El The ability to Judicial is one of the three state powers that make up the gobierno of the nation. Its function is to manage Justice, free of charge, for decide on conflicts between individuals or legal entities, in right private o public, throughout type of processes, judging and enforcing what is court. On exercise corresponds to the courts and tribunals determined by the law.
El The ability to Judicial enjoys autonomy functional, administrative and budgetary granted by the Constitution and for the Act No. 46-97, of February 18, 1997, modified by the Act No. 194-04, of July 28, 2004. The budget of the The ability to Judicial, together with the Ministry Public, will be at least 4.10% of internal income including additional income and surcharges established in the Income Budget and Act de Additional Publics.
Council of the The ability to Judicial
According to Art. 2 of the Act No. 28-11, Organic Law Council of the The ability to Judicial, this is the organ constitutional of administration y discipline of the The ability to Judicial of the Republic Dominican.
La Constitution of the Republic establishes the integration of the Council of the The ability to Judicial: a) the President of the Supreme Cutting de Justice, who will preside over it; b) a Supreme Court Judge Cutting de Justice, elected by the plenary session thereof, c) a Judge of Cutting de Appeal or on equivalent, elected by his peers, d) a Judge of First Instance or on equivalent, elected by his peers; e) a Judge of Peace or on equivalent, elected by his peers.
Powers of the Council of the The ability to Judicial
The constitutional powers of the Council of the The ability to Judicial are:
- Submit to the Supreme Court Cutting de Justice the candidates for appointment, determination of hierarchy and promotion of judges of the different courts of the The ability to Judicial, in accordance with the law;
- La administration financial and budgetary The ability to Judicial;
- Disciplinary control over judges, officials and employees of the The ability to Judicial with exception of the members of the Supreme Court Cutting de Justice;
- The application and execution of the performance evaluation instruments of judges and administrative staff that make up the The ability to Judicial;
- El transfer of the judges of the The ability to Judicial;
- The creation of administrative positions of the The ability to Judicial;
- The appointment of all officials and employees who depend on the The ability to Judicial;
- The other functions conferred by the law.
Powers of the Act organic
- Prepare and send to The ability to Executive the budget proposal Annual Pass of the The ability to Judicial, based on the fixed charges and programs presented by its different departments, as seen here the corresponding legal and regulatory standards, so that it is incorporated into the General Budget of the State;
- Prepare and approve the report Annual Pass de management of the The ability to Judicial;
- Submit to the Supreme Court Cutting de Justice the candidates for appointment, determination of hierarchy and promotion of judges of the different courts of the The ability to Judicial;
- Regulate the System de Provision of Judicial Charges, the System of the Judicial Ladder and the System of Judicial Administrative Career;
- Approve by resolution the update Annual Pass of the Judicial Ladder proposed by the Address General of Administration and Judicial Career and order its publication and mass dissemination;
- Approve annually the performance evaluation instruments of the judges of the The ability to Judicial and administrative officials and employees to be applied by the Address General of Administration and Judicial Career.
Suprema Cutting de Justice
It is the highest Tribunal existing in the Republic Dominican and is, therefore, the cabeza of the The ability to Judicial. The Supreme court it is the last Tribunal enabled to teach Justice, meaning that its rulings cannot be appealed, if carefully may eventually be reviewed by the same court Through the resource of reconsideration.
It is located in the highest place within the Company Dominican judiciary, above the courteous de Appeal, Courts of First Instance, Courts of Peace and special courts, and it is responsible for mass surveillance general administrative authority over all courts of the republic, except for the Court Superior Electoral, and the newly created Court Constitutional.
It is headquartered in Santo Domingo, capital of the Republic, in the Supreme Palace Cutting at the Heroes Center adjacent to the Congress dome National.
Composition:
It will be composed of no less than sixteen judges and may meet, deliberate and fail validly with the quorum determined by the law which establishes its Company. The Supreme Court Judges Cutting de Justice They are chosen by a Organ special called Council National From Judiciary, being the election of judges of the court its sole attribution. The Council makes the proposals for candidates for Supreme Court judges Cutting de Justice.
Requirements to be a Supreme Court Judge Cutting de Justice
Requirements to be a Supreme Court Judge court are:
1) Be Dominican or Dominican of nacimiento or origin and be more than thirty-five years old edad; 2) Be in full swing exercise of the derechos civil and political; 3) Be graduate o doctor en Law School; 4) Having exercised for at least twelve years profession de lawyer, university teaching of the right o haber played, equally tiempo, the functions of a judge within the The ability to Judicial or of representative of the Ministry PublicThese periods may accumulate.
Operation
the supreme Cutting de Justice It will be divided into three (3) Chambers that will be identified as First Camera, Second Camera and Third Camera of the Supreme Cutting de Justice. Each Camera It will be composed of five (5) judges, appointed by the full Supreme Court. Cutting de Justice, at the proposal of the latter.
La Primera Camera will competition to know and fail resources de cassation that are filed for the first time, in the matter Civil law y Commercial.
The second Camera will be competent to know and fail resources de appeal in matter penal, attributed to the Supreme Cutting de Justice, provided that they are not of those known to the latter as jurisdiction privileged. Likewise, it will have competition the second Camera to know and fail resources de cassation that are brought for the first time in the matter penal.
La Tercera Camera will be competent to know and fail resources de cassation which are brought for the first time, in land matters, labor, contentious-administrative and contentious-tax.
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