Publication: Governing the Justice System : Spain's Judicial Council
Date
2001-06
ISSN
Published
2001-06
Author(s)
Lopez Guerra, Luis
Abstract
Following the European model, many
developing, and transitional economies have established
councils, independent of other government branches to govern
their judiciaries. Spain's experience illustrates the
issues raised by the creation, and operation of these
entities. It's Constitution states that the Council is
to consist of the president of the Supreme Court who
presides over it, plus twenty individuals, each of whom
serves for five years. It is further required by the
Constitution, that eight members from outside the judiciary
be appointed by a three-fifths majority of Parliament.
Nonetheless, the country's diverse political camps have
differed on the methods for selecting members for the
judiciary: opponents of election by judges cite potential
ideological confrontations within the judiciary, and, the
possible tendency to emphasize the interests of those who
elected them is another factor. While experience suggests
there is no single right answer to the selection of Council
members, it does point to a broader latitude in election
decisions. The note thus examines the core functions of the
Council, as specified by the Constitution. Though not a
court, the Council tasks are managerial, and administrative,
and, develops and implements policies relating specifically
to the organization of the judiciary.
Citation
“Lopez Guerra, Luis. 2001. Governing the Justice System : Spain's Judicial Council. PREM Notes; No. 54. © World Bank, Washington, DC. http://openknowledge.worldbank.org/entities/publication/c3816c04-5c96-5262-a228-cb2f1ff30218 License: CC BY 3.0 IGO.”