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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World Bank, Washington, DC
2012
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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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okr-10986-113832021-06-14T11:01:30Z Governing the Justice System : Spain's Judicial Council Lopez Guerra, Luis 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 JUDICIAL SYSTEM JUDICIARY JURISTS JUSTICE LEGAL INSTITUTIONS LEGAL PROFESSIONALS LEGISLATION LEGISLATIVE POWER LEGITIMACY OPPOSITION PARTIES PARLIAMENT POLITICAL PARTIES POLITICAL RESPONSIBILITY PRESIDENCY PUBLIC CONTROVERSY PUBLIC SECTOR SENATE 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. 2012-08-13T14:55:06Z 2012-08-13T14:55:06Z 2001-06 http://documents.worldbank.org/curated/en/2001/06/2013071/governing-justice-system-spains-judicial-council http://hdl.handle.net/10986/11383 English PREM Notes; No. 54 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Brief Publications & Research Europe and Central Asia Spain |
repository_type |
Digital Repository |
institution_category |
Foreign Institution |
institution |
Digital Repositories |
building |
World Bank Open Knowledge Repository |
collection |
World Bank |
language |
English |
topic |
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 JUDICIAL SYSTEM JUDICIARY JURISTS JUSTICE LEGAL INSTITUTIONS LEGAL PROFESSIONALS LEGISLATION LEGISLATIVE POWER LEGITIMACY OPPOSITION PARTIES PARLIAMENT POLITICAL PARTIES POLITICAL RESPONSIBILITY PRESIDENCY PUBLIC CONTROVERSY PUBLIC SECTOR SENATE |
spellingShingle |
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 JUDICIAL SYSTEM JUDICIARY JURISTS JUSTICE LEGAL INSTITUTIONS LEGAL PROFESSIONALS LEGISLATION LEGISLATIVE POWER LEGITIMACY OPPOSITION PARTIES PARLIAMENT POLITICAL PARTIES POLITICAL RESPONSIBILITY PRESIDENCY PUBLIC CONTROVERSY PUBLIC SECTOR SENATE Lopez Guerra, Luis Governing the Justice System : Spain's Judicial Council |
geographic_facet |
Europe and Central Asia Spain |
relation |
PREM Notes; No. 54 |
description |
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. |
format |
Publications & Research :: Brief |
author |
Lopez Guerra, Luis |
author_facet |
Lopez Guerra, Luis |
author_sort |
Lopez Guerra, Luis |
title |
Governing the Justice System : Spain's Judicial Council |
title_short |
Governing the Justice System : Spain's Judicial Council |
title_full |
Governing the Justice System : Spain's Judicial Council |
title_fullStr |
Governing the Justice System : Spain's Judicial Council |
title_full_unstemmed |
Governing the Justice System : Spain's Judicial Council |
title_sort |
governing the justice system : spain's judicial council |
publisher |
World Bank, Washington, DC |
publishDate |
2012 |
url |
http://documents.worldbank.org/curated/en/2001/06/2013071/governing-justice-system-spains-judicial-council http://hdl.handle.net/10986/11383 |
_version_ |
1764416538351239168 |