regulations, the Judiciary’s Executive Directorate would initiate its functions on
September 1, 2000, and, on that date, the CFRSJ would cease the functions that
corresponded to the extinct Judiciary Council and would only be in charge of
disciplinary functions while the legislation was enacted and the corresponding
disciplinary tribunals were established.61
62.
The SCJ Judicial Commission was created “for the purpose of exercising, by
delegation, the functions of control and supervision of the Judiciary’s Executive
Directorate and any other functions that were established”62 in the regulations for
the administration of the Judiciary. For its part, article 28 established that, in
addition to the functions delegated to it, the Judicial Commission had different
functions to support the Executive Directorate.63 As the Court will examine in detail
in a subsequent section, SCJ case law indicates that the Judicial Commission is
delegated by the Supreme Court to appoint judges of a provisional or temporary
nature and to remove them when there are no disciplinary grounds (infra paras. 67,
68 and 74 to 76).
1.1.6. The Organic Law of the Supreme Court of Justice
63.
The SCJ Organic Law, which had been decreed by the National Assembly on
May 18, 2004, entered into force on May 20, 2004.64 The Organic Law ordered the
reorganization and restructuring of the Judiciary’s Executive Directorate65 and
established that the CFRSJ would only be responsible for disciplinary functions while
legislation was being enacted and the disciplinary jurisdiction and the corresponding
disciplinary tribunals were created.66 Also, its article 6 established that one of the
powers of the SCJ is “to appoint and to swear in the judges of the Republic.”67
1.1.7. Competitive examination for entry into the judicial career and promotion and
evaluation procedures
64.
On July 6, 2005, the SCJ Plenum adopted the “Competitive Examination for
Entry into the Judicial Career and Promotion and Evaluation Procedures”
(hereinafter “NEC”),68 intended to “regulate entry, promotion and permanence in
the judicial career [of any lawyer who fulfilled the requirements established in those
61
Cf. Article 30 of the Regulations for the Direction, Governance and Administration of the
Judiciary, supra note 60, folio 138.
62
Cf. Article 2 of the Regulations for the Direction, Governance and Administration of the
Judiciary, supra note 60, folio 133.
63
Cf. Article 28 of the Regulations for the Direction, Governance and Administration of the
Judiciary, supra note 60, folios 137 and 138.
64
Cf. Organic Law of the Supreme Court of Justice (SCJ) of the Bolivarian Republic of Venezuela,
enacted by the National Assembly on May 18, 2004, published in Official Gazette No. 37,942 of May 20,
2004 (file of attachments to the pleadings and motions brief, volume I, attachment E, folios 1320 to
1351).
65
Cf. Final and transitory derogation provision (a) of the SCJ Organic Law, supra note 64, folio
1349.
66
Cf. Final and transitory derogation provision (e) of the SCJ Organic Law, supra note 64, folio
1349
67
Cf. Article 6 of the Organic Law of the Supreme Court of Justice, supra note 64, folio 1330.
68
Cf. Competitive Examination for Entry into the Judicial Career and Promotion and Evaluation
Procedures, issued by the Plenum of the SCJ on July 6, 2005, published in Official Gazette No. 38,282 of
September 28, 2005 (file of attachments to the pleadings and motions brief, volume III, folios 1386 to
1401).
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