What the Judicial Council can do while serving in a caretaker role

Automatic summary, not yet reviewed

1. For the first time, the law sets out what the General Council of the Judiciary can do when its term ends without a renewal. In that situation, its activity is limited to a closed list of tasks, such as taking part in selecting judges, deciding on promotions and discipline, inspecting the courts, or drafting its own budget.
2. The caretaker Council loses key powers: it cannot propose the appointment of senior judicial officials, such as the President of the Supreme Court, the Presidents of the Audiencias, or the Magistrates of the Constitutional Court. It also cannot appoint the Director of the Judicial School, the Vice President of the Supreme Court, or similar positions.
3. Despite these limits, the caretaker Council may still do whatever is essential to keep the body running normally so that the justice system does not come to a standstill.
4. While the Council is in a caretaker role, its President cannot dismiss the Secretary General or the Deputy Secretary General of the Council.

Who it affects

• Members of the General Council of the Judiciary: When their term ends without renewal, they serve in a caretaker role and can only perform the tasks the law allows in that situation.
• Judges and Magistrates: The caretaker Council still handles their training, postings, promotions, and discipline, but not appointments to senior positions.
• The general public: People can still file complaints about the justice system with the Council, even while it serves in a caretaker role.
• The Government: It must still hear the caretaker Council before appointing the State Attorney General.

Words worth knowing

Consejo General del Poder Judicial (General Council of the Judiciary)

The body that governs Spain's courts and safeguards judicial independence. It consists of the President of the Supreme Court and twenty members appointed for five years.

Vocales

The twenty members who, together with the President, make up the General Council of the Judiciary.

Consejo en funciones (caretaker Council)

The situation in which the Council keeps operating after its five-year term has ended because new members have not yet been appointed.

Ley Orgánica (Organic Law)

A special type of Spanish law, reserved for major matters such as fundamental rights or the organization of the judiciary, requiring a supermajority in Congress to pass.

Potestad reglamentaria (regulatory power)

The ability to issue implementing rules on certain matters, always respecting existing laws.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries