General Council of the Judiciary

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The General Council of the Judiciary ( Spanish Consejo General del Poder Judicial ) is the governing body of the Spanish judiciary . The General Council is in Article 122 of the Constitution of the Kingdom of Spain provided constitutional body . More detailed regulations can be found in the organic law on judicial power.

composition

The General Council is composed of

  • the president,
  • 12 judges,
  • 8 lawyers and other lawyers.

All members are appointed for a term of 5 years.

president

Headquarters ( Madrid ).

The President is proposed by the General Council with three fifths of the members and is appointed by the King with the countersignature of the Prime Minister . Judges and lawyers with recognized experience and qualifications and at least 15 years of professional experience are eligible. One-time re-election is permitted. The President is also the President of the Supreme Court .

Judicial members

The selection of the 12 judicial members takes place in several steps:

  1. First, candidates are presented by professional judicial associations or by a number of judges comprising at least 2% of the judges.
  2. A 36-person list of candidates is formed by taking into account the proposals of the professional judicial associations and judges who do not belong to any associations, proportionally according to their number of members.
  3. The House of Representatives proposes 6 members from the list of candidates.
  4. The Senate proposes 6 further members from the remaining list of candidates.
  5. The king appoints to be countersigned by the Minister of Justice the proposed members.

Judges can be selected as judging categories. Re-election is not permitted.

Other members

Half of the 8 other members are proposed by the House of Representatives with three-fifths of its members and the Senate with three-fifths of its members and appointed by the King after countersigning the Minister of Justice. Lawyers and other lawyers of recognized qualifications with over 15 years of professional experience are eligible. Re-election is not permitted.

Working method

Sub-organs of the General Council are (Article 122 of the Organic Law on the Judiciary):

  • the president
  • the vice president
  • the plenary
  • the Standing Committee
  • the Disciplinary Committee
  • the qualification committee
  • the Equal Opportunities Committee

Jurisdiction

The General Council has the following tasks (Article 107 of the Organic Law on Judicial Power):

  1. Proposal by the President of the General Council and the Supreme Court with three fifths of the members,
  2. Proposal by two members of the Constitutional Court with three fifths of the members,
  3. Inspection of the courts,
  4. Selection, education and training, regulations for appointments, promotions, status and disciplinary measures regarding judges,
  5. Participation in the appointment of higher judges,
  6. Participation in the appointment of administrative staff,
  7. Those responsible for the judges' school,
  8. Drawing up, managing the implementation and monitoring compliance with the budget of the General Council,
  9. Ordinances pursuant to Article 110 of the Organic Law,
  10. Publication of court decisions,
  11. further competences delegated by law.

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