Superior Council of the Judiciary
Encyclopedia
The Superior Council of The Judiciary of Colombia is the highest court of appeal on matters of the administration of justice. Organically the Superior Council of the Judiciary is divided in two rooms, diverse in their origin and functions, this way the jurisdictional one disciplinary that is in charge of the investigation of the behavior of the judicial officials and of the lawyers and of settling the competition conflicts, and the office worker, with origin in the same judicature, in charge of assisting the organizational necessities and of management of the judicial branch, liberating the judges of this load that it distracted them of their characteristic function of imparting justice and overcoming the outline of it guides and the government's administration.
The Administrative Room this integrated by six elected magistrates for eight year-old periods, one for the Constitutional Court, two for the Supreme Court of Justice and three for the Council of State; the Jurisdictional Disciplinary Room, seven magistrates conform it, also chosen for an eight year-old period, but for the National Congress, that is to say, the Camera and the Senate in plenary session, of ternas sent by the government.
In any event, the Constitution declares that the administration of justice is a public function of constitutional range and that its decisions are independent, and he/she gives to C.S.J. the organic same level that you/they have the discharges courts as the Supreme Court of Colombia
, the Council of State of Colombia
and the Constitutional Court of Colombia
, but it endows it of functions, attributions, abilities and special competitions described directly by the Constitution.
Organically C.S.J. this divided in two rooms, diverse in their origin and functions, this way the jurisdictional one disciplinary that is in charge of the investigation of the behavior of the judicial officials and of the lawyers and of settling the competition conflicts, and the office worker, with origin in the same judicature, in charge of assisting the organizational necessities and of management of the judicial branch, liberating the judges of this load that it distracted them of their characteristic function of imparting justice and overcoming the outline of it guides and the government's administration.
The Administrative Room this integrated by six elected magistrates for eight year-old periods, one for the Constitutional Court, two for the Supreme Court of Justice and three for the Council of State; the Jurisdictional Disciplinary Room, seven magistrates conform it, also chosen for an eight year-old period, but for the National Congress, that is to say, the Camera and the Senate in plenary session, of ternas sent by the government.
Also L.E.A.J., it admits the existence from a Full, but reduced Room to functions internal office workers of the advice and other external ones, like they are those of adopting the annual report that it will be presented to the congress of the republic on the state of the administration of justice, the adoption of the plan of development of the judicial branch, the adoption of the relative bills to the administration of justice and the codes nouns and procedural, and to adopt, previous the concept of the commission interinstitucional of the judicial branch, the component of the plan of development predicate for the judicial branch. Also, L.E .A .J. he/she surrendered to the Full Room of the Council, the regulation imperium of the law and that of complementation of the same one in the case of the regulations foreseen for the effective operation of the administration of justice.
In the regional environment, in the district heads, sectional advice of the judicature that conserve the same structure of the Superior Council, exist that is to say, they are divided in two rooms: the office worker and the jurisdictional one disciplinary. The positions of magistrate of these advice are of career and to them you consents in property, for competition public of merits.
That Superior old Council of the Administration of Justice, integrated by members of the judicature, entered in operation with the support of the National Address of Judicial Career that enriched its functions until acquiring, in development of the Law 38 of 1989, its mediating consolidation the attribution of executing the budget operation of the branch, except as for the investment resources that it continued in head of the Ministry of Justice, through the Rotational Fund.
Under these conditions, they didn't register significant advances in front of the crisis in the administration of justice, the one which, far from being overcome, it persisted in their main manifestations, such as absence of political of development for the justice, deficiency in the assignment of resources and lack of autonomy in the execution of the same ones. On the other hand, the realization of the operative activities commended to the branch presented resulting difficulties of a minimum participation of the Superior Council of the Administration of Justice and of the organizational precarious structure of the National Address of Judicial Career. This way, it was evident the nonexistence of political and programs of development of the human talent, because the labor and salary régime didn't correspond to a technician designed.
The plans and formation programs, qualification and the officials' training and judicial employees, they didn't respond to clear politicians, neither they underwent evaluation and control. A juridical system was configured characterized by the constants legal reformations, without obeying politicians defined in the context of the national reality and for the inadequacy in the diffusion of the effective legislation, and an exaggerated increment of the crime rate took place and of the formal impunity.
In this sense it was evident the absence of political and programs of technological modernization and of administration and control, so much of the judicial offices as of the entities of administration of the judicial branch and a serious state of lack of physical appropriate resources was generated to the necessities of the corporations and judicial offices, and he/she stood out the proliferation of unconcluded and not well located works, dispersed in the whole national territory and buildings occupied by other entities, with tributary big loads.
Also, you could verify the generalization of the increase of the judicial backwardness and consequently, the increase of loss of credibility in the system, the congestion in the judicial offices, the lack of personal, the territorial inadequate distribution of the tribunals and of the competitions, the first floor yield and the lacks in the quality and upgrade of the information on the judicial activity.
Under such conditions, in the country he/she consolidated the idea of freeing the judicial power of it guides her of the Government and of the Legislative, by means of the attribution of administrative functions of the biggest transcendency to C.S.J.; as the element through which is guaranteed the transparency and objectivity of the selection of the magistracies and the judicatures; it occurs full participation to the judicial branch in the national process of development and the territorial division of the country is made, with a normative residual, supplementary and complementary capacity of the legislative function of the Congress, certainly, with the ability of exercising the control of yield of all the judicial offices.
C.S.J. of Colombia that was introduced in the constitutional Colombian classification starting from the Political new Letter of July 1991, it is one of the new and more important organic instruments of government and administration of the State, specifically foreseen to guarantee the self-government of the judicial branch of the public power.
The Administrative Room this integrated by six elected magistrates for eight year-old periods, one for the Constitutional Court, two for the Supreme Court of Justice and three for the Council of State; the Jurisdictional Disciplinary Room, seven magistrates conform it, also chosen for an eight year-old period, but for the National Congress, that is to say, the Camera and the Senate in plenary session, of ternas sent by the government.
Introduction
The constitutional and legal régime of CSJ of Colombia that it began works March 1992, 15 this foreseen mainly in that prepared by the articles 254 at 257 of the Political Letter and in the Title IV of the Law 270 of 1996, statutory call of the administration of justice, L.E.A.J.La main characteristic of this entity is that it is a constitutional organism created directly by the Political Letter and developed in legislative dispositions of special range; in this sense the figure is adopted according to which to the interior of the judicial branch organs and organisms can exist with artificial complete configuration, that is to say, with patrimonial autonomy, presupuestal, financial and administrative.In any event, the Constitution declares that the administration of justice is a public function of constitutional range and that its decisions are independent, and he/she gives to C.S.J. the organic same level that you/they have the discharges courts as the Supreme Court of Colombia
Supreme Court of Colombia
The Supreme Court of Colombia in Bogotá is the highest judicial body in civil and penal matters and issues of criminal and civil procedure in Colombia...
, the Council of State of Colombia
Council of State of Colombia
The Council of State of ColombiaState Council- It is conformed by twenty-seven magistrates that exercise during eight years.- It regulates the conflicts between the matters and the State.Superior Council of Judicature...
and the Constitutional Court of Colombia
Constitutional Court of Colombia
The Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
, but it endows it of functions, attributions, abilities and special competitions described directly by the Constitution.
Organically C.S.J. this divided in two rooms, diverse in their origin and functions, this way the jurisdictional one disciplinary that is in charge of the investigation of the behavior of the judicial officials and of the lawyers and of settling the competition conflicts, and the office worker, with origin in the same judicature, in charge of assisting the organizational necessities and of management of the judicial branch, liberating the judges of this load that it distracted them of their characteristic function of imparting justice and overcoming the outline of it guides and the government's administration.
The Administrative Room this integrated by six elected magistrates for eight year-old periods, one for the Constitutional Court, two for the Supreme Court of Justice and three for the Council of State; the Jurisdictional Disciplinary Room, seven magistrates conform it, also chosen for an eight year-old period, but for the National Congress, that is to say, the Camera and the Senate in plenary session, of ternas sent by the government.
Also L.E.A.J., it admits the existence from a Full, but reduced Room to functions internal office workers of the advice and other external ones, like they are those of adopting the annual report that it will be presented to the congress of the republic on the state of the administration of justice, the adoption of the plan of development of the judicial branch, the adoption of the relative bills to the administration of justice and the codes nouns and procedural, and to adopt, previous the concept of the commission interinstitucional of the judicial branch, the component of the plan of development predicate for the judicial branch. Also, L.E .A .J. he/she surrendered to the Full Room of the Council, the regulation imperium of the law and that of complementation of the same one in the case of the regulations foreseen for the effective operation of the administration of justice.
In the regional environment, in the district heads, sectional advice of the judicature that conserve the same structure of the Superior Council, exist that is to say, they are divided in two rooms: the office worker and the jurisdictional one disciplinary. The positions of magistrate of these advice are of career and to them you consents in property, for competition public of merits.
Antecedents
In the constitutional and administrative history of Colombia they register very scarce intents to establish government's appropriate instruments and administration of the judicial branch. The first antecedent of C.S.J. it is in 1970, because, the first career statute is sent - that never had application - and the superior advice of the administration of justice is believed, under the direction of the ministry of the field; later on, by means of the Legislative Act Not. 1 of 1979, the creation of C.S.J was attempted. with the functions of to administer the judicial career and to exercise the disciplinary imperium, in a constitutional reformation that, at last, it was declared unconstitutional for the Supreme Court of Justice. Only in 1987, by means of the Ordinance 52, he/she puts into operation the judicial career, but it maintained their handling under the direction of the government.That Superior old Council of the Administration of Justice, integrated by members of the judicature, entered in operation with the support of the National Address of Judicial Career that enriched its functions until acquiring, in development of the Law 38 of 1989, its mediating consolidation the attribution of executing the budget operation of the branch, except as for the investment resources that it continued in head of the Ministry of Justice, through the Rotational Fund.
Under these conditions, they didn't register significant advances in front of the crisis in the administration of justice, the one which, far from being overcome, it persisted in their main manifestations, such as absence of political of development for the justice, deficiency in the assignment of resources and lack of autonomy in the execution of the same ones. On the other hand, the realization of the operative activities commended to the branch presented resulting difficulties of a minimum participation of the Superior Council of the Administration of Justice and of the organizational precarious structure of the National Address of Judicial Career. This way, it was evident the nonexistence of political and programs of development of the human talent, because the labor and salary régime didn't correspond to a technician designed.
The plans and formation programs, qualification and the officials' training and judicial employees, they didn't respond to clear politicians, neither they underwent evaluation and control. A juridical system was configured characterized by the constants legal reformations, without obeying politicians defined in the context of the national reality and for the inadequacy in the diffusion of the effective legislation, and an exaggerated increment of the crime rate took place and of the formal impunity.
In this sense it was evident the absence of political and programs of technological modernization and of administration and control, so much of the judicial offices as of the entities of administration of the judicial branch and a serious state of lack of physical appropriate resources was generated to the necessities of the corporations and judicial offices, and he/she stood out the proliferation of unconcluded and not well located works, dispersed in the whole national territory and buildings occupied by other entities, with tributary big loads.
Also, you could verify the generalization of the increase of the judicial backwardness and consequently, the increase of loss of credibility in the system, the congestion in the judicial offices, the lack of personal, the territorial inadequate distribution of the tribunals and of the competitions, the first floor yield and the lacks in the quality and upgrade of the information on the judicial activity.
Under such conditions, in the country he/she consolidated the idea of freeing the judicial power of it guides her of the Government and of the Legislative, by means of the attribution of administrative functions of the biggest transcendency to C.S.J.; as the element through which is guaranteed the transparency and objectivity of the selection of the magistracies and the judicatures; it occurs full participation to the judicial branch in the national process of development and the territorial division of the country is made, with a normative residual, supplementary and complementary capacity of the legislative function of the Congress, certainly, with the ability of exercising the control of yield of all the judicial offices.
C.S.J. of Colombia that was introduced in the constitutional Colombian classification starting from the Political new Letter of July 1991, it is one of the new and more important organic instruments of government and administration of the State, specifically foreseen to guarantee the self-government of the judicial branch of the public power.