TITLE VI. OF THE NATIONAL COUNCIL OF THE MAGISTRATURE
Article 178. Integration
The National Council of the Magistrature will be integrated by:
- The President of the Republic, who will preside over it and, in his absence, by the Vice-President of the Republic;
- The President of the Senate;
- A senator [masculine] or senator [feminine] chosen by the Senate that belongs to the party or bloc of parties that are different from the one of the President of the Senate and that holds the representation of the second majority;
- The President of the Chamber of Deputies;
- A deputy [masculine] or deputy [feminine] chosen by the Chamber of Deputies that belongs to the party or bloc of parties that are different from the one of the President of the Chamber of Deputies and that holds the representation of the second majority;
- The President of the Supreme Court of Justice;
- A magistrate [masculine] or magistrate [feminine] of the Supreme Court of Justice chosen by it, who will act as secretary;
- The Procurator General of the Republic.
Article 179. Functions
The National Council of the Magistrature will have the following functions:
- To designate the judges of the Supreme Courts of Justice;
- To designate the judges of the Constitutional Tribunal;
- To designate the judges of the Superior Electoral Tribunal and their substitutes;
- To evaluate the performance of the judges of the Supreme Court of Justice.
Article 180. Criteria for the choice
The National Council of the Magistrature, when conforming the Supreme Court of Justice, must select the three-fourths part of its members from judges that belong to the system of the judicial career, and will choose the remaining fourth part from law or academic professionals or from members of the Public Ministry.
Paragraph I
The National Council of the Magistrature, when designating the [feminine or masculine] judges of the Supreme Court of Justice, will establish which of them will occupy the presidency and will designate a first and second substitute to replace the President in case of absence or impediment. The President and his substitutes will exercise these functions for a period of seven years, at the end of which, and prior to a evaluation of their performance conducted by the National Council of the Magistrature, they may be elected for a new period.
Paragraph II
In case of the vacancy of a judge invested with one of the aforementioned qualities, the National Council of the Magistrature will designate a new judge with equal quality or will attribute this to another one of the judges of the Supreme Court of Justice.
Article 181. Performance evaluation
The judges of the Supreme Court of Justice will be subject to an evaluation of their performance at the end of seven years from their election, conducted by the National Council of the Magistrature. In the cases in which the National Council of the Magistrature decides on the pertinence of dismissing a judge from his office, it must base its decision in the motives contained in the law that governs the matter.
Article 182. Choice of the judges of the Constitutional Tribunal
The National Council of the Magistrature, when conforming the Constitutional Tribunal, will establish which of them will occupy the presidency and will designate a first and second substitute to replace the President, in case of absence or impediment.
Article 183. Choice of the judges of the Superior Electoral Tribunal
The National Council of the Magistrature, when designating the judges and their substitutes of the Superior Electoral Tribunal, will establish which of them will occupy the presidency.
