Latin American Society Council

Latin American Society Council

Preliminary notes: Fiscal priorities of the Latin American Society of our day is the strengthening of the rule of law as a core budget to achieve the atmosphere of governance that requires the development process. This task begins clear is by strengthening the administration of Justice, as essential instrument to achieve social order, the preservation of fundamental rights and civic freedoms, the coexistence of peoples and the legal certainty that investors claim Pacific. In this sense, since the end of the last decade, in particular, has been launched in Latin America a judicial reform of similar features in different countries of the region. Within this process of reform, has emerged the debate about which is the ideal model of management of the judiciary, in whose centre of discussion is the theme of the councils for the judiciary, entities that arise in the continental European system in the post-war period around the year 1950; While in the Peru its first antecedent dates back to 1968 when the military Government in 1968 created a Council for the judiciary to ensure the selection and discipline of judges. According to article 150 of the norma Peruvian normarum, the National Council of the judiciary (in forward NJC) is responsible for the selection and appointment of judges and procurators, except when they come from people’s choice, as justices of the peace. As you can see, the constitutional rule limited to the NJC for the single effects manage the judicial career and in particular exercise the jus nominandi or postulandi within the sector. I.e. is a body specializing in human resource and they have par specific end preserve the independence of the judiciary in the field of the appointment, promotion and discipline of judicial servers. In this sense, its pillars are structured on the need to build an institutional barrier that avoids the political interference in the integration of the courts.

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