Rules, Selection And Incorporation Of Judicial Career In The Agrarian Courts And Staff

Original Language Title: Reglamento de Concursos, Selección e Incorporación de Personal y Carrera Jurisdiccional en los Tribunales Agrarios

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Tuesday 10 March 2015 OFFICIAL JOURNAL (First Section)

AGRARIAN HIGHER COURT

AGREEMENT 2/2015 of the High Court of Agrarian for the approval of the Regulations of Concourses, Selection and Incorporation of Personnel and Jurisdictional Career in the Agrarian Courts.

AGREEMENT 2/2015 OF THE AGRICULTURAL HIGHER COURT APPROVING THE REGULATION OF COMPETITIONS, SELECTION AND INCORPORATION OF STAFF AND JUDICIAL CAREER IN THE AGRICULTURAL COURTS.

The Agricultural Superior Court, in use of the powers conferred on it by Articles 8o, VII and X, 9o. Section VIII, 19, 20 and 26 of the Organic Law, in conjunction with Articles 5o, 48, 49, 51, and 55 of the Rules of Procedure, both of which are ordered by the Agrarian Courts; and

CONSIDERING

That the Organic Law of the Agrarian Courts, in its article 8o. Section X establishes as one of the privileges of the Agricultural Superior Court the approval of its Rules of Procedure, as well as the other regulations and provisions necessary for its proper functioning, and in the corresponding 9o. fraction VIII, as one of its powers to know the matters that the laws expressly entrust to it.

That in order to implement the professional service of judicial career in the Agrarian Courts, which will be governed by the principles of excellence, professionalism, objectivity, impartiality, independence and seniority, with the training and implementation of stimuli based on evaluations in performance and updating, to the public servants of the Agrarian Courts, professionalization as well as to regulate their income.

For the reasons set out above, the High Court of Agriculture based on the above legal precepts issues the following point:

AGREEMENT 2/2015

Approving The Regulations, Selection and Incorporation of Personnel and Jurisdictional Career in the Agrarian Courts

ARTICLE 1.- This Regulation aims to implement a professional judicial career service in the Agrarian Courts, which shall be governed by the principles of excellence, professionalism, objectivity, impartiality, independence and seniority, through the training and implementation of a stimulus system based on evaluations in the performance and updating of public officials, achieving greater professionalization of the public servants of the Agrarian Courts.

In the same way, it is intended to regulate the entry into the categories of Secretaries of Agreements, Secretaries of Study and Account, Notifying Actuaries, Actuaries Executors, Heads of Legal Units, Heads of Register, Follow-up and Archive Units, Heads of Administrative Unit and Head of Unit of the Peasant Audience of the Agricultural Unit, Perits and Actuaries of the High Court, as well as the other categories of public servants determine the plenary of the High Court, which shall be appointed by contest.

The approval of the staff selection procedure will be a prerequisite for any of the categories mentioned.

ARTICLE 2.- To access the places referred to in the previous article, different requirements, knowledge, experience and skills must be accredited, in open or closed competition, in terms of For each case, determine the Full Court.

ARTICLE 3.- For the purposes of this Regulation, it is understood by:

I. Law: Organic Law of the Agrarian Courts;

II. High Court: Agrarian High Court;

III. Plenary: H. Full Court of Agrarian High Court.

ARTICLE 4.- In order to promote the development of the agrarian judicial career, as well as the encouragement and promotion of the judicial servants of the Agrarian Courts, the competitions to occupy some of the charges referred to in the second paragraph of Article 1. of this Regulation, shall be held upon convocation, in which any professional who meets the requirements for registration may participate.

When deemed appropriate by the High Court, after approval of the plenary session, it may decide to hold closed competitions, in which only staff who provide their services may participate in the proceedings. Agrarian Courts; in each case, the plenary will point out the minimum requirements to be accredited, as well as the categories of public servants that will be able to register, according to the place that is attended.

ARTICLE 5.- The calls based on which open competitions will be held, according to the budget availability, will be published in the Official Journal of the Federation, the Bulletin Judicial Agraria, in one of the most circulation newspapers in the country, as well as on the Internet portal of the Agrarian Courts.

Internal calls for closed competitions will be set in the strates and notices boards of the Unitarian Courts, as well as in their alternate offices, the High Court and the portal of Internet of the institution.

The calls will indicate the categories and number of vacant positions subject to competition and, where applicable, place of entry, according to the budget availability; the place, day and time when they will be carried exams, as well as the deadline and place of registration. In addition, they shall carry out a study agenda for each of the places to be attended.

ARTICLE 6.- Those interested in participating in the open and closed contests shall submit to the General Directorate of Human Resources of the General Office of the High Court, or in their defect in the Administrative Unit of any Agricultural Unit, the following documents:

I.         Certified copy of the applicant's birth certificate.

II.        A certified copy to the public notary of the title and the corresponding card.

III. Academic history or official record of the bachelor's degree.

IV. Curriculum vitae; to which you annex the constances that accredit the academic degrees of the aspirant, in his case publications of his authorship, refresher courses, specifying his percentage skill in the handling of an electronic word processor and in general additional documents that support your experience.

V.       Written no greater than three quartiles, including the applicant's explanatory statement for access to the post; and

VI. Written under protest to speak truth in which you manifest not having been convicted of intentional crime that warrants custodial sentence, not being disabled for public service and that the documentation you present is authentic.

ARTICLE 7.- The aspirants to occupy places in Agreements Secretaries, must meet the following requirements:

I. To be a Mexican citizen and to be in full exercise of his civil and political rights, as well as to be at least thirty years old when the publication of the call for the the contest to participate in.

II. Be a licensed law holder with duly registered professional qualifications, issued at least five years before the date of publication of the call for competition in the to be involved.

III. Check for a minimum professional practice of five years.

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

ARTICLE 8.- The aspirants to occupy the seats of Study and Account Secretaries must meet the following requirements:

I.         Be a Mexican citizen and be in full exercise of your civil and political rights.

II.        Be licensed in law with duly registered title and cedula, issued at least two years before the date of publication of the call for the contest to participate in.

III.       Check for a minimum professional practice of two years, and

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

ARTICLE 9.- The aspirants to occupy the seats of the Notifying Actuaries, Actuaries Executors, Agrarian Engineers, Heads of the Legal and Registration Units, Follow-up and Archive of the Unitarian Courts; Actuaries of the High Court, must meet the following requirements:

I. Being a Mexican citizen in full exercise of your civil and political rights.

II.        Be a law graduate or engineer with experience in the field of topography (in case of places of agricultural engineers and experts) with a duly registered title and corresponding professional cedula.

III. Go for good reputation and not have been convicted of intentional crime that warrants deprivation of liberty.

IV. The applicants for the above mentioned places, except those related to Jefatures, must present a license to drive a car, in force at the time of the contest.

ARTICLE 10.- The aspirants to occupy the positions of the Chief Administrative Unit, must meet the following requirements:

I.         To be a Mexican citizen in full exercise of his civil and political rights.

II. Be licensed in public accounting, business administration, and/or public administration, with duly registered title and corresponding professional cedula.

III. Go for good reputation and not have been convicted of intentional crime that warrants deprivation of liberty.

IV.      Accredit a professional practice in the public service of at least one year.

Aspiring head of the Peasant Audience, must meet the following requirements:

I.         To be a Mexican citizen in full exercise of his civil and political rights.

II.        Be licensed in law with duly registered title and corresponding professional cedula.

III.       Enjoy good reputation and not have been convicted of intentional crime that warrants custodial punishment.

When the High Court determines the designation, by contest, of public servants to occupy categories not expressly provided for in this Regulation, it will indicate the necessary requirements for the registration of the participants.

ARTICLE 11.- The persons who are selected must express in writing their consent to provide their services at the place that the plenary determines, if appropriate, on the basis of the call issued, and to change the At any time, moving to the place where they are required, as well as attending the training and updating courses the High Court has.

ARTICLE 12.- The Higher Office of the Superior Court, will collect information on the work history, integrating the file of each supporter, verifying that they credit the requirements established by the Law; have complied with them, shall be notified, at least 10 working days prior to the conduct of the examinations.

ARTICLE 13.- The plenary will decide on the integration of a jury of selection of the staff of the Agrarian Courts, for each contest, which will be formed as follows:

1. A President.-Who will be a Superior Court Magistrate.

2. Three Vocals.-They will be a Unitary Supernumerary Magistrate, a Unitary Numerary Magistrate and a third party who discretionally designate the Plenum.

3. A Secretary.-To be appointed attending to the subject matter or specialty of the contest grounds.

ARTICLE 14.- For each contest, the corresponding theoretical and practical examinations must be formulated, which shall be kept in a closed position.

The exams will be different for each category of places that are attended, taking into account the profile required for each position and will consist of two stages as follows:

1. The first stage will be formed by a theoretical examination based on multiple choice reagents on general knowledge of law, engineering or accounting, as the case may be, relative to the charge that is sought, as well as topics related to the functions of the category being attended.

Who obtain a qualification equal to or greater than eighty, shall perform a practical examination on the use of computers, in particular with respect to word processors, and another relative psychometric to the appropriate profile for each position.

Pass to the next stage the number of applicants who have earned an equal or higher score of eighty in the theoretical examination.

2. The second stage will consist of:

a) Practical examination.-Where a problem will be raised, which will deal with issues of the category to which you aspire.

b) Oral examination.-To be practiced by questions and interpellations by the members of the jury, on questions related to the function of the position that is attended and in reference to the practical case.

The chair of the jury must present to the plenary of the Agrarian High Court, the specific evaluation methodology for each of the places, and must observe the provisions of this Regulation.

ARTICLE 15.- For the assessment of the practical case, compliance with the general and specific formalities laid down by the laws, as well as the understanding of the matter in the field, will be taken into account. problem raised, taking into account the following aspects:

Considerations regarding provenance, form, and background;

Structure, order, completeness, and congruence;

Argumentation, taking into account the soundness of the reasoning in its linkage with applicable laws and jurisprudence, and

Writing.

The outcome of the oral assessment will be determined on the basis of the average rating that each member of the jury is awarded to the supporter.

ARTICLE 16.- The jury will qualify the contestants on a scale of zero to one hundred. In order for an applicant to be considered by the jury to serve in the agricultural courts, he must obtain a minimum general approval rating of eighty.

When no support reaches the minimum percentage required, the contest will be declared deserted and a new call will be issued. If it is not possible to cover all the places in the corresponding contest, they will be declared vacant and will be subject to a new contest, which will have verification within the next six months.

ARTICLE 17.- When in a closed contest, two or more sustaining qualifications obtain equal qualifications, the jury will decide who will occupy the square, based on the academic, employment and age, taking into account the results obtained during the inspection visits.

Dealing with open competitions, will be decided based on the degree and academic background of the participants, experience in jurisdictional or administrative positions, as appropriate and courses of training and, where appropriate, publications of the authorship of the support.

ARTICLE 18.- The jury shall draw up a record of the results of all examinations, on the basis of which it shall deliver a reasoned and reasoned opinion expressing the names of the persons concerned. selected, taking into account the results of all the stages of evaluation, curricular data and the background of the judicial career of each of the applicants, as well as their seniority in the Agrarian Courts, their performance, academic degree, refresher courses and/or specialisation which has been accredited by the supporter and publications of his authorship.

The opinion referred to in the preceding paragraph shall be submitted to the plenary assembly together with the proposal for membership; in order to order the issue of the corresponding appointment.

In accordance with the provisions of Article 128 of the Constitution, those who have been appointed by the Agrarian High Court, will protest in a solemn session or in front of the Magistrate of the Unit Court to which they have been assigned, in the following terms:

● " Will it protest loyally and patriotically to the charge that has been conferred upon it and to keep and keep the Political Constitution of the Mexican United States and the laws that emanate from it, looking at all for the good and prosperity of the Union and the imparting of agrarian justice in an expeditious and honest manner? "

-: "If I protest"

-: "If I didn't do it, the Nation would demand it."

ARTICLE 19.- The results of the process will be communicated in writing to the examinees and will be published in the Agrarian Judicial Bulletin, the High Court's strates, as well as in the main offices and alternate of the Unitarian Courts, the Internet portal of the institution, in the following eight working days to the conduct of the examinations. In the case of open competitions, they should also be published in the Official Journal of the Federation.

ARTICLE 20.- The third stage of the selection process will comprise a forensic practice. Once five months have elapsed since the appointment, the holder of the Tribunal to which he is assigned will issue an opinion on the performance and aptitudes of the public servant, in accordance with the guidelines determined by the High Court, such as opinion will not be binding but will be an element of assessment for the qualification and decision made by the plenum of the High Court, with respect to the permanence and definition in the square.

ARTICLE 21.- The Higher Tribunal of the High Court shall keep the documentation provided by the contestants and the results of the examinations for a period of at least one year.

In case the number of applicants who obtain an average of eighty or higher in both stages is greater than the number of places in which the contest is concerned, the applicants will be selected The best average and the remaining sustainable ones will be in order of decreasing ranking, a reserve list, in which the average obtained will be recorded.

From the list mentioned above, when there are vacancies, the General Staff will propose to the Superior Court the designation of the contestants in order of decreasing ranking, in the category that they have participated. Once the time limit has expired and the opinion referred to in the previous article has been issued, the High Court, in case it considers it, will make the final designation and point out the membership.

ARTICLE 22.- The transportation and lodging expenses that arise in connection with the transfer of the participants to the place in which the competition is held shall be borne by the contestants.

ARTICLE 23.- The selection contest resolution, as well as subsequent attachment and subsequent attachment changes, will be unappealable.

ARTICLE 24.- If during the development of the selection process or after the selection process, it was detected that some aspirant presented altered documentation, hidden information or was not truthful, will be left without effect their registration and will not be allowed to remain in the process. Where appropriate, it shall not be a matter of selection or of the issue of an appointment. In case the latter has been issued, the High Court of Agrarian shall proceed in terms of law.

ARTICLE 25.- The circumstances not provided for in this Regulation shall be resolved by the Plenary.

TRANSIENT

FIRST.- This Regulation shall enter into force on the day following that of its publication in the Official Journal of the Federation. Please post.

SECOND.- The agreement of 2/2005 approved by the plenary on April 20 of two thousand five, as well as the various Regulations of Concourses, Selection and Incorporation of Personnel and Jurisdictional Career is opened. in the Agrarian Courts, published in the Official Journal of the Federation on the fourteenth of July of two thousand eleven.

THIRD.- Those at the time of the publication of this Regulation occupy the positions of Chief of Administrative Unit or of the Peasant Audience will continue in their performance and their appointment will be of a character. of permanent, and only the vacant seats that will be generated, will be submitted to contest in terms of the applicable regulation.

Thus, by a majority of three votes, it was approved by the plenum of the Agrarian Superior Court, in session of the seventeenth day of February of two thousand fifteen, signed by the Numerical Magistrates Luis Ángel López Escutia, Maribel Concepcion Méndez de Lara, as well as the Supreme Court Magistrate Carmen Laura López Almaraz, who has the permanent absence of a Numerary Magistrate, before the Secretary General of Agreements, who authorizes and gives faith.

Judge President, Luis Angel Lopez Escutia.-Heading.-The Magistrate: Maribel Concepción Méndez de Lara, Carmen Laura López Almaraz.-Rubicas.-The Secretary General of Agreements, Jesus Anlen Lopez.-Heading.