approve, inter alia, “the legislation on the judicial system.”50
1.1.4. The Public Authorities Transition Regime and the Commission for the
Restructuring and Operation of the Judicial System (CFRSJ)
57.
On December 22, 1999, the Constituent Assembly decided on a Public
Authorities Transition Regime that would “regulate the restructuring of the public
sector in order to allow the Constitution to take effect immediately.”51
58.
According to the decree ordering this transition regime, the regime’s
provisions developed and complemented the transitory provisions established in the
Constitution52 and would be in force until the organization and operation of the
institutions established in the Constitution had been fully implemented.53
59.
Thus, the said decree created the Commission for the Restructuring and
Operation of the Judicial System (hereinafter “the CFRSJ),54 and decided that it
would take over the powers granted to the Emergency Commission.55 In addition,
until the SCJ organized the Judiciary’s Executive Directorate, “the responsibility of
regulating and administering, inspecting and supervising the courts and public
defenders,” among other matters, would be exercised by the CFRSJ.56 The
responsibility for judicial discipline, which corresponded to the disciplinary tribunals,
would be exercised by the CFRSJ until the National Assembly had enacted
legislation to establish disciplinary procedures and tribunals.57
60.
On September 29, 2000, the CFRSJ issued its rules of procedure, under
which, its powers included “[h]earing and deciding on disciplinary procedures filed
against judges” and “establishing the disciplinary regime.”58 In particular, article 23
of the CFRSJ rules of procedure established the type of sanctions that could be
imposed on judges and other judicial officials and indicated that “[t]he sanctions of
reprimand, suspension and dismissal [were] established in the Law on the Judicial
Career, the Organic Law of the Judiciary and other applicable laws.”59
1.1.5. The Judiciary’s Executive Directorate and Judicial Commission
61.
On August 2, 2000, the SCJ issued the Regulations for the Direction,
Regulation and Administration of the Judiciary, under which it created both the
Judiciary’s Executive Directorate and the Judicial Commission.60 According to these
50
Cf. Paragraph 5 of the fourth transitional provision of the Constitution, supra note 48, folio
1651.
51
Cf. Article 1 of the Decree on the Public Authorities Transition Regime of December 22, 1999,
published in Official Gazette No. 36,920 on March 28, 2000 (file of attachments to the application,
volume I, attachment 3, folios 63 to 67).
52
Cf. Article 2 of the Government Transition Regime Decree, supra note 51, folio 65.
53
Cf. Article 3 of the Government Transition Regime Decree, supra note 51, folio 65
54
Cf. Article 22 of the Government Transition Regime Decree, supra note 51, folio 66.
55
Cf. Article 26 of the Government Transition Regime Decree , supra note 51, folio 66.
56
Cf. Article 22 of the Government Transition Regime Decree, supra note 51, folio 66.
57
Cf. Article 23 of the Decree on the Public Authorities Transition Regime, supra note 51, folio 66.
58
Cf. Article 3 of the Rules of Procedure of the Commission for the Restructuring and Operation of
the Judicial System (CFRSJ), published in Official Gazette No. 37,080 of November 17, 2000 (file of
attachments to the application, volume I, attachment 4, folios 68 to 72).
59
Cf. Article 23 of the CFRSJ Rules of Procedure, supra note 58, folio 72.
60
Cf. Articles 1 and 2 of the Regulations for the Direction, Governance and Administration of the
Judiciary, issued by the Supreme Court of Justice on August 2, 2000, published in Official Gazette No.
37,014 of August 15, 2000 (file of attachments to the application, volume I, attachment 6, folio 133).
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