candidate elections (a) s for the Legislature to decide who will occupy the vacancies in the Supreme Court , took place on March 7. It was something really something new fruit of the peace agreements and set out in art. 186 of the Constitution. Choose 15 candidates are (a) s by a vote of the union of (a) s attorney (a) s and 15 others, the proposed directly to the Legislature, the National Judiciary Council (CNJ). This breakthrough in comparative law, however, has lost its democratic potential for a rather inadequate way the legislature to set the constitutional provision. Organic law CNJ in art. 54, states that the vote counting will be overseen by the Federation of Bar Associations of El Salvador (FEDAES) and art. 70 of Regulation of this law, the CNJ empowers the Federation to issue a "special laws" to regulate this process. Thus, FEDAES, an association of private law, has been vested with public powers by the legislature, and even worse in the CNJ Regulation granted regulatory power, something that only the Constitution or the law can do. A brief history of the Federation lucky: he was authorized as a legal person under the Civil Code in 1967, and adapted to the Law on Associations and Foundations Nonprofit, in 2001, its founding partners are the Association of Lawyers of El Salvador The Center for Legal Studies, the Association of Lawyers East, West Law Society and the Circle Bar Salvadoran, and were affiliated later: the Association of Lawyers of Sonsonate, the Ahuachapán Bar Association and Bar Association of San Salvador, many bar associations (a) s of the country wanted to join it but have found that is required by its statutes, the consensus of its eight member associations to be admitted, something practically impossible, so it is no wonder that more than forty years of existence, only three have been federated associations. Returning to the election next Saturday, only Lawyer associations (a) s "representative" candidate can apply (a) s, as mandated by the Constitution and the law, ie have at least one hundred lawyer (a) s authorized (a) s. Therefore FEDAES Regulation provides in particular, art. 16, that these partnerships must prove their legal status, submit their books to members at least a hundred members, and certification of the roster of its members issued by the President or Secretary of the entity they represent. The legal personality check it with a copy of the Official Journal in which it appears the establishment of the Association, and the certification of membership Register Nonprofit Associations and Foundations of profits, and who serves as Chairman or Secretary. This is reasonable and necessary, but could not legally prove the registration of each entity and the number of partners they have. But it is not unreasonable and grossly unfair and discriminatory against, is that these requirements do not require FEDAES its eight affiliated associations or at least we have no evidence of it because not regulated in the Regulations. The affiliated associations can nominate candidate (a) s the Court with a simple request to the Board of FEDAES they themselves choose and integrate their multiple Departments. If the rules were the same for all associations, federations and non-federal, many of the Member associations could not nominate candidates for the Court. Surely the five founding partners FEDAES and the three who joined later, with 25 counsel (a) s because this is the number that requires the statute to integrate, but do not know if they have a hundred lawyer (a) s requires art. Act 55 of the CNJ, to be "representative." But even if they had a hundred or more attorney (a) s could not legally certify at least five of them, because they have not adapted its statutes to the Law on Associations and Foundations Nonprofit, so the registry can not attest to how many members have their names, and who is the President or Secretary. According to Record sources have not yet adapted its statutes to the Law of Associations and Nonprofit Foundations, the Law Society of El Salvador, Sonsonate Bar Association, Bar Association Ahuachapán, the Bar Association of New San Salvador and the Salvadoran Circle Bar, so insurance they can not legally prove the number of attorney (a) s they have, the other three would have to see. Until we demonstrate that the affiliated associations are "representative" with a certificate of registry, have standing to file candidate (a) s to be chosen (a) s on Saturday, would otherwise be infringing. Moreover, even in the event of any (a) of this (a) s attorney (a) s is elected (a) s, the Legislature should not take it (a) s account up to prove they are "representative "something that had to do and regular FEDAES. But the unequal rules for the affiliated associations and non-federated not end with this. FEDAES required the $ 250 federated associations not to be taken into account in the electoral event and $ 100 for each of the persons nominated as candidates, although the latter also the required amount to (a) s candidate (a) s of the affiliated associations, but either in the CNJ Act or its regulations, or the "Special Regulations" of FEDAES, set this requirement. It was learned that FEDAES already received government assistance to organize the event but the money required to not federated associations has not returned. FEDAES has an ethical obligation to tell the society and the profession of lawyer (a) s, their affiliated associations who meet the legal provisions in order to present a candidate (a) s the Court and in the event that one fails or all with this provision, so should be (a) s immediately because otherwise he would have a violation of art. Act 55 of the CNJ, where they have spent or intend to spend the funds that have captured or received from the government if this has happened, and if the money they received from the Federated Associations not it be or what I used. We need a culture of transparency in strengthening democracy, the word then a substantial FEDAES whom the Salvadoran legislature has given to public and regulatory power
CNJ 
0 comments:
Post a Comment