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Type a law, a topic, a person or a province.

What it is

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

Admitted step 2 of 7 · Withdrawn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 16 October 2020. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill for an Organic Law amending Organic Law 6/1985, of 1 July, on the Judiciary, for the reform of the procedure for the election of the members of the General Council of the Judiciary.

Source: Congreso de los Diputados, file 122/000091· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would make the twelve Council members who come from the judicial career be elected by all serving judges and magistrates, through a personal, equal, direct and secret vote, with mail-in voting and a single nationwide district. This would restore the system of 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 It needs an absolute majority in the Congreso: 176 votes. 1/1980, which is now repealed.
  2. The Council would keep its current makeup: the President of the Supreme Court plus twenty members appointed by the King for five years, twelve of them judges or magistrates and eight jurists proposed by the Congress and the Senate by a three-fifths majority. Each chamber would also elect three substitutes for each category.
  3. Candidates for the judicial seats would run on complete, open lists, backed by 10 % of voters (including at least 5 % of each category) or by a legally established professional association. No one could back more than one list.
  4. Those not in active service, members of the outgoing Council (except the President of the Supreme Court), staff of the Council's technical bodies, and members of the Electoral Board could not run, unless they give up their seat on the Board to stand.
  5. An Electoral Board made up of Supreme Court magistrates would call and organize the elections, count the votes and announce the results. Its decisions could be appealed before the Supreme Court.
  6. If either chamber fails to elect its jurist members on time, the new Council would still be formed with the twelve judicial members and the outgoing members from that chamber, who would stay on in an acting role. The law would take effect the day after its publication in the Official State Gazette.

Who it affects

  • Serving judges and magistrates: They would vote to elect the twelve judicial members of the General Council of the Judiciary and could run if they meet the requirements.
  • Congress of Deputies and Senate: They would keep electing the eight jurist members by a three-fifths majority, but would lose their current role in choosing the judicial members.
  • General Council of the Judiciary (Consejo General del Poder Judicial): Its renewal process and the origin of most of its members would change, with most members coming from internal elections among judges.
  • Judicial associations: They could endorse candidate lists for the judicial seats as an alternative to the 10 % voter endorsement.

Words worth knowing

Consejo General del Poder Judicial (CGPJ)
The governing body of Spain's courts: it appoints, promotes and oversees judges.
Vocal
Each of the twenty members who sit on the General Council of the Judiciary.
Carrera judicial
The judicial career, meaning the body of judges and magistrates who serve as civil servants in the justice system.
Ley orgánica
Organic law, a special type of law reserved for major matters such as the judiciary, requiring an absolute majority in Congress to pass.
Turno judicial y turno de juristas
The two routes to becoming a Council member: one reserved for judges and magistrates, the other for lawyers and other jurists.
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.
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 withdrawn.

  1. Introduced16 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 2020Dec 202111. 16 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 08/09/202266. 8 September 2022: Concluido - (Retirado) desde 08/09/2022 hasta 12/09/2022

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.

It was presented again:

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.