Advisory Function

Draft bills on law and general dispositions about the following matters will be submit to a General Council of the Judiciary report:

  • Modifications to the Organic Law on the Judiciary.
  • Determination and modification of judicial boundaries, as well as their capital status.
  • Establishment and modification of the official post listings for Judges, Magistrates, Court Registrars and personnel in the employ of the Judicial Administration.
  • Organic statute of judges and magistrates.
  • Organic Statute of Court Registrars and all other personnel at the service of the Judicial Administration.
  • Procedural regulations or regulations that affect juridical and constitutional aspects of legal protection before the courts that relate to the exercising of fundamental rights.
  • Regulations that affect the constitution, organisation, operation and administration of Courts.
  • Criminal laws and regulations relating to the prison system.
  • Any other matter that the Government, Parliament or, where appropriate, the Legislative Assemblies of the Autonomous Regions deem relevant.

The General Council of the Judiciary will issue its report within the non-extendible thirty-day deadline. If the order for remittance contains expressly indicates the urgency of the report, the deadline will be fifteen days. In exceptional circumstances the issuing body will be able to concede a deadline extension depending on the circumstances of the case. This extension shall last fifteen days, except in cases when the order for referral indicates that the report is urgent, in which case the extension shall be ten days.

If a report has not been released within the deadlines stipulated in the previous section, the procedure shall be considered complete.

The Government will send the report to Parliament where it involves draft bills (Article 561 LOPJ).

The Plenary will exclusively approve reports on draft bills or general provisions that are submitted for its judgement by the Government or the legislative Chambers (Article 599.1.12 LOPJ).