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). 19

Seleccionar párrafo de destino3