53. On August 12, 1999, the Constituent Assembly declared “the reorganization of all government bodies” due to the “grave political, economic, social, moral and institutional crisis.”42 54. On August 19, 1999, the Constituent Assembly, by the Decree on the Reorganization of the Judiciary and the Penitentiary System (hereinafter “the Reorganization Decree”), established a Judicial Emergency Commission (hereinafter “the Emergency Commission”).43 The Commission’s attributes included “preparation of the national plan for the evaluation and selection of judges, organization of the selection process for judges through competitive examinations for posts for all the courts and judicial circuits, and designation of the corresponding selection panels.”44 In addition, the decree established that the posts that became vacant would be filled by “the respective substitute or alternate judges, or at the discretion of the Commission, until the competitive examinations have been held; [and that i]n special cases the Emergency Judicial Commission could appoint [them, provided they] complied with the requirements established for judges pro tempore45 The said decree “eliminated the stability established by law for the judges in place, who could compete in the competitive examinations to be held to fill their posts.”46 55. According to the Reorganization Decree, “the Constituent Assembly’s declaration of a judicial emergency would be in force until the new Constitution of Venezuela was adopted.”47 1.1.3. Constitution of the Bolivarian Republic of Venezuela 56. The Constitution of the Bolivarian Republic of Venezuela (hereinafter “the Constitution”), proclaimed by the Constituent Assembly on December 20, 1999,48 established that the entry into a judicial career would be through competitive examinations. In addition, according to the Constitution, the Supreme Court of Justice (hereinafter “the SCJ”) would create an Executive Directorate of the Judiciary to direct, regulate and administer the Judiciary, as well as to inspect and supervise the Republic’s courts and public defenders. It also established that the judicial disciplinary jurisdiction would be the responsibility of the disciplinary tribunals determined by law. The disciplinary regime would be organized on the basis of the Ethics Code for Venezuelan Judges, which would be enacted by the National Assembly.49 According to one of the transitory provisions of the Constitution, within the first year of its installation, the National Assembly would 42 Cf. Decree on the reorganization of all government bodies issued by the National Constituent Assembly on August 12, 1999, published in Official Gazette No. 36,764 of August 13, 1999 (file of attachments to the application, volume I, attachment 1, folios 52 and 54). 43 Cf. Article 2 of the Decree on the Reorganization of the Judiciary and the Penitentiary System, issued by the Constituent Assembly on August 19, 1999, published in Official Gazette No. 36,805 of October 11, 1999 (file of attachments to the application, volume I, attachment 2, folios 55 to 62). 44 Article 3(5)(a) of the Decree on the Reorganization of the Judiciary and the Penitentiary System, supra note 43, folio 57. 45 Article 8 of the Decree on the Reorganization of the Judiciary and the Penitentiary System, supra note 43, folio 58. 46 Article 12 of the Decree on the Reorganization of the Judiciary and the Penitentiary System, supra note 43, folio 59. 47 Article 32 of the Decree on the Reorganization of the Judiciary and the Penitentiary System, supra note 43, folio 62. 48 Cf. 1999 Constitution of the Bolivarian Republic of Venezuela, published in Official Gazette No. 5,453 of March 24, 2000 (file of attachments to the answer to the application, volume IV, attachment 4, folios 1609 to 1655). 49 Cf. Article 267 of the Constitution, supra note 48, folio 1644. 17