2.
Facts in relation to Mrs. Chocrón Chocrón
2.1.
Authority of the Judicial Commission to annul the appointment of judges
72.
The Judicial Commission was created by the Supreme Court of Justice on
August 2, 2000, by means of the Regulations for the Direction, Governance and
Administration of the Judiciary. With the creation of this body, the Operation and
Restructuring Commission ceased its administrative functions and only remained
responsible for disciplinary functions, while the corresponding disciplinary tribunals
were being established (supra para. 61).
73.
The SCJ Judicial Commission was created “in order to exercise, by
delegation, the functions of control and supervision of the Judiciary’s Executive
Directorate and other functions established” in the said Direction, Governance and
Administration Regulations86 (supra para. 62). According to article 26 of these
regulations, the Commission comprises six magistrates representing each of the
Supreme Court’s Chambers.87 In turn, article 28 of the Regulations for the
Direction, Governance and Administration of the Judiciary establishes that the
Judicial Commission will have the following powers, among others:
a. To approve the regulations issued by the Judiciary’s Executive Directorate.
b. To propose to the Plenum the appointment and removal of the three Directors who
compose the Steering Committee of the Judiciary’s Executive Directorate.
c. To appoint and replace the Coordinator of the Steering Committee of the Judiciary’s
Executive Directorate.
d. To propose to the Plenum the policies that the Judiciary’s Executive Directorate should
follow and ensure compliance.
e. To submit the draft regular and special budgets of the Judiciary to the Plenum for
discussion and approval.
f.
To keep the Plenum informed periodically on its actions and those of the Judiciary’s
Executive Directorate.
g. To evaluate, at least on a quarterly basis, the reports presented by the Steering Committee
of the Judiciary’s Executive Directorate on the results of its work.
h. To propose to the Plenum the regulations for the organization and operation of the General
Inspectorate of Courts, the Public Defense Service, and the Judicial School.
i.
To monitor the General Inspectorate of Courts, the Public Defense Service and the Judicial
School.
j.
To propose to the Plenum the candidates for the post of Inspector General of Courts and
his or her deputy. It may also propose their removal.
k. To propose to the Plenum the candidates for the post of Director of the Public Defense
Service and his or her deputy. It may also propose their removal.
l.
To propose to the Plenum the candidates for the post of Director of the Judicial School. It
may also propose his or her removal.”88
86
Article 2 of the Regulations for the Direction, Governance and Administration of the Judiciary,
supra note 60, folio 133.
87
Cf. Article 26 of the Regulations for the Direction, Governance and Administration of the
Judiciary, supra note 60, folio 137.
88
The internal rules of procedure of the Supreme Court of Justice also establish specific functions
for the Judicial Commission, namely: “[t]o approve the regulations issued by the Judiciary’s Executive
Directorate. To submit to the consideration of the Plenum the policies that the Judiciary’s Executive
Directorate should follow and ensure compliance”; “[t]o submit the draft budgets for the Judiciary’s
Executive Directorate to the Plenum for discussion and approval”; “[t]o keep the Plenum informed
periodically on its actions and those of the Judiciary’s Executive Directorate”; “[t]o evaluate, at least on
a quarterly basis, the reports provided by the Judiciary’s Executive Directorate on the results of its
work”; “[t]o propose to the Plenum the regulations for the organization and operation of the General
Inspectorate of Courts, the Public Defense Service and the Judicial School,” and “[t]o submit to the
consideration of the Plenum the policies on the reorganization of the Judiciary and their norms.” Cf.
Article 79 of the Internal Rules of Procedure of the Supreme Court of Justice, supra note 23. In 2009,
the Judicial Commission’s competence to fill vacancies arising from the institutional evaluation of all the
judges during the Judiciary’s comprehensive restructuring process was confirmed. Subsequently, those
posts had to be ratified by the Plenum of the Supreme Court of Justice. Cf. Decision No. 2009-0008 of
the Supreme Court of Justice, supra note 70, folios 1402 and 1403.
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