Reforming The Law Of The Court Of Accounts Of The Republic.

Original Language Title: Refórmase la Ley de la Corte de Cuentas de la República.

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Legislative Assembly - Republic of EL SALVADOR index legislative 1 Decree N ° 548 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Legislative Decree N ° 438, dated August 31, 1995, published in the official journal N ° 176, volume 328, on 25 September of the same year, was issued the law of the Court of accounts of the Republic.
II.-that the aforementioned law, currently needs reform to meet the principles, criteria and provisions relating to transparency, especially with regard to the powers, powers and duties of the Chairman and judges of that institution.
III.-that also, is important do more collegiate the decisions that take the Court of accounts of the Republic, to effect that these are more effective for the operation, jurisdiction, competition and regime administrative of that institution.
IV.-which for the reasons previously stated, it is necessary to make relevant reforms for a better functioning of the institution. Therefore, in use of his constitutional powers and at the initiative of the deputies and members Lorraine Guadalupe Pena Mendoza, Eugenio Donato Vaquerano Rivas, Rodrigo Avila Avilés, José Antonio Almendariz, Rolando Alvarenga Argueta, Manuel Orlando Cabrera Candray, Carmen Elena Calderón Sol of Escalon, Silvia Alejandrina Castro Figueroa, Roxana Maricela Durán Hernández, René Gustavo Escalante Zelaya, Ana María Margarita Escobar López, Julio César Fabian Perez , Norma Fidelia Ramirios Guevara, Karla Elena Hernandez Molina, Nery Francisco Herrera Pineda, Maytee Gabriela Iraheta Escalante, Bonner Francisco Jiménez Belloso, Ernesto Luis Muyshondt García Prieto, Ana Maria Gertrudis Ortiz Lemus, Mario Antonio Ponce Lopez, Carlos Armando Reyes Ramos, Francisco José Rivera Chacon, Vilma Carolina Rodriguez Davila, Alberto Armando Romero Rodríguez, Misael Serrano Chavez, Juan Alberto Valiente Alvarez, Patricia Elena Valdivieso Gallardo , Mauricio Ernesto Vargas Valdez, Ricardo Andres Velasquez Parker and John Tennant Wright Sun. And members of the period 2012-2015 Bertha Mercedes Avilés, martyr Arnoldo Marin Villanueva and Mariela Pinto penalty; period 2009-2012 Holy Hedwig Crespo Chavez, Omar Arturo Escobar Oviedo, Rafael Antonio Jarquín, Alejandro Dagoberto Marroquín, Douglas Leonardo Mejia Aviles, Alexander Higinio Melchor López, Orestes Fredesman Ortez Andrade, Inmar Rolando Reyes, Cesar Humberto Solórzano Dueñas and Esdras Samuel Vargas Pérez; period 2006-2009 Walter Eduardo Durán Martínez and Luis Arturo Fernández Peña; and the period 1997-2000 René Napoleón Aguiluz, Salomé Roberto Alvarado, Alfonso Arístides Alvarenga, Donald Ricardo Calderón Lam, Mauricio Hernández Pérez, Sigifredo Ochoa Pérez, Kirio Waldo Salgado, Ernesto Santiago Varela and José Ricardo Vega Hernández. DECREES the following: Legislative Assembly - Republic of EL SALVADOR index legislative 2 reforms to LA law the Court of accounts of the Republic article 1.-reforming article 2, as well: "article 2.-the Court is independent of the executive organ, the functional and administrative."
The independence of the Court is based on its technical character, and his performances are completely independent of any particular interest.
The Court shall draw up annual project income and expenses of the institution, as well as their respective scheme of wages according to the policies, procedures and budget dates established by the law of the State financial administration and the Ministry of finance, and forward it to the Executive Body, for inclusion in the General budget of the State."
Article 2.-reforming the second paragraph of article 6, as well: "will be up to the President and judges the exercise of such functions; the premises of the Court will be under his leadership, in accordance with this law, respective regulations and its General or special instructions.
All decisions of the Court, to be valid, must be adopted by most of the proprietary high courts or whoever does their times, except where the law provides something different. @ Article 3.-reforming article 7 by the following: "the President and the judges of the Court shall appoint, removed, licences shall be granted and accepted resignations to officers and employees of the same; You can also hire temporarily, professionals or technicians with specialized knowledge to perform specific tasks or support functions of the Court. The above-mentioned decisions shall be adopted by majority."
Article 4.-reforming article 8, thus: "(Atribuciones deel Presidente Art. 8.-Corresponde ael Presidente de la Corte: 1) legally represent the Court and delegated by agreement of the majority when the circumstances so require it, judges and other officials;"
(2) deposit its functions in any of the judges for any reason; (y, 3) the other powers assigned to it by this law or other laws. "
Legislative Assembly - Republic of EL SALVADOR index legislation 3 article 5.-be inserted between articles 8 and 9, article 8-A, thus: AOrganismo of direction of the Court of accounts of the Republic article 8-A.-corresponds to the Court: 1) knowing and judging administrative and financial operations of institutions and bodies subject to the Act;
(2) set up by the judgement of accounts, administrative or economic, or both responsibilities where appropriate;
(3) formulating policies of selection, training, compensation and other relevant staff of the Court, on the basis of the respective regulations;
(4) exercise administrative functions on the basis of the respective regulations;
(5) contract services audit or consulting on any matter relevant to their functions, in order to comply to the provisions of article 5, to paragraph 6 of this law;
(6) inform immediately through the official is designated to the Prosecutor General of the Republic, of the possible criminal offences that can be seen because of the exercise of the powers of the Court.
(7) to approve staff rules, which will contain among others, the duties, rights and powers, benefits, job evaluation and a career plan for income, tenure and promotion of the servants of the Court; and, 8) endorse the acts and contracts relating to public debt.

The abovementioned decisions must be taken with majority."
Article 6.-reform subsection first article 45, thus:

"Article 45.-La Corte, their special representatives and the Government Auditors thereof, will have unrestricted access to records, files and documents that support the information and even the operations itself, that the nature of the audit requires it."
Article 7.-reforming article 46, thus: "article 46.-audit reports will be signed by officials of the Court, that the regulations and standards that determine." The Court will have the attribution of inform by written to the President of the Republic, to the Assembly legislative, and to them respective upper hierarchical, of them irregularities relevant proven to any official or employee public in the management of Assembly Legislative-Republic of EL SALVADOR index legislative 4 goods and funds subject to control. These reports will have a public character, which must be placed in the web page of the Court or any other electronic means, so that they can be known by anyone."
Article 8.-reforming the second paragraph of article 62, thus: "when the operations of a person who has handled public funds and as he pursues no office by resignation or any other cause. The Court will notify you of the diligence. When the server has died and there are heirs, the notifications shall be made to these."
Article 9.-reforming the fourth subparagraph of article 64, thus: "audit reports where not any findings or observations, shall be sent to the unit the organic functional regulations established that previous analysis, draft resolution exonerating acting officials, which will be signed by the President of the Court or whoever does their times."
Article 10.-reforming subsection first article 93, as well: "article 93.-will be up to the Court, deliver enforceable in the trials of accounts and extending settlements." Article 11.-repeal repeal articles 12, 39, first paragraph, 53 and 56 of the aforementioned law.
Article 12.-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, 24 days of the month of November in the year two thousand and sixteen.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, PRESIDENT. LORRAINE GUADALUPE PENA MENDOZA, EUGENIO DONATO VAQUERANO RIVAS, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT. JOSE FRANCISCO MERINO LÓPEZ, RODRIGO AVILA-AVILES, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT. SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
ASSEMBLY LEGISLATIVE - REPUBLIC OF EL SALVADOR INDEX LEGISLATIVE 5 GUILLERMO FRANCISCO MATA BENNETT, RENE ALFREDO PORTILLO BLOCK, FIRST SECRETARY. SECOND SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY. JACKELINE NOEMI RIVERA AVALOS, SILVIA ESTELA OSTORGA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT. RIGOBERTO MANUEL SOTO LAZO, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, thirteen days of the month of December of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic. Ramon Aristides Valencia Arana, Minister of the Interior and Territorial Development. D. o. N1 233 Tomo N1 413 date: December 14, 2016 SV/geg 16-01B2017

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