Regulatory Authority

The General Council of the Judiciary possesses the following powers: Exercising regulatory authority, within the strict framework of the enactment of the provisions of the Organic Law on the Judiciary, in the following areas:

a) The organisation and operation of the General Council of the Judiciary.

b) The Personnel of the General Council of the Judiciary, within the framework of legislation on public service.

c) The governing bodies of Courts and Tribunals.

d) Public access to judicial proceedings.

e) The publication and reuse of judicial rulings.

f) The determination of working times and setting the times of public hearings.

g) Constituting judicial bodies outside their offices.

h) The specialisation of judicial bodies.

i) The assignation of cases and rapporteur duties.

j) The police duty system applicable to jurisdictional bodies.

k) The organisation and overseeing of the actions of Spanish judicial bodies in terms of internal and international judicial cooperation.

l) Establishing conditions and standards with regards to the compatibility of the computer systems employed by the Judicial Administration.

m) Additional conditions on the exercise of the rights and duties that constitute the statute for Judges and Magistrates, along with the legal system governing Judicial Associations; however, such regulatory action cannot in any way amend or alter legislative regulation.

 The regulatory provisions of the General Council of the Judiciary cannot in any way affect or regulate, either directly or indirectly, the rights and duties of individuals who do not form a part of the judiciary.

The draft bills of implementing regulations will be submitted to the professional associations of Judges and Magistrates for their reports and to other professional corporations and associations that are the legally recognised representatives of interests that might be affected. The State Administration will be afforded the opportunity to intervene via the Ministry of Justice, as will the Autonomous Regions, where they possess competencies relating to the content of the regulation or where their competencies are to be coordinated with those held by the General Council. The prior consultations and studies that are deemed necessary will be carried out, and a report on the legality of the bill will be issued.

In all cases, a prior report on the impact of gender will be drawn up.

The State Prosecutor's Office will be heard when it is affected by matters addressed in the project and especially in the cases outlined in letters d) and f) to j) from section 1.16. of article 560. (Arts. 560 1.16ª y 560.2)

The exercise of statutory authority under the terms provided for in the Organic Law on the Judiciary [LOPJ] corresponds to the plenary session (Art 599.7 LOPJ).

The Regulations passed by the General Council of the Judiciary will be published in the Official State Gazette. (Art 635.1 LOPJ)