Governing the Justice System : Spain's Judicial Council

Governing the Justice System : Spain's Judicial Council

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 op...

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Bibliographic Details
Main Author:	Lopez Guerra, Luis
Format:	Brief
Language:	English
Published:	World Bank, Washington, DC 2012
Subjects:	JUDICIAL SYSTEM JUDICIAL PROCESS INDEPENDENT JUDICIARY CONSTITUTIONAL LAW SELECTION OF JUDGES JUDICIAL ADMINISTRATION JUDICIAL PERFORMANCE PARLIAMENTARY LEGISLATORS POLITICAL BIAS ACCOUNTABILITY ATTORNEYS AUTHORITY CONSENSUS CONSTITUTION COUNCILS COURT SYSTEM DISCIPLINARY SANCTIONS ELECTION ELECTIONS ELECTORAL PROCESS EXECUTIVE BRANCH GOVERNMENT AGENCIES JUDGES JUDICIAL REFORM JUDICIARY JURISTS JUSTICE LEGAL INSTITUTIONS LEGAL PROFESSIONALS LEGISLATION LEGISLATIVE POWER LEGITIMACY OPPOSITION PARTIES PARLIAMENT POLITICAL PARTIES POLITICAL RESPONSIBILITY PRESIDENCY PUBLIC CONTROVERSY PUBLIC SECTOR SENATE
Online Access:	http://documents.worldbank.org/curated/en/2001/06/2013071/governing-justice-system-spains-judicial-council http://hdl.handle.net/10986/11383

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Summary:	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.