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What it is

Bill to repeal the 2013 reform of the judges' governing body

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 22 November 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Organic private member's bill repealing Organic Act 4/2013, of 28 June, amending the General Council of the Judiciary, which modifies Organic Act 6/1985, of 1 July, on the Judiciary.

Follow this law

Source: Congreso de los Diputados, file 122/000148· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 4/2013, which reformed the General Council of the Judiciary (Consejo General del Poder Judicial), together with all its implementing rules.
  2. It would restore the Organic Law on the Judiciary in the wording in force before the 2013 reform, along with the previous regulatory rules.
  3. The day after the law takes effect, the Council's Plenary would be called to immediately adapt the name and composition of all its bodies to the Organic Law on the Judiciary.
  4. The provision is issued under the State's exclusive authority over the administration of justice, that is, the creation, operation and government of the courts.
  5. The law would take effect the day after its publication in the Official State Gazette regarding the renewal, designation and election of the Council's members and its constitution. The previous Title VIII of the Organic Law on the Judiciary would fully apply again from the day the first Council is constituted under the new rules.
  6. The explanatory statement argues that the current Council has lost autonomy, its appointment policy is widely criticized, and power has shifted from the Plenary to the president and the Permanent Commission.

Who it affects

  • Judges and magistrates: The rules in place before the 2013 reform would govern their governing body again, including discipline and appointments.
  • Current and future members of the General Council of the Judiciary: The composition and operation of its bodies would change, returning to the previous model.
  • The general public: The bill aims, according to the text, to strengthen judicial independence and trust in judicial appointments.

Words worth knowing

Consejo General del Poder Judicial (CGPJ)
The governing body of Spanish judges. It handles, among other things, appointments, promotions, inspections and discipline.
Ley orgánica (organic law)
A type of Spanish law reserved for major matters, such as the judiciary, requiring a stricter approval process.
Derogar (repeal)
To invalidate a law so that it no longer applies.
Vocales (members)
The members of the General Council of the Judiciary, apart from its president.
Pleno (Plenary)
The body formed by all members of an institution when they meet together to make decisions.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. 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 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced22 November 2017Someone registers the text in the Congreso.
  2. Admitted28 November 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 22 November 2017: Presentación22. 28 November 2017: Boletín Oficial de las Cortes Generales Publicación desde 28/11/2017 hasta 01/12/201733. 28 November 2017: Calificación44. 1 December 2017: Gobierno Contestación desde 01/12/2017 hasta 10/02/201855. 10 February 2018: Pleno Toma en consideración desde 10/02/2018 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

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.

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