The National Commission for Judicial Statistics originates from article 461.3 of the Organic Law on the Judiciary, which stipulates that:

The National Commission for Judicial Statistics, formed by the Ministry of Justice, representatives of the Autonomous Regions with competencies in the area, the General Council of the Judiciary and the State General Prosecutor's Office, will approve the general and special statistical plans of the Judicial Administration and will establish uniform criteria which must be universally adhered to for the gathering, computer-based processing, transmission and mining of statistical data within the Spanish judicial system.

The structure, composition and functions of the National Commission for Judicial Statistics are regulated by Royal Decree 1184/2006, of 13 October.  The Commission acts through the Plenary Session and through the Technical Committee and its presidency and secretariat rotates, for a two-year period, between the Ministry of Justice and the General Council of the Judiciary. The National Commission for Judicial Statistics was formally established on 17 May 2007.