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39-1017: As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court and of the General Council of the Judiciary , the Vice President of the Supreme Court , the Chairpersons of the Chambers and an undetermined number of Magistrates. Each Magistrate of the Supreme Court is nominated by the General Council of the Judiciary and appointed by the Monarch for a lifetime tenure up to

78-464: A life tenure. However, the law also established that the magistrates must retire at the age of 70. However, the law allows the magistrates to ask the General Council of the Judiciary an extension of their tenure until the age of 72. The Magistrates can freely retire since the age of 65. Outside of these cases, magistrates shall be forcedly retired when there is a permanent disability for the exercise of their functions. The forced retire can be requested by

117-749: 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: The CGPJ 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 Constitution determines in its article 122.3: The Organic Law 2/2001 (currently in force), modified

156-566: The Constitution of 1812 to replace the System of Councils in all matters that affected justice. The Court derives its current power from Chapter VI of the Constitution of 1978 . The Supreme Court is the court of last resort and can provide finality in all legal issues. It can exercise original jurisdiction over matters of great importance but usually functions as an appellate court able to investigate procedural irregularities arising from actions in

195-576: The European Court of Human Rights since Spain is a signatory to the European Convention on Human Rights . The Supreme Court is the head one of the three branches of the Spanish government, alongside the legislature and the executive To ensure its independence, the Supreme Court has the prerogative to enforce its actions under the principle of obedience to final judicial decisions enshrined in

234-502: The General Council of the Judiciary , the Supreme Court's governing bodies are responsible for hearing and resolving administrative issues that may arise: President of the Supreme Court of Spain The President of the Supreme Court and also President of the General Council of the Judiciary is the highest judicial authority of the Kingdom of Spain and holds the representation of

273-557: The Monarch . The Judiciary Organic Act of 1985 copy this procedure of appointment but specifies that the Royal Decree must be countersigned by the Minister of Justice . To be a candidate for Magistrate of the Supreme Court the law establishes two options: The Organic Law on the military jurisdiction provides that half of the members of the Fifth chamber will be selected from general officers of

312-756: The Prosecution Ministry or the magistrate itself to the Governing Council of the Supreme Court or to the Governing Council of a specific chamber. After this, the Governing Council shall send the request to the GCJ and the Council shall approve the retire. The Supreme Court is divided into five ordinary chambers, each dealing with a specific areas of Spanish law that may affect ordinary citizens, and four special chambers dealing with state issues. The five ordinary chambers are: The four special chambers are: Subordinate to

351-569: The judicial branch and its governing body, the CGPJ . The office of President of the Supreme Court is foreseen in the Constitution as well as giving to the president the presidency of the General Council of the Judiciary. As a parliamentary monarchy , the President of the Supreme Court is appointed by the Monarch after being nominated by the Plenary of the General Council of the Judiciary , who serves until

390-420: The national courts or Provincial courts . It can order ordinary and extraordinary remedies against decisions of lower courts according to the provisions of Spanish law . The Supreme Court is responsible for processing substantial complaints of wrongdoing against prominent persons such as government Ministers , Senators , Deputies and members of the various regional parliaments , senior judges , including

429-597: The CGJP is also the president of the Supreme Court . The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. 2. The General Council of the Judicial Power is its governing body. An organic act shall lay down its status and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and

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468-527: The Chamber for Section 61, which is in charge of major cases against the Supreme Court justices, of reviewing some sentences and of the illegalization of political parties when they promote illicit activities, do not have a democratic internal organization or there is any cause of illegality foreseen in the Criminal Code. Since the Supreme Court was established in 1812, 47 people have served as president. The first

507-610: The Constitution only detail the way of election of the eight members of the CGPJ that they will be chosen between the most renowned jurists . It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate . Both case requires a majority of three fifths of the members of every Chamber to be elected member of the CGPJ. Otherwise, for

546-492: The Constitution or the Organic Judiciary Act specifies the number of magistrates. According to 2017 data, the Court was composed by 79 magistrates. The Constitution does not regulate the form of appointment of the magistrates although it does regulate the procedure of appointment of the President of the Court . According to Section 123, the President is nominated by the General Council of the Judiciary and appointed by

585-426: The Constitution. Also, most of its resolutions are reliable since they are solutions to appeal against the considered decisions of lower courts. The Supreme Court is the only entity that can order the detention of members of its own judiciary or the legislature or executive authorities and then impeach them according to the additional civil and criminal obligations, which, by law, it must discharge diligently in

624-477: The Court was divided into two chambers and the number of magistrates grows up to 25. In 1868, it was created the Third Chamber to know the issues related to the public administrations (administrative law). In 1870 the number of magistrates grow again to 33 distributed in four chambers; one for civil cases, two for criminal cases and one for administrative cases. Between 1875 and 1904 the administrative jurisdiction

663-672: The Judiciary The General Council of the Judiciary ( Spanish : Consejo General del Poder Judicial , CGPJ ) is the national council of the judiciary of Spain . It 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

702-689: The Military Legal Corps. These members are appointed by the General council of the judiciary from a list proposed by the Ministry of Defence. Upon nomination to the Supreme Court, military members are retired from the armed forces and will act only on the capacity of Supreme Court Justices. The tenure of the Magistrates of the Supreme Court is regulated in Section 386 of the Judiciary Organic Act and it establishes

741-611: The Office or Cabinet of the Presidency, headed by a Director who is freely appointed and dismissed by the incumbent president. This office and tis director exercise the duties that the president entrusts him and directs the Services of Secretariat of Presidency, both of the Supreme Court and the General Council of the Judiciary. Only a Magistrate of the Supreme Court or those members of the judicial career or jurists of recognized competence who meet

780-566: The Organic Law 6/1985 in which refers to the election system: Of the 12 members who must be Judges or Magistrates, 6 are elected by Congress and 6 by the Senate, from a list of 36 candidates proposed by associations of judges or by non-associate judges. Each of the chambers that form the Cortes Generales chose ten members by a qualified majority of three fifths. Six among active duty judges and four among lawyers of recognized competence. Members of

819-504: The Organic Law of the Judiciary reforming the election method between members coming from the judiciary . The professional associations of the judiciary or groups of judges who make up at least 2% of the total on active duty may present to the chambers a total of thirty-six candidates, of which the Congress shall elect six and the other six will be chosen by the Senate from among the remaining thirty. Alberto Ruiz-Gallardón , minister of Justice , announced in 2012 his intention to change

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858-547: The President and judges of the Constitutional Court , the highest tribunal in the country – regarding constitutional matters –. It also processes formal applications by the procurator (public prosecutor) to outlaw political parties, Generally, there is no avenue of appeal against a Supreme Court decision although, in criminal matters, the Crown may exercise the prerogative of mercy to invalidate sentences imposed or ratified by

897-456: The President of the Supreme Court and the General Council of the Judiciary shall cease for the following reasons: The Oath of the President of the Supreme Court, all the judges of the Court and all the members of the judicial career is regulated in Section 318 of the Organic Act of the Judiciary. «I faithfully swear (or promise) to obey and enforce at all times the Constitution and the rest of

936-429: The Supreme Court and to meet the conditions required to be President of a Chamber of the Supreme Court, or to be a jurist of recognized competence with more than twenty-five years of seniority in the exercise of the profession» The president is elected in the Plenary of the Council if he has obtained the confidence of three fifths of the members of the Plenary. If this was not the case, a second ballot would be held between

975-554: The Supreme Court, constitutionally, such appeals are resolved by the Council of Ministers and then formalized by the monarch, as head of state. Supreme Court decisions may, exceptionally, be overruled by the Constitutional Court if there has been an infringement of rights and freedoms of citizens embodied in the Spanish Constitution of 1978 – articles 14 to 29 and 30.2, regarding Fundamental Rights – or by decisions emanating from

1014-660: The age of 70, when they must retire (unless they request a 2-year extension). The Court meets in its Palace, built by Antonio Ruiz de Salces on the site of the old Convent of the Salesas Reales in Madrid . The security of the buildings and personnel of the Supreme Court is entrusted to the Supreme Court Special Commissariat, a unit of the National Police Corps . The Court was originally established by

1053-680: The disciplinary system. 3. The General Council of the Judicial Power shall consist of the President of the Supreme Court, who shall preside it, and of twenty members appointed by the King for a five-year period, of which twelve shall be judges and magistrates of all judicial categories, under the terms provided for by the organic act; four nominated by the Congress and four by the Senate, elected in both cases by three-fifths of their members amongst lawyers and other jurists of acknowledged competence with more than fifteen years of professional practice. This means that,

1092-461: The election of the twelve members precedents of the judiciary , with independence of the professional category that they belong (Magistrate of the Supreme Court , Magistrate or Judge), the Constitution refers to what is established in a future Organic Law . The Cortes fulfilled this constitutional mandate with the approval of the Organic Law 6/1985, of 1 July, of the Judicial Power . The CGPJ

1131-784: The end of its 5-years-term, its dismissal by the CGPJ or its resignation. The President of the Supreme Court also chairs the special courts, such as the Jurisdiction Conflicts Chamber which resolve conflicts between the civil and military justice , the Jurisdiction Conflicts Court which resolve conflicts between the Courts of Justice and the Administration , the Competence Conflicts Chamber which resolve conflicts between different Courts of Justice and

1170-456: The legal requirements to access the category of Magistrate of the Supreme Court may hold the office of Director of the Office of the Presidency. According to the provisions of Section 586 of the Judiciary Organic Act, to be elected President of the Supreme Court and the General Council of the Judiciary: «It will be necessary to be a member of the judicial career with the category of Magistrate of

1209-485: The legal system, with loyalty to the Crown, administer fair and impartial justice and fulfill my judicial duties before all.» Since 1812, there have been numerous presidents of the Supreme Court, however, the General Council of the Judiciary is relatively younger. This list only includes the presidents who have been at the same time presidents of the General Council of the Judiciary: General Council of

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1248-484: The method of election of the 12 members of the CGPJ, returning to the old system of 1985. However, on December 21, 2012 the minister attended to the Council of Ministers with a preliminary project in which it was established that the election of the twenty members of the governing body of the judges was carried out directly by the Parliament , without previous elections in the judicial career. Ruiz-Gallardón considered that

1287-401: The number of justices. The Supreme Court of Justice Act of 1814 established a high court consisting of 16 "ministers" distributed in three chambers. This act hardly took effect due to the restoration of absolutism in 1814, although it was in force between 1820 and 1823. In 1834, it was restored with the name of Supreme Court of Spain and Indies and it was established the same composition. In 1864,

1326-484: The outgoing Council or those who provided services in their technical bodies could not be elected. The President is appointed by the Plenary of the CGPJ between members of the judicial career or jurists of recognized competence. During his term, members can not be removed, replaced, or terminated and can not be re-elected. Formally, they are appointed by the King of Spain . Organic Law 2/2001, of June 21, modified article 122 of

1365-403: The performance of their official duties. Peer review is provided by the General Council of the Judiciary , a panel of senior Supreme Court judges that monitors the Supreme Court practice and operation, but the decisions of this Council are advisory and may be annulled by due process in a Supreme Court action. Neither the Constitution of 1812 or the current Spanish Constitution specify

1404-570: The reform, consensual with the PSOE , would contribute to depoliticization justice. The Council of Ministers rejected this project. The members of the General Council of the Judiciary are the President, the Vice-president and the Members. The President of the CGPJ is also the President of the Supreme Court . They are: These are the current Members of the CGPJ since November 29, 2013. They were elected by

1443-452: The two candidates most voted in the first ballot, and the one who obtained the most support would be elected president. Once elected, the election will be communicated to the Monarch who will appoint the nominated candidate to be president. Subsequently, the appointed president will take oath before the Monarch and the Plenary of the Court. Pursuant to Section 588 of the Judiciary Organic Act,

1482-478: Was Ramón Posada y Soto (1812–1814). The General Council of the Judiciary was established in 1978 and the first meeting was in 1980, electing Ángel Escudero del Corral as its president. The current acting president of the Supreme Court is Francisco Marín Castán since 2022. According to Article 598 of the Judiciary Organic Act, the CGPJ President is entitled to: From the President of the Supreme Court depends

1521-462: Was transferred to the Council of State . In 1931, the Republic divided the Court into six chambers: First Chamber for Civil Law, Second Chamber of Criminal Law, Third and Fourth Chambers for Administrative Law, Fifth Chamber for Laboral Law and Sixth Chamber for Military Law, and the number of magistrates was up to 40. In the current democratic period, the Court is divided into five chambers and neither

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