El Salvador’s Constitution of 1983 with Amendments through 2014

Judicial Independence

 
Article 172. The Supreme Court of Justice, the Chambers of Second Instance and the other tribunals established by the secondary laws, integrate the Judicial Organ. The power to judge and execute what is judged on in constitutional, civil, penal, mercantile, labor, agrarian and administrative legal (contencioso-administrativo) matters, as well as in others determined by the law, corresponds exclusively to this Organ. The organization and functioning of the Judicial Organ shall be determined by law. The Magistrates and Judges, in matters referring to the exercise of jurisdictional functions, are independent and are subject exclusively to the Constitution and the law. The Judicial Organ shall have at its disposal an annual allocation of no less than six percent of the current income of the State’s budget.
 

Judicial Council or Parallel Institution

 
Article 187. The National Council of the Judicature is an independent institution, charged with proposing candidates for the positions of Magistrates of the Supreme Court of Justice, Magistrates of the Chambers of Second Instance, Judges of the First Instance, and Justices of the Peace. The National Council of the Judicature shall be responsible for the organization and functioning of the School of Judicial Training, the object of which is to assure improvement in the professional development of judges and other judicial functionaries. Members of the National Council of the Judicature shall be elected and removed by the Legislative Assembly by the authorized vote of two-thirds of the elected Deputies. The law shall determine what concerns this matter.
 

Attorney General’s Office

 
Article 191. The Public Ministry shall be exercised by the Attorney General (Fiscal General) of the Republic, the Procurator General (Procurador General) of the Republic, the Procurator for the Defense of Human Rights, and other functionaries determined by the law. Article 192. The Attorney General of the Republic, the Procurator General of the Republic, and the Procurator for the Defense of Human Rights shall be elected by the Legislative Assembly by an authorized majority of two-thirds of the elected Deputies. They shall last three years in the exercise of their posts and they may be re-elected. They may be removed from office only for legal causes, with the vote of two-thirds of the elected Deputies.