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What it is

Bill to fill civil and penal judge posts through a merit contest

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 17 August 2023. Introduced by: Comunidad de Madrid - Asamblea.

Official title: Private member's bill amending Organic Law 6/1985, of July 1, on the Judiciary, and Law 38/1988, of December 28, on Judicial Districts and Staffing (corresponding to file number 125/000021/0000 of the XIV Legislature).

Follow this law

Source: Congreso de los Diputados, file 125/000003· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would have the General Council of the Judiciary directly choose the judges of the civil and penal chambers of the High Courts of Justice, considering only merit and ability.
  2. It would amend Article 330 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 so these posts are filled through a contest: candidates must have ten years in the rank and in the civil or penal field, show special knowledge of the region's own civil law, and rank highest on the career list.
  3. It would amend the Judicial Demarcation and Staffing Law to remove the reference to the shortlist of three candidates proposed by the regional legislature for these appointments.
  4. The first article would be an organic law and the second an ordinary law. The bill relies on the State's exclusive power over the Administration of Justice and would take effect the day after publication in the Official State Gazette.

Words worth knowing

Tribunal Superior de Justicia
The highest court of a Spanish region within the Spanish court system.
Escalafón
Ranked list of judges ordered by seniority and merit.
Concurso
Selection system that compares candidates based on merit and ability.
Ley orgánica
A type of Spanish law reserved for major matters, requiring special majorities to pass.
Terna
A shortlist of three candidates from which one is chosen.
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 rejected.

  1. Introduced17 August 2023Someone registers the text in the Congreso.
  2. Admitted5 September 2023The 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 2023Dec 202311. 17 August 2023: Presentación22. 5 September 2023: Boletín Oficial de las Cortes Generales Publicación desde 05/09/2023 hasta 08/09/202333. 5 September 2023: Calificación44. 8 September 2023: Gobierno Contestación desde 08/09/2023 hasta 16/10/202355. 16 October 2023: Pleno Toma en consideración desde 16/10/2023 hasta 12/03/202466. 12 March 2024: Concluido - (Rechazado) desde 12/03/2024 hasta 18/03/2024

12 March 2024

How did the plenary vote?

More votes against 169 yes · 174 no · 1 abst.

Voted on: Private member's bill of the Madrid Assembly, on the amendment of Organic Law 6/1985, of July 1, on the Judicial Power, and Law 38/1988, of December 28, on Judicial Districts and Staffing (corresponds to file number 125/000021/0000 of the XIV Legislature).

Source: Congreso de los Diputados, vote 1 of sitting 27· 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 Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Plurinacional SUMAR, Republicano, Socialista, Vasco (EAJ-PNV), Junts per Catalunya and Mixto. 2 deputies voted differently from their group.

By province: in 30 most voted in favour; in 11, against.

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

  • In favour: 30
  • Against: 11
  • Tie: 11
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
6 against
Plurinacional SUMAR27
25 against · 2 did not vote
Republicano7
7 against
Socialista120
119 against · 1 did not vote
Vasco (EAJ-PNV)5
5 against
Junts per Catalunya7
7 against
Mixto8
1 in favour · 5 against · 1 abst. · 1 did not vote
Popular en el Congreso137
135 in favour · 2 did not vote
VOX33
33 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.

Read the full method · Report an error