The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the GCJ 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 fourths of the members of every Chamber to be elected member of the GCJ. Otherwise, for the election of the twelve members precedents of the judiciary, with independence of the professional category that they belong, 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.
Functions
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.
12 members will be Judges or Magistrates. An Organic Law will decided the method of election.
8 members will be lawyers or jurists. 4 of them elected by the Congress and 4 by the Senate.
The Organic Law 2/2001, modified the Organic Law 6/1985 in which refers to the election system:
Changes in the Organic Law and new reform proposal
According to the original wording of Article 112 of the Organic Law 6/1985, of July 1st, of the Judiciary
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 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 GCJ 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.
According to the modification made by Organic Law 2/2001 of June 21st
Organic Law 2/2001, of June 21, modified article 122 of 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.
Reform proposal of 2012
, minister of Justice, announced in 2012 his intention to change the method of election of the 12 members of the GCJ, 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 the reform, consensual with the PSOE, would contribute to depoliticization justice. The Council of Ministers rejected this project.
Members of the GCJ
The members of the General Council of the Judiciary are the President, the Vice-president and the Members.
Presidents
The President of the GCJ is also the President of the Supreme Court. They are:
