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November 17, 2024
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They approve modification to the Law that creates the National Council of the Judiciary

Aprueban modificación a Ley que crea el Consejo Nacional de la Magistratura

He Senate of the Republic approved yesterday in second reading in an extraordinary session the project that modifies Organic Law 138-11 of the Council of the Judiciary for the purposes of adapting and regulating the selection of the Attorney General of the Republic and the deputy attorneys.

According to the report presented by the Permanent Commission on Justice and Human Rights, a new chapter will be added, which will be chapter .

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These articles establish the following:

-Art. 35.1: The Attorney General and half of the deputy attorneys will be appointed by the National Council of the Judiciary (CNM), at the proposal of the President of the Republic.

-Art. 35.2: the CNM will appoint the Attorney General and deputy attorneys for a period of two non-removable years.

-Art. 35.3: in the event that the CNM does not choose the Attorney General or some or all of the deputy attorneys proposed by the President, the process must be repeated until all vacancies are filled.

-Art. 35.4: after being evaluated by the CNM, the candidates must have a minimum of 5 favorable votes from the members present to be appointed to their respective positions.

-Art. 35.5: The CNM may appoint both the Attorney General and the deputy attorneys at the end of their term through the same selection process, except for dismissal due to impeachment.

-Art.35.6: if for any reason the Attorney General or one of his deputies is permanently absent from office, his replacements must be elected through the same appointment mechanism.

The project also modifies articles two and three of the piece. The second article, regarding the formation or integration of the CNM, which from now on, will be composed of the President of the Republic, who will preside over it and, in his absence, by the Vice President of the Republic.

While the third, according to the modifications, specifies the future functions of the National Council of the Judiciaryamong these, the appointment of the judges of the Supreme Court of Justice; of the judges of the Constitutional Court; and the judges of the Superior Electoral Court and their substitutes.

It was also approved during the session

The Organic Bill of the Superior Electoral Court was approved in first reading, which defines the institutional category and guarantees its independence and autonomy; and establishes the requirements for its members and their regime of responsibilities.

The project that modifies Law 1-24, which creates the National Intelligence Directorate (DNI) whose dependency becomes under the Armed Forces.

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