Constitutional Law September 16, 2011 2 - Bodies Of The Judiciary

Original Language Title: Legge Costituzionale 16 settembre 2011 n.2 - Organi del Potere Giudiziario

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DRAFT CONSTITUTIONAL LAW OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following Constitutional Law approved by the Great and General Council at its meeting on 15 September 2011 by 45 votes in favor, 6 against, 1 abstention and 1 non-voting: CONSTITUTIONAL LAW 16 September 2011 Ranked # 2 BODIES OF THE JUDICIARY Art . 1 Article 2 of the Constitutional Law October 30, 2003 n. 144 is amended as follows: "Art. 2 (Organs of the judiciary) In accordance with the Constitution and the Declaration of the Rights and Fundamental Principles of San Marino order, the Judges of the Republic exercising Judiciary, carrying out institutional tasks without subordination and are responsible under the law. The Magistrates, bound by the rights and duties of holders laid down by law to guarantee the objectivity and impartiality with which they are required to perform the duties that fall to the special guarantees, economic and status provided by law and international treaty law and customary . They are organs of the jurisdiction, the judge for the third instance, the Judge of Appeal, the Law Commissioner, the Commissioner's Auditor. The judicial role in the extraordinary degree in the cases provided by law shall be assigned to the Judge of extraordinary remedies. The action of civil responsibility of judges is assigned to the competence of the judges for the action of civil liability. Judges perform all judicial duties assigned to them expressly by law. The Auditor assists the Law Commissioner in his activities; may be delegated to him or delegated, by the Law Commissioner, investigative functions in civil, criminal and administrative. To individual courts they can be assigned more judges, each of whom is guaranteed the fullness of the judicial role. The qualified law on the judicial system regulates the substitution between the same grade judges. The Prosecutor of the Treasury's Magistrate prosecutor. ". Art. 2 After the first paragraph of Article 4 of the Constitutional Law October 30, 2003 n. 144 is added the following paragraph: "On the Judge of Extraordinary Remedies expert in civil matters is responsible for the decision on the rescript of amnesty for civil cases affected by forfeiture.". Art. 3 The third paragraph of Article 5 of the Constitutional Law October 30, 2003 n. 144 is amended as follows: "On the abstention and recusal of judges for the Extraordinary Remedies and Judges for Civil Liability Action Magistrates decides the Guarantors the Constitutionality of Rules, single judge.". Art. 4 Article 8 of the Constitutional Law October 30, 2003 n. 144 is amended as follows: "Art. 8 (trade union action) The Judges of the Republic are responsible for acts committed in the performance of their duties and can be held to account by the action of the union. The power of action initiative to syndicate it to the Judicial Council, meeting in ordinary session, at least one third of the Judicial Council, meeting in plenary session, or to at least one third of the members Council Commission for Justice Affairs. The procedures relating to the activities of trade unions are established by a special ordinary law. The ruling on the action of the union is transmitted to the Magistrate concerned, the Council Committee for Affairs of Justice, Bureau of the Great and General Council and the Judicial Council in plenary that, pursuant to the decision, shall declare the disqualification from office of the magistrate, where it is established the disappearance of the essential requirements for permanence in functions, or may decide the exemption from office when it is determined that the Magistrate has compromised the trust, respect, moral estimation and professional in their power or the prestige of the administration of justice. It can be ordered by the Judicial Council in plenary session the interim suspension during the progress of the Union pending its definition. In such a case it shall be paid to the Magistrate maintenance payments the amount of which is equal to half of the pay foot fixed by law for that position. ". Art. 5 This Law shall enter into force on the fifth day following that of its legal publication. Our Residence, 16 September 2011/1711 THE CAPTAINS REGENT Maria Luisa Berti - Filippo Tamagnini THE SECRETARY OF STATE