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What it is

Bill to change how the governing judicial council is chosen

Admitted step 2 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 13 October 2020. Introduced by: Grupo Parlamentario Socialista Grupo Parlamentario Confederal de Unidas Podemos-En Comú Podem-Galicia en Común.

Official title: Private member's bill amending Organic Law 6/1985, of 1 July, on the Judiciary, to reform the procedure for the election of the Judges of the Council of the Judiciary corresponding to the judicial turn and to establish the legal regime applicable to the General Council of the Judiciary in office.

Follow this law

Source: Congreso de los Diputados, file 122/000090· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill changes how the six council members who come from the judicial career are elected. If no chamber reaches a three-fifths majority in the first vote, a new vote is held 48 hours later and an absolute majority Half of all the members of the chamber plus one: 176 of 350 in the Congreso. is enough.
  2. If a chamber has not elected any of its members when the new council is to be formed, the council is made up of the ten members chosen by the other chamber plus outgoing members previously chosen by the chamber that missed the deadline. The bill also covers the case where both chambers have only elected the members from the judicial career.
  3. It creates a legal regime for the council when it serves past its term without renewal. In that case it could only carry out a closed list of tasks, such as taking part in selecting judges, training, disciplinary matters or court inspections, and it could not propose key appointments such as the Chief Justice of the Supreme Court or Constitutional Court judges.
  4. The outgoing council could also take actions indispensable for its ordinary operation, and its President could not dismiss the Secretary General or Deputy Secretary General.
  5. A late appointment of members would not extend their term beyond the five years of the council they were appointed to, and a later appointment cannot be used to review decisions already taken by the new council.
  6. The bill would be an 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., issued under the State's jurisdiction over the administration of justice, and would take effect the day after its publication in the official state gazette.

Words worth knowing

Vocal
Each of the twenty members of the General Council of the Judiciary.
Turno judicial
The council members who must come from the judicial career, that is, current or former judges.
Mayoría de tres quintos
Three-fifths majority: the votes of three out of every five members of the chamber are needed.
Mayoría absoluta
Absolute majority: more than half of the votes of the chamber's members.
Consejo en funciones
The council that remains in office when its five-year term ends without a new one being appointed.
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.
absolute majority
Half of all the members of the chamber plus one: 176 of 350 in the Congreso.

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 withdrawn.

  1. Introduced13 October 2020Someone registers the text in the Congreso.
  2. Admitted20 October 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
Dec 2020Mar 202111. 13 October 2020: Presentación22. 20 October 2020: Boletín Oficial de las Cortes Generales Publicación desde 20/10/2020 hasta 23/10/202033. 20 October 2020: Calificación44. 23 October 2020: Gobierno Contestación desde 23/10/2020 hasta 01/12/202055. 1 December 2020: Pleno Toma en consideración desde 01/12/2020 hasta 05/05/202166. 5 May 2021: Concluido - (Retirado) desde 05/05/2021 hasta 07/05/2021

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?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

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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