Agrarian Court Organic Law

Original Language Title: Ley Orgánica de los Tribunales Agrarios

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Organic Law of the Agrarian Courts

ORGANIC LAW OF THE AGRICULTURAL COURTS

Official Journal of the Federation February 26, 1992

Last reform published in the DOF on January 23, 1998

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants known:

That the H. Congress of the Union has been used to address the following

D E C R E T O

" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

ORGANIC LAW OF AGRICULTURAL COURTS.

FIRST CHAPTER

General Provisions

Article 1o.- The agrarian courts are the federal organs endowed with full jurisdiction and autonomy to dictate their rulings, to which it corresponds, in the terms of the Article 27 of the Political Constitution of the United Mexican States, the administration of agrarian justice throughout the national territory.

Article 2o.- The agrarian courts are composed of:

I.- The Agricultural High Court, and

II.- The agricultural unit courts.

Article 3o.- The Agricultural Superior Court is composed of five number of judges, one of whom will preside.

The High Court will be based in the Federal District.

The unit courts will be in charge of a numerary magistrate.

There will be supernumerary magistrates, who will supply the headlines. One for the High Court and the number available to the Rules for Unit Courts.

Article 4o.- The President of the Agrarian High Court, will be appointed by the Court itself, will last for three years and may be re-elected.

The President of the High Court will be replaced in his absences by the magistrate appointed by the High Court itself.

Article 5o.- For the purposes of this law, the territory of the Republic shall be divided into districts, the territorial limits of which shall be determined by the High Court of Agrarian modify at any time.

For each of the referred districts there will be the number of unit courts to be determined by the High Court itself.

Article 6o.- As not expressly provided for in this law, it will be applied in an extra way in accordance with the nature of the agrarian courts, the Organic Law of Power Judicial of the Federation.

CHAPTER SECOND

From The Agricultural High Court

Article 7o.- The Agricultural High Court will take its resolutions by unanimity or majority of votes. In order for it to be validly biased, the presence of at least three judges, among which the President should be, will be required. The latter will have a quality vote in case of a tie.

Article 8o.- They are attributions of the High Court of Agrarian:

I.- Set the territorial number and boundary of the districts in which the territory of the Republic is divided for the purposes of this Law;

II.- Establish the number and headquarters of the unit courts that will exist in each of the districts. Determinations of this nature shall be published in the Official Journal of the Federation. In addition, where appropriate, it may authorise the courts to administer justice in the places and in accordance with the programme which has been previously established;

III.- Resolve the resignations of the magistrates and grant them licenses for up to one month with pay, provided there is justified cause and no harm is done. operation of the court, and for up to three months without pay. In exceptional cases, the High Court may grant unpaid leave for longer periods of time;

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IV.- Determine when the supernumerary of the High Court must fill in the absence of any magistrate and, as far as the unit courts are concerned, which of the supernumeraries shall supply the missing magistrate; in cases where the absence does not exceed 15 days, the High Court may authorise the secretary of agreements attached to the unitary court to be heard;

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V.- To elect the President of the High Court from among the magistrates who form him, and to determine the responsibilities he incurs in the performance of his office;

VI.- Set and change the membership of the magistrates of the unit courts;

VII.- To appoint the secretaries, actuaries and experts of the agricultural courts, to cease them, to suspend them in their duties, to accept their resignations, to change them of the membership and to resolve all the issues related to these appointments; grant them licenses in the terms of the applicable legal provisions, subject to the opinion of the magistrate to whom they are attached;

VIII.- Approve the annual preliminary draft budget;

IX.- To know of complaints or complaints that are filed against members of the agricultural courts and to determine the administrative penalties to be applied in the event of any liability to be determined;

X.- Approve the Rules of Procedure of the Agricultural Courts, as well as the other regulations and provisions necessary for their proper functioning, and

XI.- The other attributions entrusted to you by this and other laws.

Article 9o.- The Agricultural High Court will be competent to know:

I.- Of the review appeal against judgments handed down by the unit courts, in judgments relating to conflicts of land limits raised between two or more ejido or communal population cores, or concerning limits of the land of one or more population centres with one or more small owners, companies or associations;

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II.- The review facility for judgments of the unitary courts concerning the restitution of land from ejido or communal population cores;

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III.- The review facility for judgments handed down in nullity judgments against resolutions issued by agricultural authorities;

IV.- Of competition conflicts between the unit courts;

V.- The establishment of case law, for which it will require five sentences in the same way not interrupted by another, approved by at least four magistrates.

To interrupt the case law, four magistrates will be required to vote and express the reasons for the interruption.

addition, the High Court will decide which thesis to be observed, when different unit courts will support contradictory arguments in their judgments, which will also constitute case-law, without the resolution being It will affect the specific legal situations arising from judgments given in the judgments in which the contradiction occurred.

The case law established by the Agrarian Superior Court will be mandatory for the unitary courts from its publication in the Judicial Bulletin Agriculture;

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VI.- Of the impediments and excuses of the magistrates, both the High Court and the unitary courts;

VII.- To know of the excitable of justice when the magistrates of the High Court itself do not formulate their projects or the magistrates of the unitary courts do not respond within the established deadlines; and

VIII.- Of the other matters expressly entrusted to you by the laws.

It will be up to the rapporteur magistrate to instruct the procedure and to formulate the final draft resolution for submission to the approval of the High Court.

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Article 10o.- The High Court will be able to hear from the agrarian trials that because of its special characteristics they merit it. This power shall be exercised at the discretion of the Court, either on its own initiative or at the request of the Agrarian Prosecutor.

Article 11.- Corresponds to the President of the Agricultural Superior Court:

I.- To deal with the administrative matters of the High Court's jurisdiction;

II.- Authorize in union with the Secretary-General of Agreements, the minutes containing the deliberations and agreements of the High Court, and sign the engreses of the decisions of the Court itself;

III.- Turnar among the magistrates the matters of the jurisdiction of the Court, when it deems necessary to hear its opinion, to agree some procedure or to formulate the draft resolution that must be discussed by the Tribunal;

IV.- Dictate the necessary measures for the proper organization and operation of the courts, as well as for the same effects as necessary, and establish the necessary computer systems to preserve the archives of the courts;

V.- Commission supernumerary magistrates for the practice of visits to the unit courts in accordance with the provisions of the High Court;

VI.- Appoint auxiliary secretaries of the Presidency;

VII.- Take the representation of the Tribunal;

VIII.- Chair the sessions and lead the discussions at the High Court sessions;

IX.- Communicate to the Federal Executive the absences of the magistrates to be replaced by appointment;

X.- Formulate and arrange for the exercise of the budget of the agricultural courts;

XI.- Appoint the public servants of the High Court, whose appointment does not correspond to the Court itself, as well as change them from membership and remove them under the Law;

XII.- Carry lists of excuses, impediments, inpowers and, substitutions, which will be available to those interested in the corresponding General Secretariat of Agreements; and

XIII.- The others assigned to you by the Court's Rules of Procedure.

THIRD CHAPTER

Of The Magistrates

Article 12.- To be a magistrate the following requirements must be met:

I.- Being a Mexican citizen by birth who does not acquire another nationality and be in full enjoyment of his civil and political rights, as well as having at least thirty years on the day of its designation;

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II.- Be licensed in law with a duly registered title, issued at least five years before the date of the designation;

III.- Check for a minimum professional practice of five years; and

IV.- Enjoy good reputation and not have been convicted of intentional crime that warrants custodial sentence.

Article 13.- The withdrawal of the magistrates will occur when they are seventy-five years of age or because of physical or mental incapacity to perform the job.

Article 14.- The emoluments of the magistrates may not be reduced during the exercise of their office.

CHAPTER FOURTH

From the Designation of Magistrates

Article 15.- The magistrates will be appointed by the Senate and, in the recesses of the House of Representatives by the Permanent Commission of the Congress of the Union, on a proposal from the President of the the Republic.

El Salvador] The President of the Republic will propose a list of candidates, of which the Senate or the Permanent Commission will have to elect the judges.

Article 16.- Received the proposal of the Federal Executive, the Chamber of Senators or the Permanent Commission in their case, it will have to resolve in the terms of the legal and regulatory provisions applicable or through a procedure which they agree to.

In case the designation of the required number of magistrates is not approved, the Federal Executive will send another list to complete the required number.

Article 17.- The magistrates will surrender their protest to the Senate or the Permanent Commission, they will last for six years. If the term 'ratified' is concluded, they shall be immovable.

The magistrates may only be removed in case of serious misconduct in the performance of their position, in accordance with the procedure applicable to the officials of the judicial branch of the Federation.

CHAPTER QUINTO

Of Unitarian Courts

Article 18.- The unit courts will, for the reason of the territory, know about the disputes that arise in relation to lands within their jurisdiction, in accordance with the competence conferred upon them by this Article.

Unit courts will be competent to know:

I.- Of land boundary controversies between two or more ejidal or communal population cores, and these with small owners, societies, or associations;

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II.- Of the restitution of lands, forests and waters to the population centers or their members, against acts of administrative or jurisdictional authorities, outside of judgment, or against acts of individuals;

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III.- The recognition of the communal regime;

IV.- For annulment judgments against decisions given by the agricultural authorities which alter, modify or extingan entitlement or determine the existence of an obligation;

V.- Of conflicts related to the tenure of communal and ejido lands;

VI.- Of disputes in agricultural matters between ejidatarios, comuneros, possesionaries or loanees; as well as those that arise between them and the organs of the population nucleus;

VII.- Controversies regarding the succession of communal and ejido rights;

VIII.- Of the nullity provided for in Article 27, fractions VIII and IX of the Political Constitution of the United Mexican States in agricultural matters, as well as those resulting from acts or contracts that contravene the agrarian laws;

IX.- Of the omissions in which the Agrarian Attorney's Office incurs and which damages ejidatarios, comuneros, successors of ejidatarios or comuneros, ejidos, communities, small owners, and agricultural laborers, in order to provide necessary to be effective and immediately remedied;

X.- Of the business of voluntary jurisdiction in agricultural matters; and

XI.- Of disputes relating to contracts for the association or use of ejido land, as referred to in Article 45 of the Agrarian Law;

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XII.- The reversal referred to in Article 97 of the Agrarian Law;

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XIII.- Of the implementation of the conventions referred to in Article 185 (VI) of the Agrarian Law, as well as the execution of arbitration awards in agricultural matters, prior to determination that they are attached to the applicable legal provisions; and

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XIV.- Of other matters that determine the laws.

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CHAPTER SIXTH

From the General Secretary of Agreements and other Public Servers

Article 19.- The Secretary General of Agreements of the Agricultural Superior Court shall meet the requirements referred to in Article 12 of this Law.

Article 20.- The agreement secretaries of the unit courts shall meet the requirements referred to in Article 12. As a result of the seniority of the title and the time of professional practice, it will be possible to dispense in the event that the applicant accredits with public documents that he has held a similar position in some court for at least three years.

Article 21.- The agreement secretaries shall be the immediate heads of the office in the administrative order, and shall direct the work of the office in accordance with the instructions and Judge's determinations.

Article 22.- They are the privileges of the Secretary-General of Agreements of the Agricultural Superior Court and the secretaries of agreements of the unitary courts:

I.- Give the President of the High Court or the magistrate, respectively, on a daily basis, under his responsibility and within twenty-four hours of his presentation, of all writings, promotions, trades and other documents to be received;

II.- Authorize the dispatches, exhorts, minutes, proceedings, orders and all manner of resolutions to be issued, to settle, to practice or to dictate;

III.- Assay in the files the certifications relating to test terms and the other reasons that point to the law or are ordered. For these purposes and for all the functions of his office, as well as for the agricultural acts provided for in the relevant law, they shall have public faith;

IV.- Attend to the measures of evidence to be drowned;

V.- Exorder certified copies to be given to the parties, subject to the agreement of the relevant court;

VI.- Take care that the files are properly foliated by adding each of the sheets, sealing the performances, trades and other documents that require it, by signing those in the center of the document;

VII.- Save in the court's secret the actions and documents, where the law so provides;

VIII.- Formulate the inventory of files and keep them in their power while they are not sent to the file;

IX.- Provide interested parties with the files in which they are part and request to be informed of their status, to take notes or for any other legal effect, provided that it is in their presence and without extracting the Office performances;

x.- Return to the parties, upon agreement, the car constances in the cases where the law provides;

XI.- Notify the court, personally, to the parties in the judgments or matters that are aired before it, and to perform, in urgent cases, personal notifications when required;

XII.- Order and monitor that the cases and correspondence of the court are issued without delay, whether it relates to judicial business of the court or to the failure of the trades to be carried out in the respective determinations, given in the files; and

XIII.- Perform all other functions that the law determines.

in addition, the Secretary-General of the Agreements is responsible for taking the turn of the rapporteurs and giving them the files to instruct the procedure and to formulate the draft appropriate resolution.

Article 23.- The actuaries must have a law degree in law issued by competent authority.

Article 24.- The actuaries will have the following obligations:

I.- Receive the action taken, and practice the notices and proceedings ordered by the courts.

II.- Return the actions, previous the corresponding annotations; and

III.- Take the book in which the steps and notifications that you carry out are taken daily.

Article 25.- The experts attached to the tribunal shall be required to give an opinion in the judgments and cases in which they are appointed for this purpose, as well as to advise the magistrates when they request it.

Article 26.- The labor relations of the base public servants of the agrarian courts shall be governed by the provisions of the Federal Law of Workers to the Service of the State, Regulation (B) of Article 123 of the Constitutional Treaty.

They are trusted workers: the Secretary General of Agreements and those of study and account of the Agricultural Superior Court; the secretaries of agreements and of study and account of the unit courts; the actuaries, experts, the heads of the units of support for the judicial function and other public servants who perform the functions referred to in Article 5o (II). of the law cited in the preceding paragraph. The secretaries of agreements, study and account, actuaries and experts of the unit courts, and other categories of public servants to be determined by the Agricultural Superior Court, shall be appointed by means of a contest.

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CHAPTER SEVENTH

Impediments and Excuses

Article 27.- The magistrates and the secretaries of agreements of the agrarian courts will be prevented to know the cases in which one of the intended causes is present Article 82 of the Organic Law of the Judicial Branch of the Federation.

Article 28.- The magistrates and secretaries of agreements are not recused, but they have a duty to excuse themselves from the knowledge of the matters in which there is one of the impediments. provided in the terms of the previous article, and must express the one in which they are merged.

When the magistrate or secretary is not excused or excused without legitimate cause, either party may complain to the High Court. If the complaint is justified, the complaint will be imposed.

During the processing of the excuse of the magistrates of the unit courts, the secretary of agreements of the tribunal itself will know about the matter.

Article 29.- The magistrates, secretaries of agreements and actuaries shall be prevented from carrying out any other public or private office or employment, except for those of a character teacher. They will also be prevented from exercising their profession, except in their own right.

CHAPTER EIGHTH

Of Responsibilities

Article 30.- The magistrates of the agrarian courts and other public servants of the latter are responsible for the faults they commit in the exercise of their positions and are left to this is subject to the penalties laid down by the Federal Law on Public Servants ' Responsibilities, in accordance with the procedure laid down in the Regulation issued by the High Court.

The penalties for the misconduct of the judges of the agrarian courts and the public servants of the High Court will be enforced by the Superior Court itself.

The sanctions for the failures of the public servants of the unit courts will be enforced by the magistrates of the courts themselves.

T R A N S I T O R I O S

FIRST.- This Law shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.- The Agricultural High Court shall be constituted within 30 working days of the date of entry into force of this Law.

THIRD.- Within three months of the date on which the High Court is established, the rules of procedure of the agricultural courts shall be issued and the number and territorial jurisdiction of the districts in which the Court is divided shall be determined. territory of the Republic for the purposes of this Law, in order for the Federal Executive to propose to the Chamber of Senators or, to the Permanent Commission, as appropriate, a list of candidates for magistrates of the courts.

FOURTH.- In relation to the matters referred to in the first paragraph of the third transitional article of the Decree for which Article 27 of the Political Constitution of the United Mexican States was reformed, published in the Official Journal of the On 6 January 1992, which are currently in the process, pending final resolution, they will be put in a state of resolution and the files duly integrated to the Agricultural High Court will be taken over once it enters into force. functions, so that, in turn:

I.- Turne to the unit courts for resolution, according to its territorial jurisdiction, matters relating to restitution, recognition and titling of communal goods; or

II.- Resolve matters relating to the extension or allocation of land, forests and water, as well as the creation of new population centres.

If, in the case of the High Court or the unit courts, the hearing guarantee has not been observed in the files received, this deficiency will be remedied before the court itself. court.

QUINTO.- the files of the proceedings for suspension, deprivation of agricultural rights or of disputes arising out of the present proceedings, shall be duly integrated into the Court of Justice. Superior Agrarian once he/she is in office, so that in his/her opportunity they take turns for their resolution to the unitary courts, according to their territorial competence.

Mexico, D. F., on February 23, 1992.-Sen. Victor Manuel Tinoco Rubi, President.-Dip. Maria Esther Scherman Leano, President.-Sen. Antonio Melgar Aranda, Secretary.-Dip. Fernando Ordorica Pérez, Secretary.-Rubicas. "

In compliance with the provisions of Part I of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby issue this Decree, at the residence of the Federal Executive, in Mexico City, Federal District at the twenty-three day of the month of February of a thousand nine hundred and ninety-two.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, Fernando Gutiérrez Barrios.- Heading.