#SeriesAFFAN #SpecialLaws Chapter 4: Law on Nominating Committees DECREE 19-2009 OF THE CONGRESS OF THE REPUBLIC 0. EXAMPLES OF NOMINATING COMMITTEES TO ELECT: 1.MAGISTRATES OF THE SUPREME COURT OF JUSTICE (ART. 215 CPRG) 2.MAGISTRATES OF THE COURT OF APPEALS (ART. 217 CPRG) 3.ATTORNEY GENERAL (ART. 251 CPRG) 4.COMPTROLLER GENERAL OF ACCOUNTS (ART. 233 CPRG) 5.HUMAN RIGHTS PROSECUTOR (ART. 273 CPRG) 6.MAGISTRATES OF THE SUPREME ELECTORAL TRIBUNAL 7.DIRECTOR OF THE PUBLIC CRIMINAL DEFENSE INSTITUTE 8.DIRECTOR OF THE NATIONAL INSTITUTE OF FORENSIC SCIENCES 9.SUPERINTENDENT OF THE SUPERINTENDENCY OF TAX ADMINISTRATION 1. WHAT IS A NOMINATION COMMITTEE? IT IS A BODY MADE UP OF REPRESENTATIVES FROM ACADEMIC, PROFESSIONAL AND UNION SECTORS, RESPONSIBLE FOR PROPOSING CANDIDATES TO THE ENTITIES THAT ELECT OFFICIALS WITH RELEVANT COMPETENCES IN THE STATE STRUCTURE. 2. WHAT IS THE PURPOSE OF THE LAW? (ART. 1) DEVELOP THE CONSTITUTIONAL RULES RELATING TO THE NOMINATION COMMITTEES, WITH THE PURPOSE OF REGULATING AND ESTABLISHING PROCEDURES REGARDING THE SELECTION OF THE LISTS OF CANDIDATES FOR POSITIONS THAT EXERCISE PUBLIC FUNCTIONS OF RELEVANCE TO THE STATE OF GUATEMALA. 3. WHAT ARE THE PRINCIPLES THAT SHOULD GOVERN THE ACTIONS OF THE NOMINATION COMMITTEES? (ART. 2) 1. TRANSPARENCY: TO THIS END, THEY MUST REPORT ON THEIR ACTIONS. 2. PROFESSIONAL EXCELLENCE: THEY MUST ESTABLISH A MINIMUM PROFILE THAT FACILITATES THE SELECTION OF PEOPLE WHO APPLY FOR DIFFERENT POSITIONS. 3. OBJECTIVITY: THEY MUST OBSERVE CONCRETE AND TANGIBLE CRITERIA, REQUIREMENTS AND CONDITIONS. 4. PUBLICITY: ALL THEIR ACTS ARE PUBLIC. 4. WHO CALLS THE NOMINATION COMMITTEES AND IN WHAT TIME? THE CONGRESS OF THE REPUBLIC MUST CALL THEM AT LEAST 4 MONTHS IN ADVANCE BEFORE THE END OF THE TERM FOR WHICH THEY WERE CONSTITUTIONALLY ELECTED. 5. WHEN DO PROFESSIONAL ASSOCIATIONS CALL ELECTIONS? PROFESSIONAL ASSOCIATIONS CALL ELECTIONS WITHIN 10 DAYS AFTER THE CALL OF THE CONGRESS OF THE REPUBLIC. 6. IN WHAT PERIOD MUST THE NOMINATION COMMITTEES BE ASSEMBLED? (ART. 4) AT LEAST 2 MONTHS IN ADVANCE OF THE OFFICIAL IN QUESTION. 7. WHAT IS THE QUORUM TO START THE SESSION (PRESENCE QUORUM)? TWO-THIRDS OF THE TOTAL MEMBERS. 8. WHAT IS THE QUORUM TO MAKE DECISIONS (DECISION QUORUM)? TWO-THIRDS OF THE TOTAL MEMBERS. (ART. 9) 9. PROCEDURE TO BE FOLLOWED BY THE APPLICATION COMMITTEES 1. STEP 1 – APPROVAL OF CANDIDATE PROFILE (ART. 12) 2. STEP 2 – PUBLIC CALL (ART. 14) •IT WILL BE PUBLISHED ONCE IN THE OFFICIAL JOURNAL; •IN TWO OTHER JOURNALS OF WIDEST CIRCULATION. 3. STEP 3 – CANDIDATES SUBMIT THEIR APPLICATION (ART. 15) •EXCLUSION OF CANDIDATES DUE TO LACK OF REQUIREMENTS. •DISCLAIMER EVIDENCE WITHIN 3 DAYS 4. STEP 4 – THE COMMISSION VERIFIES THE BACKGROUND OF EACH CANDIDATE (ART. 18) 4.1. THE COMMITTEES HAVE THE POWER TO CONDUCT INTERVIEWS WITH CANDIDATES (ART. 19) 5. STEP 5 – PUBLICATION OF CANDIDATES’ NAMES (ART. 20) •IT WILL BE PUBLISHED ONCE IN THE OFFICIAL JOURNAL; •IN TWO OTHER JOURNALS OF WIDER CIRCULATION. •THE PURPOSE OF THE PUBLICATION IS THAT ANY PERSON WHO IS AWARE OF ANY IMPEDIMENT MAKES IT KNOWN IN WRITING TO THE COMMISSION. 6. STEP 6 – THE COMMITTEES EVALUATE THE FILES OF EACH CANDIDATES (ART. 22) •THEY ASSIGN EACH PARTICIPANT A SCORE ACCORDING TO THEIR GRADATION. 7. STEP 7 – THE VOTE IS TAKEN TO COMPILE THE NOMINATIONS (ART. 23) 8. STEP 8 – THE NOMINATION IS SENT TO THE BODY THAT ELECTS THE OFFICIAL (ART. 23) 10. WHAT ASPECTS ARE TAKEN INTO ACCOUNT FOR THE PREPARATION OF THE PROFILE? AND BRIEFLY EXPLAIN A PARAMETER TO “MEASURE” EACH ONE (ART. 12) THE QUALITIES ARE TAKEN INTO ACCOUNT: 1. ETHICS: PROOF OF ACTIVE MEMBERSHIP; PROOF OF YEARS OF PROFESSIONAL PRACTICE, CRIMINAL AND POLICE RECORDS, NOT HAVING BEEN SANCTIONED BY THE COURT OF HONOR. 2. ACADEMIC: UNIVERSITY TEACHING, ACADEMIC DEGREES, STUDIES, ESSAYS, PUBLICATIONS, ACADEMIC EVENTS. 3. PROFESSIONAL: PROFESSIONAL EXPERIENCE OF THE CANDIDATE. 4. HUMAN PROJECTION: VOCATION AND LEADERSHIP. 11. IS THERE ANY CHALLENGE AFTER THE PUBLICATION OF THE LIST OF CANDIDATES? YES, THE LAW REGULATES A CHALLENGE THAT IS FILED WITHIN 72 HOURS OF THE PUBLICATION OF THE LIST; AND IT MUST BE RESOLVED WITHIN 72 HOURS. (ART. 28) 12. AT WHAT MOMENT DOES THE NOMINATION COMMITTEE DISINTEGRATE? UNTIL THE OFFICIALS TO BE ELECTED HAVE TAKEN POSSESSION OF THEIR POSITIONS, FOR THE PURPOSES OF THE CHALLENGES. (ART. 24) We share with you the link so you can download the complete material https://drive.google.com/file/d/1g4pu... Don't forget to subscribe to the channel, activate the ???? notifications and follow us on our social networks ???? ???? FB @affanprivados ???? IG @affangt