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What it is

Immediate end of term for Judicial Council members once their term expires

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 9 September 2022. Introduced by: Grupo Parlamentario Plural.

Official title: Private member's bill for an Organic Law amending Article 570 of Organic Law 6/1985, of 1 July, on the Judiciary, for the immediate cessation of all functions of the members of the General Council of the Judiciary once their term has ended.

Follow this law

Source: Congreso de los Diputados, file 122/000252· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend Article 570 of 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. on the Judiciary. If, on the day the new Council holds its first session, either chamber has not yet elected the members it must appoint, and the five-year term has ended, all Council members would immediately leave all their positions.
  2. Members who leave would lose all the privileges of the office, including the pay provided in Article 584 bis.
  3. Until new members are elected, only three outgoing members (the oldest, the youngest, and the one who joined last) would handle strictly administrative and disciplinary functions. This reduced body could not make appointments, be heard by the Government before appointing the State Attorney General, raise a jurisdictional dispute between constitutional bodies, issue reports on compensation cases, or prepare the reports under Article 561.
  4. The bill would repeal Article 570 bis of the Organic Law on the Judiciary, which had limited the functions of the Council acting in a caretaker capacity.

Who it affects

  • Members of the General Council of the Judiciary (Consejo General del Poder Judicial) whose term has expired: They would immediately leave office once the five-year term ends, with no extension, and would lose their privileges and pay.
  • Outgoing members chosen for the interim body: Three of them would handle only administrative and disciplinary tasks, expressly barred from making appointments or issuing reports.
  • The chambers of Parliament (Congress and Senate): They would need to elect their appointees before the new Council's first session to avoid the automatic removal of current members.
  • The Government and the State Attorney General: The interim Council could not be heard before the appointment nor raise a jurisdictional dispute.

Words worth knowing

Consejo General del Poder Judicial
The governing body of Spanish judges: it handles appointments, promotions, inspections, and discipline.
Vocales
The individual members who make up the General Council of the Judiciary.
Derogar
To repeal, that is, to make a law or part of it no longer valid.
Conflicto de atribuciones
A procedure to resolve disputes over which constitutional body holds a given power.
Responsabilidad patrimonial
The right to compensation for damage caused by the abnormal functioning of the justice system.
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 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 unfinished.

  1. Introduced9 September 2022Someone registers the text in the Congreso.
  2. Admitted13 September 2022The 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
Sept 2022Dec 2022Mar 202311. 9 September 2022: Presentación22. 13 September 2022: Boletín Oficial de las Cortes Generales Publicación desde 13/09/2022 hasta 16/09/202233. 13 September 2022: Calificación44. 16 September 2022: Gobierno Contestación desde 16/09/2022 hasta 24/10/202255. 24 October 2022: Pleno Toma en consideración desde 24/10/2022 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

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.

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