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disciplinary functions, while the legislation is issued and the corresponding
disciplinary courts are created.105
vi) Organic Law of the TSJ
94. On May 20, 2006 the Organic Law of the TSJ came into force. The National
Assembly issued the same on May 18, 2004. 106 The Organic Law ordered the
reorganization and restructuring of the Executive Office of the Magistracy 107 and
established that the CFRSJ would only be in charge of disciplinary duties, while the
legislation was issued and the corresponding disciplinary courts were created.108
vii) Regulations for the Evaluation and Tenders for the Acceptance into and
Promotion within a Judicial Career
95.
On July 6, 2005 the Full Chamber of the TSJ adopted the “Regulations for the
Evaluation and Competitive Tender for the Acceptance into and Promotion within the
Judicial Career” (hereinafter “NEC”). 109 These regulations “seek to regulate the
entrance, promotion, and continuance within the judicial career, through public
competitive tenders and performance evaluations,” according to that established by
Article 255 of the Constitution. The NEC regulates public competitive tenders in order
for any attorney that fulfills the requirements established in those regulations to
enter the Judicial Power.110 Said tenders consist of two stages: the “Initial Formation
Program” (hereinafter “PFI”) and the “Knowledge exam” performed on those
participants that pass the PFI. 111 Additionally, the NEC regulates, among its
transitory stipulations, the “Special Program for the Regularization of the
105
Cf. Article 30 of the Regulations on the Management, Government, and Administration of the
Judicial Power, supra note 104, folio 996.
106
Cf. Organic Law of the TSJ issued by the National Assembly on May 18, 2004 published in the
Official Gazette No. 37,942 of May 20, 2004 (dossier of annexes to the brief of pleadings and motions,
Volume I, annex E, folios 576 to 598).
107
Cf. transitory and final derogative stipulation (a) of the Organic Law of the TSJ, supra note 106,
folio 597.
108
Cf. transitory and final derogative stipulation (e) of the Organic Law of the TSJ, supra note 106,
folio 597.
109
Cf. Regulations on the Evaluation and Public Competitive Tender for the Acceptance and
Promotion within the Judicial Career, issued by the Full Chamber of the TSJ on July 6, 2005, published in
the Official Gazette No. 38,282 of September 28, 2005 (dossier of annexes to the brief of pleadings and
motions, Volume I, annex H, folios 615 through 628).
110
Article 7 of the NEC establishes that in order to enter the Judicial Career, the following
requirements shall be met: 1. Venezuelan nationality. 2. Degree from Law School issued by a Venezuelan
university or a foreign university, duly revalidated for the exercise of the profession. 3. Be duly accepted
in the corresponding Bar Association and in the Institute of Social Precaution for Attorneys, and present
the corresponding solvency. 4. Have graduated at least three (3) years ago and have experience in the
profession. 5. Be in the free exercise of their civil and political rights. 6. Impeccable behavior and a wellacknowledged morality. 7. Assume the commitment to abstain from performing political, partisan, and
union activism and not be affiliated to political parties when assuming the position. 8. Authorize the
periodic investigation of assets. 9. Presentation of the Tax Declaration of the prior tax period. 10.
Presentation of the last sworn statement of assets, in the event of having previously occupied a public
position. 11. Have abilities in the operation of computer means. 12. Have been declared fit in the medical
and psychological evaluation, and 13. Pass the Public Competitive Examination. When formalizing the
registration, those aspiring for the position shall enclose the documents that prove compliance with the
requirements necessary to enter. Cf. NEC, supra note 109, folios 615 through 628.
111
Cf. NEC, supra note 109, folio 616.