The Vice-Presidency of the Supreme Court was created byOrganic Law 4/2013 of 28 June, on reform of the General Council of the Judiciary, amending Organic Law 6/1985 of 1 July, on the Judiciary.

According to the new regulations, the Vice-President of the Supreme Court will serve as acting President of the Supreme Court and of the General Council of the Judiciary in the instances of early termination of the President established by law and until such time as a new President is appointed (Article 590 LOPJ).

Appointment

Article 589 of the Organic Law on the Judiciary, paragraphs 1-4, establishes:

1. In the first ordinary Plenary Session of the General Council of the Judiciary subsequent to the election of the President of the Supreme Court and of the General Council of the Judiciary, the Vice-President of the Supreme Court must be elected.

2. The Vice-President of the Supreme Court will be appointed, via an absolute majority, by the Plenary of the General Council of the Judiciary, at the proposal of the President. In order to be proposed, the category of Magistrate-Judge of the Supreme Court must be held and the candidate must be in active service and meet the requirements to serve as a President of a Chamber within this body.

3. The candidate proposed by the President of the Supreme Court must be communicated to the Members with at least seven days' notice and will be made public.

4. Where an absolute majority is not obtained during voting, the President of the Supreme Court and of the General Council of the Judiciary must propose a new candidate for the position of Vice-President.

Term of office

The Vice-President of the Supreme Court holds the post for five years, unless he or she is terminated by the Plenary of the General Council of the Judiciary with proper justification with a majority vote of three-fifths of the members of the Plenary (Articles 593.2 and 589.5 LOPJ).

Administrative status

The Vice-President of the Supreme Court retains the administrative status of “active service” while he or she holds the post (artículo 593 LOPJ).

Duties

Apart from serving as acting President of the Supreme Court and of the General Council of the Judiciary in the instances of early termination of the President established by law and until such time as a new President is appointed (Article 590 LOPJ), in accordance with the provisions of Article 591 of the Organic Law on the Judiciary:

1. The Vice-President will provide the President of the Supreme Court and of the General Council of the Judiciary with the necessary collaboration to enable him or her to properly carry out their duties. To this end, the Vice-President will substitute the President in event of vacancy, absence, illness or any other legitimate motive.

2. The Vice-President of the Supreme Court, where delegated by the President, may undertake the directorship of the Technical Office within the High Court, or carry out any other functions expressly delegated by the President, where there are grounds.

The Vice-President of the Supreme Court will also be an ex officio member of the Governing Chamber and will be responsible for proposing that the Chamber and the President adopt decisions aimed at ensuring the proper operation of the Supreme Court and overseeing the exact implementation of the resolutions adopted by the Governing Chamber (Article 592 LOPJ).