Rules Of Procedure Of The Ethics Committee Of The Federal Court Of Justice Tax And Administration

Original Language Title: Reglamento de la Comisión de Ética del Tribunal Federal de Justicia Fiscal y Administrativa

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FEDERAL COURT OF JUSTICE AND ADMINISTRATIVE JUSTICE

AGREEMENT G/3/2013 issued by the Rules of Procedure of the Ethics Committee of the Federal Court of Justice and Administration.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Federal Court of Justice and Administrative.-Full Court of Superior Court.

AGREEMENT G/3/2013

REGULATION OF THE FEDERAL COURT OF JUSTICE ETHICS COMMISSION

Based on Article 18, fraction VIII of the Organic Law of the Federal Court of Justice and Administrative Justice, the Court of Justice of the Superior Court of the Federal Court of Justice and Administrative, and

CONSIDERING

That on October 25, 2011, the Code of Ethics of the Federal Fiscal and Administrative Court of Justice was published in the Official Journal of the Federation, through which the commitment to strengthen the exercise of our functions through strict adherence to the guiding principles, values and virtues which he himself determines, such as judicial independence, impartiality, objectivity, professionalism, excellence, motivation and Foundation, vocation of service and responsibility in the use of the elements materials.

Article 12.2 of the Code of Ethics establishes the creation of the Ethics Committee of the Federal Court of Justice and Administrative Justice, consisting of two judges from the Superior Chamber and three from the Chamber of Commerce. Regional, by an Operational Secretary of Administration and by a Technical Secretary.

The creation of the Commission, as a specialized body in the field of jurisdictional ethics, constitutes the result of the effort that this Court has made to achieve the desire to overcome ethics among its To achieve judicial excellence through the study, promotion and dissemination of the principles contained in the Code of Ethics.

Thus, for the proper functioning of the Ethics Committee its regulation is necessary, which is why the following is issued:

REGULATION OF THE FEDERAL COURT OF JUSTICE ETHICS COMMISSION

FIRST CHAPTER

GENERAL PROVISIONS

Article 1. Purpose of the Regulation. The purpose of the issuance of this Regulation is to develop in detail article 12.2 of the Code of Ethics regarding the creation of the Ethics Committee of the Federal Court of Justice and Administrative Justice.

Article 2. DefinitionsFor the purposes of this Regulation of the Ethics Committee of the Federal Court of Justice and Administrative Justice:

I.-Code. The Code of Ethics of the Federal Court of Justice and Administrative Justice.

II.-Regulation. The Rules of Procedure of the Ethics Committee of the Federal Court of Justice and Administrative Justice.

III.-Court. The Federal Court of Justice and Administrative Justice.

IV.-Board of Honour. The Board of Honour of the Federal Court of Justice and Administrative Justice provided for in Article 12.1 of the Code.

V.-Commission. The Ethics Committee provided for in Article 12.2 of the Code.

VI. -Public Servant.- Any member of the Federal Court of Justice and Administrative Justice whether it performs judicial or administrative functions.

Article 3. Nature and purpose. The Commission is a specialized body in the field of jurisdictional ethics that aims, to study, to promote and to disseminate the principles contained in the Code, as well as to interpret its norms for the purpose of unifying its application criteria through advice and recommendations. Monitoring of these actions includes:

I.- The promotion and coordination of research and studies on jurisdictional ethics;

II.- The advice to the public servants who request it in the interpretation of the principles contained in the Code;

III.- The promotion and dissemination of jurisdictional ethics, and

IV.- The referral of the non-competitive queries and/or complaints or complaints to the competent bodies, such as the Government and Administration Board or the Internal Comptroller of the Court, as the case may be.

Article 4. Commission Finality. The Commission in all its actions will have the main purpose of contributing to the strengthening of the ethical awareness of the public servants who are part of the Court.

Article 5. Address of the Commission. For the purpose of making requests, notifications and any other communication, the address of the Commission will be the Insurgentes Sur 881, Cologne Naples, Mexico, Federal District, in the office where the Magistrate who has the character of the President of the Commission.

CHAPTER SECOND

OF THE COMMISSION ' S INTEGRATION AND FACULTIES

Article 6. Members. A month before the end of the term of office of the members of the Commission, an extraordinary meeting shall be convened for the purpose of the process of proposal of the new members.

Article 7. Powers of the Commission. The Commission will have the following functions:

I.- Provide advice to the Court's members regarding the interpretation of the Code;

II.- Issue pronouncement in the form of a recommendation to the requests that the Court's public servants present in about dubious situations about the ethical behavior that is required adopt;

III.- Rissue to the Board of Government and Administration and/or the Internal Comptroller of this Court, requests, complaints, or complaints, that are of their competence;

IV.- Rissue to the Honor Board those requests for advice or recommendations where there is no qualified majority of four of the members of the Commission and are matters of importance transcendental, to be decided;

V.- Provide the necessary support and promote the development of events, courses, graduates, seminars, conferences, and the promotion and dissemination of the jurisdictional Ethics;

VI.- Conduct research and form study groups on jurisdictional ethics in general or on specific topics that support the pronouncements and recommendations to be issued;

VII.- The others that derive from the Code and this Regulation.

Article 8. Replacement. In the event of death, absence, permanent incapacity or resignation of the members of the Commission, the technical secretary shall convene an extraordinary meeting for the process of the proposal of the member to replace the absent for the time who was missing from his position.

FIRST SECTION

OF THE PRESIDENT

Article 9. Functions of the President of the Commission. The President will have the following functions:

I.- Chair the Commission's ordinary and extraordinary meetings;

II.- Issue the Commission correspondence;

III.- Meet and enforce the Commission's agreements and propose programs and actions for the development of the object and activities referred to in Article 3 of this Regulation;

IV.- Provide the necessary support for the organization of the events that are carried out in order to promote and disseminate the Judicial Ethics,

V.- Receive, process, and archive the various requests, queries, or any other requests related to the functions and procedures that the Commission is aware of.

VI.- Convocation Commission meetings;

VII.- Turnar requests, queries, or requests to the members of the Commission for resolution;

VIII.- Authorize, together with the Technical Secretary, the minutes in which the deliberations, agreements and resolutions of the Commission are recorded;

IX.- Carry out the other measures that are derived from this Regulation or are entrusted to you by the Commission.

SECOND SECTION

OF THE TECHNICAL SECRETARY

Article 10. Of the requirements to be Technical Secretary. The position of the technical secretary of the Commission shall be filled by a Registrar of Agreements of the Court.

Article 11. Functions of the Technical Secretary. The technical secretary will have the following functions:

I.- Agreed with the President of the Commission, the scheduling of meetings;

II.- Call on the ordinary and extraordinary meetings of the Commission and propose the agenda;

III.- Take the attendance record, determine the quorum of the meetings, take and result from the votes, as well as control and record minutes;

IV.- Review the greases of the Commission's resolutions, formulated by the Magistrate Rapporteur, authorizing them in union with the President of the Commission;

V.- Handle and control files for open files in the Commission;

VI.- Give faith and issue certificates of the constances in the Commission's files;

VII.- The other actions deriving from this Regulation and those entrusted to it by the Commission.

THIRD CHAPTER

COMMISSION FUNCTION

Article 12. From the call to meetings. meetings of the Commission may be ordinary and extraordinary. Ordinary meetings shall be convened by the President of the Commission at the request of one of the members of the Commission. At least one week before the date of verification, the members of the Commission shall be given the order of the proposed day, which shall be voted on and, where appropriate, approved on the day of the meeting.

Extraordinary meetings of the Commission will be convened by the President of the Commission in order to de-drown requests and requests for urgent action, which need to be issued by the Commission. Commission. For these meetings, the technical secretary shall make it possible for the members of the Commission to carry out the study of the case.

Article 13. Of the quorum. In order to hold a meeting of the Commission, either this ordinary or extraordinary meeting, it will be required to present at least four of its members.

Article 14. Of the pronouncements. The pronouncements that issues the Commission may be presented in the form of advice or recommendations, without the names of the persons involved, statements that will require, at least three votes. In case of a tie, the project will be deferred for a meeting where a majority can be reached. If this is a matter of transcendental importance, it may be sent to the Board of Honour.

Article 15. Notification of the pronouncements. The Commission's be made known to those who made the request, within five working days of the day of delivery, in the manner decided by the Commission.

CHAPTER FOURTH

OF THE SERVERS BEFORE THE COMMISSION

Article 16. Advisory procedures. The Commission will provide advice to the Court's public servants around:

I. Issues to do with Jurisdictional Ethics in general;

II. The interpretation of the provisions contained in the Code.

Article 17. Request for advice. The request for advice may be submitted by any of the members of the Tribunal, before any of the members of the Commission. The request for advice must be accompanied by all the necessary elements for your effective relief.

Article 18. Processing of the advice. The President of the Commission shall take the matter of the request for advice, by sending copies of the request and of the attachments to the applicant.

The member of the Commission that corresponds, within a reasonable period of time according to the kind of advice requested and as decided by the Commission, will formulate a draft of the pronouncement that will to the Technical Secretary.

Article 19. the President of the Commission shall propose a date for the holding of an ordinary meeting, in which the members of the Commission shall be given the draft resolutions.

If the majority of the Commissioners vote yes and without major observations, the bill will become final pronouncement.

If there are dissenting considerations, and the matter cannot be voted in favor of a majority, the President of the Commission will take the matter to the Board of Honour.

Article 20. From the Commission's statement of advice. The statement of advice shall be in writing, notified in accordance with Article 15 of this Regulation and shall not be binding.

Article 21. From the Compilation of the pronouncements. The Technical Secretary will carry out the compilation and systematization of the Commission's set of pronouncements, in order to serve as precedents for the Commission. No data shall be entered in demerit of specific persons.

TRANSIENT ITEMS

FIRST. This Regulation shall enter into force on the day following its approval by the Court of Justice of the Federal Court of Justice and Administration.

SECOND.- The publication of this Regulation is ordered in the Official Journal of the Federation, which serves to ensure that the principles, rules and ethical virtues contained in the Code of Ethics of the Court and developed in this Regulation, are endogenous in nature and can only be destined to the public servants of the Court, it is also true that the cited Code as well as this Regulation, aspire to be referents of nature exogenous, that is to say propitiate the reflection between justiciables, litigants and all that to intervene in judgment.

THIRD.- The publication of this Regulation is hereby ordered on the website of this Court.

This was approved by the Superior Court of the Federal Court of Justice and Administrative Court, in a session of 24 January of two thousand thirteen, with a unanimous vote of ten in favor. They sign the Magistrate Juan Manuel Jiménez Illescas, President of the Federal Court of Justice and Administrative Justice, and the Licensed Thelma Semiramis Calva García, General Secretariat of Agreements, who gives faith.-Rubicas.

(R.-361934)