior hierarchical that knows in degree according to the Law Organic Judicial. In cases where the President of the Court is the one who imposes the sanction, the full Court will be known in review, with
exclusion from that. This resource will be interposed in the form and within the term stated above,
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to the official who imposed the sanction, the file must be sent to the court respective to more
take the day following your admission, which you will resolve according to the previous paragraph. *DECLARED UNCONSTITUTIONAL
Revocation
Art. 65.-If the decision of the court hearing the review is to revoke the penalty of suspension or removal from office, it shall also order the payment of the corresponding compensation, if any
place to it.
Report to the Court
Art. 66.-If the disciplinary measures have been imposed by a different authority of the Court, the Court shall forward to the Court the final judgment in the following hearing, which shall be certified by the Court.
The above shall also be fulfilled
EXECUTION OF THE JUDGMENT
Art. When the judicial officers are imposed, on the basis of their charge, the sanctions of admonition or fine for other laws.
EXECUTION OF THE SENTENCE
Art. 67. DISCIPLINARY SANCTIONS SHALL BE EFFECTIVE BY THE COURT OR
OFFICIAL WHO DICTATES THEM. THE WARNING SHALL BE CARRIED OUT WITHIN 24 HOURS OF ITS IMPOSITION AND, IN OTHER CASES, WITHIN THREE DAYS OF THE FINAL DETERMINATION OF THE ORDER IMPOSING THEM. (1)
Whistleblower responsibility
Art. 68.-If the complaint is declared free of liability, it may be followed separately, at the request of the latter or at the discretion of the judge, and with the summons of the complainant, a procedure to determine whether the complaint is malicious. If yes, a fine of one hundred to five thousand colons will be imposed on the complainant, taking into account the economic conditions of the complainant and the seriousness of the reported fact.
Notifications and citations
Art. 69.-The notifications and citations shall be made to the person concerned by means of a corner which shall contain the resolved and must be personally delivered to him; and if not possible, he shall be left with a person of age, at the place of work or at his residence.
Procedure features
Art. 70.-The procedure must be of a reserved nature; no information may be provided on the same and shall have access to the only the complainant and the denounced or the respective proxies; there shall be no place to incidents, no counterclaims and their Processing shall not exceed sixty days.
Of the actions, no certifications may be extended except for the resolution that absolves the official or the judicial server of the fact charged.
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Rehabilitation
Art. 71. The member of the Carrera who has been removed from his post, may request his rehabilitation, provided that at least three years have elapsed, of the separation.
The application must be submitted to the Court, who will decide that request summarily, and you can entrust the respective processing to the Board.
Reentry
Art. 72.-You may re-enter the Career, the person who has voluntarily withdrawn from that Career or has been rehabilitated, and must comply with the requirements and procedures for entry to the Race.
CHAPTER XII TRAINING AND UPGRADING KNOWLEDGE
Training
Art. 73.-Career members have the right and duty to train in disciplines related to their duties, according to programs that will be established.
Judicial School
Art. 74.-To meet the objectives of the career, a judicial school will be created which will have under its responsibility the theoretical and practical training of the members of that, the updating of their knowledge, as well as the training of people
Study Programs
Art. 75.-The judicial school will be the organ that will design and execute the training programs,
knowledge and training knowledge and practice update; for this, it will have the necessary teaching and technical staff.
Inter-institutional relations
Art. 76.-The judicial school, in order to fulfill its objectives and responsibilities, will seek
to formalize agreements of cooperation and educational and technical exchange with schools of law, associations of lawyers, institutes of legal investigation and national and international state agencies that collaborate with the administration of justice.
Scholarships
Art. 77.-The judicial school will organize and maintain a scholarship system so that members
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of the Race may be cured, in or out of the national territory, studies of training or upgrade
knowledge. For this purpose, the corresponding budget items will be allocated annually.
The beneficiaries will have to sign a contract and commit themselves to continue serving in the Authority
Judicial for the term that the Supreme Court
CHAPTER XIII FINAL AND TRANSIENT PROVISIONS
Irregular Appointment
Art. 78.-Any appointment to a post of the Carrera which shall be made in contravention of the provisions
this Law or its Regulations shall not give any right to the person who has obtained it; but the actions taken in the post may not be be challenged for that reason.
Records
Art. 79.-The Court shall keep records that are necessary for the administration and control of
the Race, in accordance with the regulations of this law and the technical rules on the matter.
In the file of each member of the Race will add information about your service.
Expiration
Art. 80.-The action to initiate the disciplinary procedure will expire one hundred and eighty days from the knowledge of the fact that motivates it.
Exemption
Art. 81.-In all actions to be taken in connection with the application of this law, common paper will be used.
Regulatory Power
Art. 82.-The Supreme Court of Justice within one hundred and eighty days, counted from the validity of this decree, shall issue the regulations, instructions and manuals necessary for the application of this law, and shall make it carry out the actuarial calculations and other studies of
technical character, prior to the granting of the additional benefits referred to in Article 41.
Officials in current exercise
Art. 83.-The Magistrates of the Second Instance, Judges of First Instance, Judges of Peace, Registrar and First Chief Justice of the Supreme Court of Justice, Senior Officers of Chambers,
Secretaries of Chamber, Chamber and Court, which to the come into force this law exercises their respective
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charges on property are incorporated in full right to the Judicial Race.
The other charges will be gradually incorporated by the Supreme Court of Justice. *DECLARED UNCONSTITUTIONAL
Service Equation
Art. 84.-To those who have served within the Authority or the Judicial Branch prior to
to the date this law enters into force, they will be credited with the time of the law as they have performed within the Judicial Race.
Regime entry transient
Art. 85.-As long as the regulations establishing the selection procedures and requirements are not issued
to enter the charges referred to in Article l6, nor will the technical unit that collaborates with the Supreme Court of Justice be organized in its administration, this will make the appointments of the staff of the Chambers of Second Instance, Courts of First Instance and of Peace, from among the terns that will have to
refer you the hierarchical superiors of those offices. The proposals must be accompanied by those who are in agreement with the ability and capacity of the candidates, in accordance with the instructions to be drawn up by the Court. If no proposals are made, or will not be accompanied by such, the Court will make
directly the appointment; but, in any case, it must require the aspirants to check their merits and fitness.
Application
Art. 86.-What is not provided for in this law, will be governed, as appropriate, by the Law of Civil Service,
Law of the National Institute of Pensions of Public Employees, Law of the Judicial Organic Law, Law of the National Council of Judicature and other laws
Derogatory
Art. 87.-This law repeals all provisions that are totally or partially opposed to it, expressly or tacitly.
Vigencia
Art. 88.-This decree shall enter into force ninety 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 July of a thousand nine hundred and ninety.
LUIS ROBERTO ANGULO SAMAYOA, VICE-PRESIDENT.
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MAURICIO ZABLAH, RAUL MANUEL SOMOZA ALFARO,
SECRETARY. SECRETARY
NESTOR ARTURO RAMÍREZ PALACIOS, DOLORES EDUVIGES HENRIQUEZ, SECRETARY. SECRETARY
CASA PRESIDENTIAL: San Salvador, at the twenty-four days of the month of July of a thousand nine hundred and ninety.
PUBESQUIESE,
ALFREDO FÉLIX CRISTIANI BURKARD, President of the Republic.
Mauricio González Dubón, Minister of Labor and Social Welfare, Charged with the Law Office.
D.O. Nº: 182 Tomo Nº: 308
Date: 24 /julio/1990.
REFORMS:
(1) D.L. NO 415, 11 DECEMBER 1992;
D.O. NO 8, T. 318, JANUARY 13, 1993.
(2) D.L. NE 202, DECEMBER 1, 1994; D.O. NE 233, T. 325, DECEMBER 15, 1994.
(3) D.L. Nº 730, 13 JUNE 1996; D.O. NO 115, T. 331, 21 JUNE 1996.
(4) D.L. Nº 573, OCTOBER 11, 2001; D.O. NO. 198, T. 353, OCTOBER 19, 2001.
(5) D.L. Nº 362, 5 MAY 2016; D.O. NO 93, T. 411, 20 MAY 2016.
PARTIAL REPEAL:
D.L. NO 414, DECEMBER 11, 1992, D.O. NO. 8, T. 318, JANUARY 13, 1993.
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UNCONSTITUTIONALITY:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY WAY OF SENTENCE No. 25-2013, PUBLISHED IN D. O. No. 110, T. 407, OF JUNE 19, 2015, DECLARES UNCONSTITUTIONAL THE ARTS. 2, 64 INC. 2 ° AND 83, IN RELATION TO THE ARTS. 1 INC. 2 °, 4 INCS. 2 ° Y 3 °, 14, 16, 17, 19, 20, 22 INC. 2 °, 27, 29, 30, 35, 45 INC. 3 °, 54 LETTER A) INC. 3 ° AND 5 °, 54-A AND 56, FOR THE VIOLATION OF ARTICLE 186 OF THE CONSTITUTION OF THE REPUBLIC, WHEREAS SUCH ARTICLES INCORPORATE THE JUDICIAL CAREER, INSTITUTIONAL GUARANTEE OF THE JUDICIAL FUNCTION IN STRICT SENSE, TO THE SECRETARY GENERAL AND FIRST SENIOR OFFICER OF THE SUPREME COURT OF JUSTICE, THE SENIOR OFFICERS OF SECOND-INSTANCE CHAMBERS, AS WELL AS THE SECRETARIES OF CHAMBERS, CHAMBERS OF THE SECOND INSTANCE, COURTS OF FIRST INSTANCE, AND COURTS OF PEACE, WHICH, NEVERTHELESS, THEY ARE SERVANTS OF THE COURT OF JUSTICE, AND THEY ARE SERVANTS OF THE COURT. PUBLIC WHICH HAS NO JUDICIAL INVESTITURE. (JQ/20/07/15)
OAL
ROM/mldeb
NGCL 08/03/11
JQ 20/07/15
SP 15/06/16
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