General Council of the Judicial Power of Spain
Encyclopedia
The General Council of the Judiciary is the constitutional body that governs all the Judiciary of Spain, such as court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

s, and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s, as it is established by the Spanish Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...

, article 122 and developed by the Organic Law 6/1985 of the Judiciary Power (LOPJ). The President of the CGJP is also the president of the Supreme Court
Supreme Court of Spain
The Supreme Court of Spain is the highest court in Spain for all matters not pertaining to the Spanish Constitution. The court which meets in the Convent of the Salesas Reales in Madrid, consists of a president and an indeterminate number of magistrates appointed to the five chambers of the...


Functions

The GCJP is not a jurisdictional body, but an overseeing and organising body of the Spanish Judiciary. Among its main functions are:
  • To elect, among its members, its president and president of the Supreme Court
  • To nominate, by a three fifths supermajority
    Supermajority
    A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...

     two justices of the Constitutional Court
    Constitutional Court of Spain
    thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...

  • 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 assessment 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 Automous Communities pertaining judiciary questions. As well as to be heard upon the naming of the Attorney General of the Sate.

Composition

The GCJP is made up of 20 members, named for a period of five years, that can not be renovated, by the King on the assessement of the Minister of Justice, after being nominated by both houses of the Cortes Generales
Cortes Generales
The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...

.

Its members are:
  • Twelve members who are active Judges and Magistrates, of which the Congress of Deputies names six and the Senate
    Spanish Senate
    The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election...

    the other six in any case by a three fifths supermajority. This members are drafted out of 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 that obtain at least the endorsement of at least two percent of the active judges and magistrates.

  • Eight Lawyers or other jurists with more than fifteen years of active service, four on proposal of the Congress of Deputies and another four on proposal of the Senate, in any case by a three fifths supermajority.
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