General Council of the Judiciary
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The General Council of the Judiciary (Spanish: Consejo General del Poder Judicial, CGPJ) is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court.
The GCJP is not a jurisdictional body, but an overseeing and organising body of the Spanish Judiciary - it does not form part of the judiciary itself. Among its main functions are:
- To elect, among its members, its president and the president of the Supreme Court
- To nominate, by a three fifths majority two justices of the Constitutional Court
- To oversee and inspect the activities of judges and courts.
- To select, train, assign destination, administrative situations and establish and keep the disciplinary rules and procedures of judges and magistrates.
- To name judges and, with the approval of the Minister of Justice, the Magistrates of the Supreme Court, Court presidents and magistrates.
The GCJP is also compelled to report on all the laws and legal dispositions of the State and the Autonomous Communities pertaining to judicial questions, as well as being consulted in the naming of the Attorney General of the State.
The GCJP is made up of 20 members elected for a period of five years which cannot be renewed. The King names those nominated by both houses of the Cortes Generales, on the assessment of the Minister of Justice.
Its members are:
- Twelve members who are active Judges and Magistrates, of whom the Congress of Deputies names six and the Senate the other six, both by a three fifths majority. These members are selected from a list of 36 judges and magistrates proposed by the professional associations of judges and magistrates, that represent al least two percent of the active judges and magistrates, and by independent judges who obtain the endorsement of at least two percent of active judges and magistrates. This followed an overhaul by the Organic Law of the Judicial Power (Ley Organica del Poder Judicial 4/2013), presented by Gallardon, the previous minister of justice. Where, previously, the 12 members were proposed by the judicial associations to which the judges can (but are not required to) belong under Article 127 of the Spanish Constitution, the entire Consejo General del Poder Judicial (General Council of the Judiciary) is now elected by the legislative branch of the State.
- Eight Lawyers or other jurists with more than fifteen years of active service, four proposed by the Congress of Deputies and another four proposed by the Senate, in either case by a three fifths majority.
- Art 107 LO 6/1985 del Poder Judicial (Organic Law of the Judicial Power, LOPJ)
- Art. 108 LOPJ
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