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What it is

The acting judicial council can nominate Constitutional Court judges

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 24 June 2022. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill amending articles 570 bis and 599 of Organic Law 6/1985, of July 1, on the Judiciary.

Follow this law

Source: Congreso de los Diputados, file 122/000239· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law amends the 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. of the Judiciary so that the General Council of the Judiciary, even while acting in a caretaker capacity, can propose the appointment of two judges to the Constitutional Court.
  2. The reason is that the earlier rules for the acting council removed that power, which could make it hard to renew the Constitutional Court.
  3. The proposal for those two judges requires a three-fifths majority and must be made within a maximum of three months, counting from the day after the previous term ended.
  4. The law takes effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • The General Council of the Judiciary (Consejo General del Poder Judicial): It can propose two judges to the Constitutional Court even while acting in a caretaker capacity.
  • The Constitutional Court (Tribunal Constitucional): It can complete its renewal with the two judges proposed by the council.
  • The Congress and the Senate: Their powers do not change, but the law affects the overall system of nominations to the Constitutional Court.

Words worth knowing

Consejo General del Poder Judicial en funciones
The situation where the body that governs judges keeps operating after the deadline to renew its members has passed.
Vocales
Members of the General Council of the Judiciary.
Mayoría de tres quintos
Three-fifths majority: at least three out of every five members must vote in favor.
Ley orgánica
A special type of Spanish law, reserved for major matters, that requires enhanced majorities to pass.
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.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced24 June 2022Someone registers the text in the Congreso.
  2. Admitted28 June 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments13 July 2022Groups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary13 July 2022All 350 deputies vote.
  6. Senate14 July 2022The Senate can pass it, amend it or veto it.
  7. BOE20 July 2022It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Jun 2022Jul 2022Jul 2022Jul 2022Jul 202211. 24 June 2022: Presentación22. 28 June 2022: Boletín Oficial de las Cortes Generales Publicación desde 28/06/2022 hasta 01/07/202233. 28 June 2022: Calificación44. 1 July 2022: Gobierno Contestación desde 01/07/2022 hasta 04/07/202255. 4 July 2022: Pleno Toma en consideración desde 04/07/2022 hasta 13/07/202266. 13 July 2022: Pleno Enmiendas desde 13/07/2022 hasta 13/07/202277. 13 July 2022: Pleno Aprobación desde 13/07/2022 hasta 14/07/202288. 14 July 2022: Senado desde 14/07/2022 hasta 20/07/202299. 20 July 2022: Concluido - (Aprobado con modificaciones) desde 20/07/2022 hasta 18/10/2022

14 July 2022

How did the plenary vote?

More votes in favour 187 yes · 152 no · 7 abst.

Voted on: Overall vote on the Private member's bill amending article 570 bis of Organic Law 6/1985, of July 1, on the Judiciary, processed in a single reading and having organic initiative, with the incorporation of distributed technical corrections.

This law had 7 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 179 of sitting 195· updated 10 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 Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-gc and GPlu. Against, most of Ciudadanos, Popular en el Congreso and VOX. 11 deputies voted differently from their group.

By province: in 21 most voted in favour; in 18, against.

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

  • In favour: 21
  • Against: 18
  • Tie: 13
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
11 in favour · 2 did not vote
Socialista120
120 in favour
Vasco (EAJ-PNV)6
6 in favour
Mixto11
5 in favour · 4 against · 2 abst.
Ciudadanos9
9 against
Gcup-ec-gc33
33 in favour
GPlu12
7 in favour · 5 abst.
Popular en el Congreso88
88 against
VOX52
51 against · 1 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 8/2022, of July 27, amending articles 570 bis and 599 of Organic Law 6/1985, of July 1, on the Judiciary.

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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