-21- B.2 Second dismissal of Mr. Colindres Schonenberg 81. Taking into account the arguments presented, the Court will analyze a) the Legislative Assembly’s lack of jurisdiction; b) the absence of a previously established procedure; c) other alleged violations of due process and the principle of legality; d) the right to remain in office under general conditions of equality, and e) the inadequacy of domestic law. B.2.a Lack of Jurisdiction of the Legislative Assembly 82. Article 8(1) of the Convention guarantees that the decisions in which the rights of individuals are determined must be adopted by the competent authorities determined by domestic law. In the instant case, it was already mentioned that the process by which the alleged victim was dismissed needed to comply with the guarantees set out in article 8(1) (supra para. 66). Therefore, and first of all, it must be examined whether the Legislative Assembly had the power to dismiss Mr. Colindres Schonenberg. 83. As mentioned by the Constitutional Division, Salvadoran law does not include “express reasons for dismissal or removal before the end of the term [of TSE judges],119” nor does it "establish an express procedure for the dismissal of judges" from the TSE,120 or which body would be competent to do so.121 The legislation only establishes an assumption of responsibility in relation to the Legislative Assembly for cases in which a judge commits an official or ordinary crime (supra para. 23). In the instant case, there is no dispute that the dismissal of Mr. Colindres Schonenberg was not made in application of this assumption. 84. In view of the foregoing, and following the first dismissal of Mr. Colindres Schonenberg, the Constitutional Division mentioned that if the Legislative Assembly was the competent body to appoint the TSE judges, “it could perfectly be interpreted – given the political origin of the appointment–” that it also had the power to decide on their dismissal.122 85. The Court recalls that Article 8(1) expressly guarantees the right to be tried by a “competent tribunal […] previously established by law.” This means that the existence and jurisdiction of the competent tribunal derives from the law, which has been defined by the Court as the general legal norm tied to the general welfare, passed by democratically elected legislative bodies established by the Constitution, and formulated according to the procedures set forth by the constitutions of the States Parties for that purpose.123 Consequently, in a Rule of Law, only the Legislative branch is able to regulate, by means of laws, the jurisdiction of the courts124. 86. This Court notes that the decision of the Constitutional Division did not replace the duty of the State to establish, through a law issued by the legislature, a definition of which was the competent body to carry out a process to dismiss TSE judges. This legal vacuum was not filled by the Legislative Agreement that created the Special Commission to guarantee Mr. Colindres Schonenberg's right to a hearing, since, despite coming from the Legislative Assembly, it does not have the character of a general and prior law, since it was created as an ad hoc process for the specific case of Mr. Colindres Schonenberg. In addition, the objective of the Special Commission Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 365). Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 369). 121 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 369). 122 Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 369). 123 Cf. Case of Barreto Leyva v. Venezuela. Merits, Reparations, and Costs. Judgment of November 17, 2009. Series C No. 206, para. 76. 124 Cf. The expression "Laws" in Article 30 of the American Convention on Human Rights. Advisory Opinion OC6/86 of May 09, 1986. Series A No. 6, and Case of Barreto Leyva v. Venezuela. Merits, Reparations, and Costs. Judgment of November 17, 2009. Series C No. 206, para. 76. 119 120