Page:British and Foreign State Papers, vol. 144 (1952).djvu/350

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(e) To decide, in the last instance, on the suspension or removal of local and provincial governing officials, in accordance with the provisions of this Constitution and the law.

175. The judicial career is instituted. Entry therein shall be by competition, with the exception of the Justices of the Supreme Court.

176. Appointments of Justices of the Courts of Appeals shall be made in three forms, taken in order: the first, by promotion, by strict seniority in the lower category; the second. by choice among those who occupy the immediately lower category; and the third, by means of competitive examinations—theory and practice—which can be taken by judicial officers, officers of the public prosecutor’s office, and lawyers, not over 60 years of age. Practicing lawyers must meet the other requisites fixed for appointment as a Justice of the Supreme Court.

177. Appointments of judges shall be made in two forms, taken in order: one by strict seniority in the lower category, and the other by choice among officers of the same or the lower category who make application. In the first form of this and the preceding Article, the vacancy shall be filled by transfer if there is an office of like category who requests it, the appointment or promotion being made to the position which finally becomes available in that category.

178. The Government Section of the Supreme Court shall determine, classify and publish any merits that may be awarded to judicial officers of each category, for purposes of promotion.

179. In cases of choice, the transfers and promotions must necessarily be given to the best qualified officer of the same or immediately lower category who applies for it. The Supreme Court shall keep a record of the qualifications of each one, by categories, rectifying it semi-annually, on the sole basis of capacity, services, merits and juridical output of each officer.

180. Justices of the Supreme Court shall be appointed by the President of the Republic, from a list of 3 names proposed by an electoral college of 9 members. These members shall be designated: 4 by the full bench of the Supreme Court from its own membership; 3 by the President of the Republic; and 2 by the Law Faculty of the University of Havana. The last 5 must have the qualifications required to be a Justice of the Supreme Court, and those designated by the Faculty of Law cannot belong thereto.