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What it is

Bill would let judges elect the judicial members of the judges' council

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 19 October 2020. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Organic Private member's bill to reform Organic Law 6/1985, of 1 July, on the Judiciary, to reinforce the independence of the Judiciary, and to reform Law 50/1981, of 30 December, regulating the Organic Statute of the Public Prosecutor's Office, to guarantee the impartiality of its actions.

Source: Congreso de los Diputados, file 122/000092· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change how the twelve judicial members of the General Council of the Judiciary are chosen: instead of being appointed by Congress and the Senate, they would be elected directly by and among all serving judges, through a free, personal, equal, direct and secret vote in a single nationwide district.
  2. Candidates for the judicial seats would need the backing of one hundred serving judges or of a judicial association, and people who held a political or politically trusted position in the previous ten years could not run. The same ten-year political ban would apply to the jurist seats, and serving judges could not be chosen as jurist members either.
  3. Before appointment, candidates would have to appear before the Appointments Committee of each chamber, in a public hearing, with a record of merits and goals so their prestige and suitability can be assessed.
  4. The bill would require a three-fifths majority of the Council for more appointments: Supreme Court presidents and judges, presidents and panel presidents of the National Court and the High Courts of Justice, presidents of Provincial Courts, the Supreme Court vice president, and the judge overseeing CNI activities. It would also recreate the Qualification Committee, which would report on all appointments made by the full Council.
  5. It would abolish the figure of the regional judge (magistrado autonómico), who was appointed at the proposal of regional parliaments, though those already in office could stay until retirement or early removal.
  6. On the Public Prosecutor's office: no one who held a political or politically trusted position in the previous ten years could be proposed as State Attorney General, the Council would issue a report on the candidate's suitability, the Attorney General could be recused, prosecutor appointments would need three-fifths of the Prosecution Council, and the Attorney General's reports to the Government would be published in the annual report, with simultaneous notice to Congress.

Who it affects

  • Judges and magistrates: They would directly elect the twelve judicial members of the Council and could run with the required endorsements.
  • Members of the General Council of the Judiciary: They would need three-fifths majorities for many appointments and would regain the Qualification Committee.
  • Congress and the Senate: They would lose the power to appoint the judicial members and would receive notice of the Attorney General's reports to the Government.
  • The State Attorney General and prosecutors: New suitability requirements, possible recusal, and qualified majorities for appointments.
  • Regional parliaments: They would no longer propose regional judges for the civil and criminal panels of the High Courts of Justice.

Words worth knowing

Consejo General del Poder Judicial
The body that governs the Spanish judiciary and safeguards judges' independence.
Vocal
Each of the twenty members of the General Council of the Judiciary.
Turno judicial and turno de juristas
The two origins of the members: serving judges, or jurists of recognized standing.
Ministerio Fiscal
The Public Prosecutor's office, the state body that defends legality and citizens' rights in court proceedings.
Recusación
Formally asking that a person involved in a case be barred from taking part for lack of impartiality.

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. Introduced19 October 2020Someone registers the text in the Congreso.
  2. Admitted27 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 2021Jun 202111. 19 October 2020: Presentación22. 27 October 2020: Boletín Oficial de las Cortes Generales Publicación desde 27/10/2020 hasta 30/10/202033. 27 October 2020: Calificación44. 30 October 2020: Gobierno Contestación desde 30/10/2020 hasta 10/12/202055. 10 December 2020: Pleno Toma en consideración desde 10/12/2020 hasta 21/09/202166. 21 September 2021: Concluido - (Rechazado) desde 21/09/2021 hasta 27/09/2021

21 September 2021

How did the plenary vote?

More votes against 154 yes · 190 no

Voted on: Organic Private Member's Bill from the Popular Parliamentary Group in the Congress, to reform Organic Law 6/1985, of July 1, on the Judiciary, to strengthen the independence of the Judiciary, and to reform Law 50/1981, of December 30, regulating the Organic Statute of the Public Prosecutor's Office, to guarantee the impartiality of its actions.

Source: Congreso de los Diputados, vote 2 of sitting 117· 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 Mixto, Ciudadanos, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Gcup-ec-gc and GPlu. 3 deputies voted differently from their group.

By province: in 20 most voted in favour; in 21, against.

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

  • In favour: 20
  • Against: 21
  • Tie: 11
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
4 against · 1 did not vote
Republicano13
11 against · 2 did not vote
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto10
5 in favour · 3 against · 2 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc35
35 against
GPlu12
11 against · 1 did not vote
Popular en el Congreso88
88 in favour
VOX52
52 in favour

What happens next

What happens now?

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

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.