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What it is

Judicial reform to save money and use fewer substitute judges

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 11 October 2012. Introduced by: Gobierno.

Official title: Organic Law Bill on budget efficiency measures in the Administration of Justice, amending Organic Law 6/1985, of July 1, on the Judiciary.

Source: Congreso de los Diputados, file 121/000030· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law wants almost all court rulings to be issued by career judges, with substitute judges and standby magistrates used only exceptionally.
  2. To cover absences and vacancies in multi-member courts, a calling order is set: first volunteer career judges, then territorially assigned judges and others, and only last, if budget allows, non-career standby magistrates.
  3. In single-judge courts, annual substitution plans are created for judges who volunteer, with schedules and rotations that avoid overlapping hearings. Judges' assemblies draft the plans and the General Council of the Judiciary (Consejo General del Poder Judicial) approves them.
  4. The Judicial School will have three phases: theory, supervised internships, and a period in which trainee judges perform substitutions and reinforcements. Each phase must be passed to move to the next.
  5. Approved applicants without a post are renamed from jueces adjuntos to jueces en expectativa de destino (judges awaiting assignment), and they take priority over substitute judges in call-ups.
  6. Professional substitutions will be paid, at 80% of the destination allowance of the court being substituted. Vacation, leave and sick pay rules for judges and court staff are also revised.

Who it affects

  • Judges and magistrates: They can do paid voluntary substitutions and reinforcements, and their vacation, leave and sick pay rules change.
  • Judge applicants: Their training at the Judicial School now has three phases, and those without a post become judges awaiting assignment.
  • Substitute judges and standby magistrates: They will be called only exceptionally and if there is budget.
  • Court staff of the Administration of Justice: Their vacation, leave and sick pay are adjusted, and the December 2012 extra pay is suspended.
  • The general public: Court rulings will almost always be issued by professional judges.

Words worth knowing

Magistrado suplente
A retired judge or person outside the judicial career called to complete panels in multi-member courts.
Juez sustituto
A person not permanently in the judicial career who temporarily covers a judge's absence or vacancy.
Comisión de servicios
A temporary assignment by which a judge performs duties in another court without leaving their own.
Órganos unipersonales
Courts with a single judge, as opposed to multi-member collegiate courts.
Señalamientos
Trials and hearings already scheduled on a court's calendar.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced11 October 2012Someone registers the text in the Congreso.
  2. Admitted16 October 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments19 October 2012Groups propose changes.
  4. Committee12 November 2012A committee goes through the text in detail.
  5. Plenary26 November 2012All 350 deputies vote.
  6. Senate29 November 2012The Senate can pass it, amend it or veto it.
  7. BOE20 December 2012It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Oct 2012Oct 2012Oct 2012Nov 2012Nov 2012Nov 2012Nov 2012Dec 2012Dec 2012Dec 201211. 11 October 2012: Presentación22. 16 October 2012: Comisión de Justicia Publicación desde 16/10/2012 hasta 19/10/201233. 16 October 2012: Calificación44. 19 October 2012: Comisión de Justicia Enmiendas desde 19/10/2012 hasta 16/11/201255. 9 November 2012: Comisión de Justicia Mesa - Calificación desde 09/11/2012 hasta 12/11/201266. 12 November 2012: Comisión de Justicia Debate de totalidad desde 12/11/2012 hasta 15/11/201277. 16 November 2012: Comisión de Justicia Informe desde 16/11/2012 hasta 20/11/201288. 20 November 2012: Comisión de Justicia Dictamen desde 20/11/2012 hasta 26/11/201299. 26 November 2012: Pleno Aprobación desde 26/11/2012 hasta 29/11/20121010. 29 November 2012: Senado desde 29/11/2012 hasta 20/12/20121111. 20 December 2012: Concluido - (Aprobado con modificaciones) desde 20/12/2012 hasta 22/01/2013

29 November 2012

How did the plenary vote?

More votes in favour 178 yes · 124 no

Voted on: Vote on the whole of the Government bill as it has an organic character.

This law had 26 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 25 of sitting 74· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP and GUPyD. 1 deputy voted differently from their group.

By province: in 38 most voted in favour; in 5, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 38
  • Against: 5
  • Tie: 9
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
92 against · 18 did not vote
Vasco (EAJ-PNV)5
1 against · 4 did not vote
Mixto18
1 in favour · 5 against · 12 did not vote
GC-CiU16
11 against · 5 did not vote
GIP11
10 against · 1 did not vote
GUPyD5
5 against
Popular en el Congreso185
177 in favour · 8 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 8/2012, of December 27, on budget efficiency measures in the Administration of Justice, amending Organic Law 6/1985, of July 1, on the Judiciary.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.