Interpretation of Article 46 of the Regulations of the Judicial Council Law
- Decree: 219-2011
- Published: May 26, 2015
- Category: Constitutional
Summary
This rule clarifies which judicial officials must remain in their positions until replaced. It affects judges, magistrates, secretaries, and judicial managers. It aims to ensure there are no interruptions in the administration of justice by requiring these officials to stay until their successor arrives.
Considerations
This Executive Agreement is of immediate execution and shall be published in the Official Gazette "La Gaceta". Given at the Presidential House, Tegucigalpa, municipality of the Central District, on the twenty-third (23) day of the month of December of two thousand fourteen (2014). BE IT KNOWN: JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE DEPARTMENTS OF INFRASTRUCTURE AND PUBLIC SERVICES (INSEP) COUNCIL OF THE JUDICIARY AND JUDICIAL CAREER AGREEMENT No. 02-2015 Tegucigalpa, M.D.C., May 26, 2015 STATEMENT OF REASONS Whereas: By virtue of Agreement N° 5-2014 dated September 2, 2014, and published in the Official Gazette La Gaceta N°. 33.533 dated September 17, 2014, the Regulations of the Law of the Council of the Judiciary and the Judicial Career were approved. Whereas: In the application of Article 46 of the Regulations of the Law of the Council of the Judiciary and the Judicial Career, numerous concerns and complaints have been presented by judicial servers who have requested their voluntary separation from service for any cause, and yet they have not been able to withdraw from the Institution because the institute has not presented itself. Whereas: While it is true that Article 46 of the Regulations of the Law of the Council of the Judiciary and the Judicial Career, in its first paragraph indicates the mandatory requirement that the server cannot withdraw from the institution before having been replaced, the spirit of the honorable Plenary of the Council was to equate this norm to that stated in Article 115 of the Law of Organization and Attributes of the Courts (LOAT), in its final paragraph, which provides that the functions of judges shall be extended by operation of law until their predecessor takes office, even if they have a legal substitute.
Interpret Article 46 of the Regulations of the Law of the Council of the Judiciary and the Judicial Career, in the sense that the mandatory requirement of not being able to withdraw from the Institution before having been replaced shall apply to the judicial servers detailed hereinafter: Jurisdictional Subsystem: Magistrates of Courts of Appeals; Magistrates Members of Courts of Appeals; Judges of First Instance; Justices of the Peace; General Secretaries of Courts or Tribunals; Assistant Secretaries of Courts and Tribunals; Court Receivers and Public Defenders at the national level. Administrative Subsystem: Directors and Sub-Directors of both operational and support units and Heads of Units or Departments.
This resolution shall enter into effect as of the date of its approval in this plenary. JORGE RIVERA AVILES PRESIDENT COUNCIL OF THE JUDICIARY AND JUDICIAL CAREER JOSE ROBERTO ESPINAL RAMOS GENERAL SECRETARY COUNCIL OF THE JUDICIARY AND JUDICIAL CAREER BOOKS PAMPHLETS TRIFOLDS CONTINUOUS FORMS POSTERS INVOICES BUSINESS CARDS TITLE PAGE COVERS CALENDARS BOOK BINDINGS MAGAZINES.
Articles
Interpretar el Artículo 46 del Reglamento de la Ley del Consejo de la Judicatura y de la Carrera Judicial, en el sentido de que la obligatoriedad de no poder retirarse de la Institución antes de haber sido sustituido se aplicará a los servidores judiciales que se detallan a continuación: Subsistema Jurisdiccional: Magistrados de Cortes de Apelaciones; Magistrados Integrantes de Cortes de Apelaciones; Jueces de Letras; Jueces de Paz; Secretarios Generales de Juzgados o Tribunales; Secretarios Adjuntos de Juzgados y Tribunales; Receptores y Defensores Públicos a nivel nacional. Subsistema Administrativo: Directores y Subdirectores tanto de dependencias operativas como de apoyo y Jefes de Unidad o Departamento.
La presente resolución entrará en vigencia a partir de la fecha de su aprobación en este pleno. JORGE RIVERA AVILES PRESIDENTE CONSEJO DE LA JUDICATURA Y DE LA CARRERA JUDICIAL JOSE ROBERTO ESPINAL RAMOS SECRETARIO GENERAL CONSEJO DE LA JUDICATURA Y DE LA CARRERA JUDICIAL La
Related laws
- Reglamento — Reglamento de Carrera Docente de la Universidad Nacional de Agricultura
- Compendium of Laws and Regulations of the College of Nursing Professionals — This compendium organizes the laws and regulations of the Nursing Professionals Association of Honduras, which is the official organization that regulates the practice of nursing in the country. It establishes the rights and obligations of registered nurses, its governance structure, professional ethical standards, and working conditions to ensure quality healthcare delivery to the Honduran population.
- Contract No. 3388/GLA/AMDC/2025 — Studies, Designs, Technical Assistance and Supervision of Investments in Structural Measures and Green Measures of the Urban Adaptation to Climate Change Program in Central America – Honduras Component — This contract hires a consulting firm to conduct studies, designs, technical assistance, and supervision of an urban climate change adaptation program in Honduras over 17 months for L. 57,757,290.32. The consultant must comply with strict standards of integrity, transparency, and anti-corruption measures, provide performance guarantees, and deliver all documents to the municipality. (Decree 3388/GLA/AMDC/2025, 2026)
- Advisory Opinion Inter-American Court of Human Rights OC-5/1985 - Compulsory Professional Membership of Journalists Costa Rica — This 1985 Inter-American Court advisory opinion examines whether mandatory membership in a professional journalists' association is compatible with freedom of expression. The Court concludes that mandatory professional membership can be legitimate if it serves compelling public objectives, such as ensuring professional ethics and protecting rights, as long as it does not suppress freedom of expression or function as indirect censorship. (Decree 5-1985, 1985)
- Resolución No. CG-HBCBH 001-2023 — Aprobación de Tabla Salarial de Bomberos, Clases y Oficiales de la Carrera Bomberil — This resolution increases the salaries of firefighters, ranks and officers in Honduras starting in 2023. The increase responds to inflation and seeks to improve the welfare of firefighters and their families, recognizing the special risk of their work. The Government approved the increase after verifying that budget is available. (Decree CG-HBCBH 001-2023, 2023)