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What it is

Proposal to let judges choose the judicial members of the CGPJ The General Council of the Judiciary, the body that governs judges: appointments, promotions and discipline.

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 February 2020. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Organic Private member's bill amending Organic Law 6/1985, of July 1, on the Judiciary, for the reinforcement of judicial independence.

Source: Congreso de los Diputados, file 122/000034· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the Citizens parliamentary group (Grupo Parlamentario Ciudadanos) and admitted for processing in the Congress of Deputies, is not an approved law. It would change how the twelve judicial members of the General Council of the Judiciary are chosen: instead of being appointed by the Congress and the Senate, they would be elected directly by serving judges and magistrates through a personal, equal, direct and secret vote, with a single nationwide district and open lists.
  2. For the eight jurist members, the bill keeps their election by the Cortes Generales (four proposed by the Congress and four by the Senate, by a three-fifths majority), but adds that candidates must appear before the relevant committees so their merits and suitability can be assessed in a public hearing. It also limits any member to two consecutive terms.
  3. The bill would have judicial leadership posts, such as presidents of provincial courts, superior courts of justice and the National Court, elected by vote of the magistrates, and Supreme Court seats filled through merit-based competitions with objective scoring and a public defense of each candidate's merits.
  4. It creates a Professional Evaluation Commission within the General Council of the Judiciary, made up of four members, which would periodically assess the performance of all judges and magistrates using data such as the quality of rulings, the percentage of overturned decisions and average resolution times.
  5. It limits the so-called revolving door: a judge who has been on leave to run in elections or to take a freely appointed public office could not return to the judiciary until two years have passed since leaving that post, and on returning would have to step aside from cases where political parties they were linked to are parties to the case.
  6. Government Secretaries and Coordinating Secretaries would no longer be freely appointed and would instead be chosen through merit-based competitions with public calls. The law would enter into force the day after its publication in the Official State Gazette, and the Council would have six months to issue the regulations needed to implement it.

Who it affects

  • Judges and magistrates: They would directly elect the twelve judicial members of the Council and court presidents, and their promotion would be governed by merit competitions and performance reviews.
  • Members of the General Council of the Judiciary: They would work on an exclusive basis, serve at most two consecutive terms and receive a single salary set in the State Budget Law.
  • Jurists and lawyers: They could join the Council's jurist slate and Supreme Court magistrate seats, with a prior public hearing and experience requirements.
  • Congress and Senate: They would stop appointing the twelve judicial members and would only choose the eight jurist members.
  • Court clerks (Letrados de la Administración de Justicia): Government Secretaries and Coordinating Secretaries would be chosen by merit competition instead of free appointment.

Words worth knowing

Consejo General del Poder Judicial (CGPJ)
The body that governs judges in Spain: it oversees their training, promotions and disciplinary system.
Vocal
Each of the twenty members that make up the General Council of the Judiciary.
Concurso de méritos
A system for filling a post by objectively comparing the merits of the candidates.
Puertas giratorias (revolving door)
Movement of a judge or public official into another public or private post, with a possible conflict of interest.
Tres quintos (three-fifths)
A reinforced majority: three out of five votes, required to appoint Council members.
CGPJ
The General Council of the Judiciary, the body that governs judges: appointments, promotions and discipline.

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 rejected.

  1. Introduced18 February 2020Someone registers the text in the Congreso.
  2. Admitted25 February 2020The 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
Mar 2020Jun 202011. 18 February 2020: Presentación22. 25 February 2020: Boletín Oficial de las Cortes Generales Publicación desde 25/02/2020 hasta 28/02/202033. 25 February 2020: Calificación44. 28 February 2020: Gobierno Contestación desde 28/02/2020 hasta 29/04/202055. 29 April 2020: Pleno Toma en consideración desde 29/04/2020 hasta 22/09/202066. 22 September 2020: Concluido - (Rechazado) desde 22/09/2020 hasta 29/09/2020

22 September 2020

How did the plenary vote?

More votes against 152 yes · 174 no · 19 abst.

Voted on: Private member's bill by the Ciudadanos Parliamentary Group, Organic bill amending Organic Law 6/1985, of July 1, on the Judiciary, for the reinforcement of judicial independence.

Source: Congreso de los Diputados, vote 2 of sitting 43· updated 11 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 Ciudadanos, Popular en el Congreso and VOX. Against, most of Republicano, Socialista, Vasco (EAJ-PNV) and Gcup-ec-gc. 2 deputies voted differently from their group.

By province: in 21 most voted in favour; in 19, against.

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

  • In favour: 21
  • Against: 19
  • Tie: 12
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 abst.
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto9
4 in favour · 4 abst. · 1 did not vote
Ciudadanos10
10 in favour
Gcup-ec-gc35
34 against · 1 did not vote
GPlu12
1 in favour · 1 against · 10 abst.
Popular en el Congreso88
87 in favour · 1 did not vote
VOX52
50 in favour · 2 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Presented before in:

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.