23
in exercise[,] who could compete in the public competitive tenders that were to be
opened to cover their positions.”87
85. According to the Decree of Reorganization, the “[d]eclaration of a [j]udicial
[e]mergency” by the Constituent Assembly will be in force until the sanction of the
new Constitution of Venezuela.88
iii) Constitution of the Bolivarian Republic of Venezuela
86. The Constitution of the Bolivarian Republic of Venezuela (hereinafter “the
Constitution”), proclaimed by the Constituent Assembly on December 20, 1999, 89
stated that the entrance to a judicial career would be through public competitive
tenders (supra para. 66). Additionally, according to the Constitution, the TSJ would
create an Executive Office of the Magistracy for the management, government, and
administration of the Judicial Power, and the inspection and supervision of the courts
of the Republic and the Ombudsman Offices.90 Likewise, it stated that the judicial
disciplinary jurisdiction would correspond to the disciplinary courts determined by
law.91 The disciplinary regimen would be organized based on the Code of Ethics for
Venezuelan Judges, which would be issued by the National Assembly.92
87. According to one of the transitory stipulations of the Constitution, within the
first year as of its installation, the National Assembly would approve, inter alia, the
legislation regarding the Judicial System.93
88. In the year 2006 the Constitutional Chamber of the TSJ declared the
“unconstitutionality by legislative omission of the National Assembly […] based on
the legislative proceedings started in order to sanction the so-called Project for a
Code on Ethics and Discipline of Venezuelan Judges, prepared by that legislative
instance in the year 2003, which in the end was not enacted.”94 The expert Canova
González testified that the “disciplinary courts have not been created up to now, nor
has the Code of Ethics been issued up to now by the National Assembly, despite the
express order established by the Constitution in that sense.” 95 The State did not
present any evidence to the contrary.
iv) Regimen of Transition of the Public Power and the Commission of Operation
and Restructuring of the Judicial System (CFRSJ)
89. On December 29, 1999 the Constituent Assembly ordered a Regimen of
Transition of the Public Power, which “[would] regulate the restructuring of the Public
87
Cf. Article 12 of the Decree on the Reorganization of the Judiciary, supra note 85, folio 45.
88
Cf. Article 32 of the Decree on the Reorganization of the Judiciary, supra note 85, folio 48.
89
Cf. Constitution, supra note 56, folios 711 through 758.
90
Cf. Article 267 of the Constitution, supra note 56, folio 748.
91
Cf. Article 267 of the Constitution, supra note 56, folio 748.
92
Cf. Article 267 of the Constitution, supra note 56, folio 748.
93
Cf. fourth transitory stipulation, subparagraph 5 of the Constitution, supra note 56, folio 755.
94
Cf. judgment No. 1048 of the Constitutional Chamber of the TSJ issued on May 18, 2006 (dossier
of annexes to the final arguments of the representatives, Volume I, annex 4, folio 2834).
95
Cf. statement offered by the expert Canova González at the public hearing held before the InterAmerican Court on January 23, 2009.