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.

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