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Law 16/1994, Of November 8, Which Is Reformed The Organic Law 6/1985, Of 1 July, On The Judiciary.

Original Language Title: Ley Orgánica 16/1994, de 8 de noviembre, por la que se reforma la Ley Orgánica 6/1985, de 1 de julio, del Poder Judicial.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

EXPLANATORY STATEMENT

I

The long time since the entry into force of the Organic Law of the Judiciary has allowed to accumulate sufficient baggage of experiences in its application in order to be able to determine with rigor the aspects in which its reform is accurate. However, a reform that completes all aspects of the need for retouching must be the subject of the widest possible study and preparation with all the social and professional sectors concerned and therefore requires a relatively large period of time. for their preparation. However, the need for certain amendments is presented with a special urgency and with greater clarity, since they respond to the desirability of improving the balance between the powers of the State, recognizing the General Council of the Judicial power those powers that the governing body of the Judiciary is considering as necessary for the full exercise of its constitutional functions.

This has allowed us to anticipate in this Organic Law of Reform of the Organic Law of the Judiciary those questions that, to answer to the characteristics that have just been collected, are susceptible of legislative treatment. immediate, without the greatest attention and reflection that must be devoted to the other aspects of that Law in need of modification.

II

In the circumstantial relationship of the needs of the Administration of Justice for 1992, the General Council of the Judiciary proposed, for the first time after the entry into force of the Organic Law, its position on the consideration of the matter relating to the selection of Judges and Magistrates as their own competence, while recognising, however, the concurrent powers of the Government arising from the political responsibility of this body in the proposal and implementation of the budgetary policy adopted by the Chambers and, in accordance with it, of the on the personal and material dimensions of the organizational apparatus as a whole at the service of the Judiciary. Subsequently, the General Council of the Judiciary has reiterated that request on some occasions.

This Organic Law not only makes the attribution of jurisdiction in the matter of the selection of Judges and Magistrates to the General Council of the Judiciary, but it tries to resolve the issues that have been raised since the the entry into force of the Organic Law of the Judiciary directly related to the matter.

The system of entry into the Judicial Race is addressed and not only in what has been called the access by the third or fourth shifts. The composition of the Court, as well as the strengthening of an initial stage of initial training or prior to the exercise of the judicial function, are changed in the law. Access to the Judicial Career of jurists with more than six years of professional practice provided for in the Organic Law of the current Judicial Branch (the so-called third shift) is configured in the text proposed as a concurring opposition, and is limited to a fourth of the seats in the category of Judge.

The system of access to the category of Magistrate by means of a competition between jurists of recognised competence with more than ten years of professional practice has led to questions in its application which have frequently reached the The General Council of the Judiciary and the Courts. This Law seeks to resolve these issues in accordance with the lines that are considered to be more in line with the case law and with the doctrine integrated by the resolutions and declarations on the matter of the General Council of the Judiciary, establishing appropriate safeguards. Thus: (a) in accordance with the case law of the Supreme Court, all candidates or only those who have exceeded a certain score are allowed to be invited to the interview; b) the establishment of the appropriate procedure is provided for Court may have sufficient knowledge of the incidents that may have affected the candidate throughout his professional life with transcendence to assess his aptitude for the performance of the judicial function, subsating the deficiencies (c) the outcome of the interview is available at this point in the practice of competitions; it is translated into a definitive assessment of the merits, with the limit of a modification of the initial score of those at a given maximum proportion, in order to strengthen the guarantees in the procedure; d) in the same sense of The Court of Justice, when it considers the absence of the status of a lawyer of recognised competence in the applicant, will agree to its exclusion in a specifically motivated manner and inform the person concerned; content of the interview, the proposal made by the General Council of Power is literally collected Judicial in their reports to the calls so far made, and f) likewise the proposal of the General Council of the Judiciary is collected regarding the requirement of the drafting of the corresponding detailed minutes.

The possibility of having access to the specialization tests is foreseen for the already Magistrates. This follows the will expressed by the General Council of the Judiciary in various calls, which has been considered, however, by the Supreme Court as incompatible with the text of the Law in force-for which the specialization in the social order refers-which makes the modification that introduces this Law necessary.

The participation of members of the Fiscal Career in the tests of specialization is also accepted in the proposed text, increasing the participation in these and collecting the tradition before the Organic Law.

With regard to the entry and permanence of the Judicial Career, two limitations have already been applied, although their normative coverage has been discussed at times: (a) the impossibility of showing up for (b) the impossibility of applying for voluntary leave until three years of effective service, even in the case of members of the Court of Justice admitted by the Court of Justice of the European Union, contest between jurists belonging to another State Body.

On the other hand, the possibility that the General Council of the Judicial Branch will carry out the competition calls for entry into the Judicial Race by the category of Judge of jurists of recognized competence, and a limitation is established derived from the own specialty, which is the impossibility to exercise jurisdiction in another order until after five years, and after the formation that is considered The Court of Justice and the Court of Justice of the European Court of Justice and the Court of Justice Greater effectiveness in this system of access to the Judicial Career.

The figure of the Deputy Judges is regulated, attributing to those who have overcome the opposition the character of the officials in practice. It is anticipated that their functions, which will be regulated by the General Council of the Judiciary, can only be auxiliary and collaboration with the owners of the judicial bodies, except when otherwise provided by the Organic Law itself. of the Judicial Branch in the framework of measures to support the judicial bodies.

III

The Law addresses a new regulation of the composition and operating rules of the Boards of Government of the Supreme Courts of Justice.

First of all, the Presidents of the Provincial Hearings based in the territory of the High Court have been given entry, as members of the National Court. It is intended that those who hold the presidency of the civil and criminal bodies in the respective provinces will be involved in the decisions to be taken by these bodies. It is established, at the same time, that the number of nates and elected members remains balanced, thus increasing the number of elected members in the same proportion as that of the number of members, as a result of the incorporation of the Presidents of Provincial Hearings.

The presence of those Dean who, chosen by the Magistrates, has also been deemed to be indispensable, has been deemed to be released from his judicial work under Article 163 of this Law for having the responsibility of the specific to the judicial structure in large cities. Taking into account the shape of their choice, their integration occurs with the consideration of elected members and no need for rebalancing in the number of elected members.

The functioning of the Government Chambers, in those cases where the number of its members is greater than ten, has in practice raised numerous problems of effectiveness since it is not provided for in the text of the Law. Organic from the Judicial Branch another system of adoption of agreements than that of the plenary meetings.

In order to make the functioning of these Chambers more effective, it is envisaged, as a result, the creation of the commission composed of three born members and three elected members, all of whom are elected by the whole of the members of the Chamber, which shall be renewed annually, and the system of operation and powers of this committee.

Finally, the system of account of the matters dealt with in committee is established to the full, and the faculty of the President of the Superior Court of Justice to open to the plenum those matters of importance or interest and the to propose the majority of the members of the Board of Government in a reasoned manner.

IV

The system of provision of places is also subject to modification in this Law.

On the one hand, the possibility has been established that the sections of the Provincial Hearings may be composed of four Magistrates, when the needs of the service so advise, in order to equip them with a greater operativity.

At the same time, the possibility that the General Council of the Judiciary, after a report by the Chambers of Government, may be able to attribute exclusively the knowledge of certain matters or of the executions in all courts, to one or more Courts where there are several Courts of the same class in a constituency. The Law recognizes the General Council of the Judicial Branch the important faculty of not taking certain places to temporarily transfer certain places, thus responding to the proposal made by this constitutional body in the wake of the exhaustion of the clause contained in the sixth provision of the Organic Law 3/1989, of 21 June, for which the requirement of the three years of effective service in the Race for the ascent to the Magistrate was temporarily suspended and thus enabling a effective means of alleviating the existence of excessive vacancies.

Experience has shown the need to arbitrate mechanisms of stability in the provision of judges or judges. The General Council of the Judiciary had already arbitrated measures that are now included in the text of the Law, limiting the possibility of attending to those who do not take two and three years depending on the fact that the destination has been obtained from forcible or voluntary form.

The reform also includes a new design of the provision of places in the judicial-administrative and social jurisdictional orders, facilitating the specialization or the realization of specific training activities with character prior to serving the destination in these organs.

V

The proclamation of the need for an amendment to the regulation of substitute magistrates, substitute judges and temporary provision constitutes a constant from the first moments of the General Council in its current mandate, in line with the need to assume the appropriate powers for the exercise of its function. Despite the progress made in terms of coverage of judicial seats, it remains a necessity, which is understood as conjunctural, to arbitrate systems for the best and most effective coverage of vacant places.

At the point of the appointment of alternate magistrates, and in order to dispel doubts of legality, the Law explicitly states the interpretation of Article 200 of the Organic Law of the Judicial Branch maintained until now by the General Council of the Judiciary in its general provisions, appointments and acts of resolution of resources, in the sense that the faculty of appointment of alternate Magistrates reaches the Supreme Court and the National Court.

The Law seeks to improve the guarantees of the substitute Magistrates ' regime, by ordering that not only the nomination proposals but also the order of preference and the exclusions of applicants will be motivated. especially. It is also required that this requirement of motivation be met in the proposals for membership, which can be of such practical importance as the proposals for appointment. For the same purpose, the functional integration of the expressed Magistrates under conditions of absolute equality with the other members of the Chamber is proclaimed and the questions relating to the causes of incompatibility are regulated in more detail, the prohibitions and the reasons for termination, which are listed in a tax-way.

The concern for the quality of the role of the non-incumbent Judges is addressed in this Law: (a) foreseeing that the preference for appointment arising from the previous exercise of judicial functions only plays when this exercise has taken place "with proven aptitude"; (b) establishing that the Governing Board in its proposals assess the suitability and suitability of the candidate and determine the lack of aptitude, and not only the dejection in the exercise of the duties of the post, as a cause of cessation, and c) finally, specifying that the preference to be appointed of those in whom In the case of non-compliance with the provisions of Article 1 (1) (a), others that result in a lack of suitability.

In the field of external substitutions, the Law establishes the circumstances under which the indeterminate legal concept of the impossibility of ordinary substitution that opens the passage to the external and for provide the criterion that no court order for the regime of external replacements can be excluded. It is necessary to apply the extension of jurisdiction.

VI

order to contribute to providing the General Council of the Judicial Branch with the appropriate technical support for the exercise of its constitutional functions of the government of the Judiciary, the Law recognizes the officials assigned to them. technical bodies the situation of special services, equating to the General Council of the Judiciary with other constitutional bodies of the State.

VII

The commission by a judge or magistrate of any criminal offence, whether or not it has been in the exercise of judicial function, has a special meaning that transcends the strictly criminal consequences foreseen in the Code, beyond even the custodial sentences, since it evidences their incapacity for the exercise of the judicial function while not obtaining the rehabilitation, as derived from article 303 of the Organic Law of the Judicial Branch. It is therefore appropriate to give new regulation to these effects by amending the existing Articles 379.1.d and 380.

VIII

The General Council of the Judiciary in successive memoirs, and the Ombudsman, in its 1991 report, have highlighted the urgent need to reform the regulation of disciplinary powers with regard to Judges and Magistrates to ensure that, without the necessary guarantees, their exercise is effective as an indispensable instrument for the proper functioning of the Administration of Justice and for the due assurance of judicial independence. Because this requirement of the rule of law has in the submission to the legal system of Judges and Magistrates and in the institution of the judicial responsibility the authentic guarantees that it serves the purposes for which it has been recognized by the Constitution (Article 117.1 EC) and set up by the legal system. In short, judicial independence and the responsibility of Judges and Magistrates are not postulated antithetical but strictly complementary.

For this purpose, first, the modification of the prescription regime is addressed, causing the extinction of the disciplinary responsibility with constitutional basis in legal certainty (STC 157/1990), but it must not It is a fact that, as it is happening, there is a widespread impunity of conduct which, being certainly reproachable and of unquestionable importance for the effective provision of judicial protection, is without sanction for the brevity of prescriptive deadlines and the legal provision for their interruption.

Therefore, these deadlines are extended by accepting, among the possible solutions, those that are most common in disciplinary law, although the prescriptive period laid down by the Code for the criminal offences.

The rule of the beginning of the limitation period for infringements from the time of your commission requires a special provision in the case of the actions and omissions that give rise to the declaration of responsibility. (a) civil service, since only on the basis of the determination of the judgment in which that responsibility is declared is that of a disciplinary nature.

It is also established that the interruption of the limitation of the infringement occurs not only by the agreement of initiation of the disciplinary record, but also by the opening of any related information diligence with the conduct under investigation, provided that in one and another case the appropriate notification is measured. This avoids the improper use of the time limit for the time spent during the practice of a very frequent use, in order to actually purge responsibilities, even if they have not formally given place of the disciplinary procedure, of which the Judge or Magistrate concerned by the disciplinary proceedings is aware. Although, in the interests of the legal certainty to which the institution of the prescription responds, the law introduces caution, common in the exercise of disciplinary authority, consisting in the fact that the prescription returns to the initiated proceedings remain at a standstill within six months for reasons not attributable to the Judge or Magistrate subject to the file.

In the second place, a new classification of the criminal acts of the government of judges and magistrates, with express suppression, through the provision of the repeal, of the so-called intra-procedural responsibility or the Procedural discipline contained in the Law on Civil Procedure and the Law of Criminal Procedure. In this sense, they include in the cast of types new behaviors that deserve an undeniable reproach from the perspective of the relation of service of the Judge or Magistrate and that until now they were not sanctionable for lack of adequate foresight rules. At the same time, legal certainty is strengthened by seeking as much as possible in the description of punishable conduct. Thus, the "open clauses" relating to the infringement of prohibitions and duties laid down in the law, whose literality could make any normative infringement punishable, are removed and is observed in the use of the " rules in " the requirements outlined by the Constitutional Court's doctrine. In particular, the necessary concreteness, in such a way that the qualified conduct of disciplinary action is sufficiently precise with the content of the norm that serves as a complement and, in any case, it is possible to safeguard the function of " guarantee of the type " with the possibility of adequate knowledge of the action agreed with disciplinary sanction.

There is no need, however, in the configuration of the alleged sanctionables, of indispensable value concepts and of certain indeterminate legal concepts declared compatible with the principle of typicality, both by the Court of Constitutional Court (SSTC 62/1982, 69/1989 and 219/1989) as the Supreme Court, especially in the field of disciplinary law, provided that its concreteness is reasonably practicable by virtue of logic or experience.

In the area of sanctions, the reform takes concrete form in the suppression of reproof, which in addition to the difficulties of execution it raises, seems to have lost all its punitive sense, the increase in the amount of the fine, adapting it to the evolution of the purchasing power of judicial remuneration, to specify the scope and content of the transfer penalty, whose current indetermination makes it difficult to practice, and to a new determination of competition for the imposition of those penalties. According to the system introduced, the jurisdiction of the Presidents of the Courts is reduced to the penalty of warning and that of the Chambers of Government to that of fine, previewed for the minor infractions, corresponding to the imposition of the Sanctions established for serious misconduct to the Disciplinary Commission of the General Council of the Judiciary and those of very serious misconduct to the Council Plenary. Two special rules are laid down: on the one hand, the express provision that the bodies may impose sanctions of a lesser gravity than those which they normally have when examining files, the knowledge of which is is initially attributed to its competence, it turns out that the facts in question deserve a lower disciplinary complaint, thus avoiding the referral to another authority which would be unnecessary in accordance with the general rules of competition and contrary to the principles of procedural economics.

The Law is not part of the exclusion of the principle "non bis in idem" from the disciplinary field and the so-called special supremacy relations, a category that both conceptually and in its use to resolve issues In the case of the Court of Human Rights, the Court of Human Rights, the Court of Human Rights, and the Court of Human Rights, the Court of the European Court of Human Rights, and the Court of which this principle is closely linked. On the contrary, the two manifestations, material and procedural, of the prohibition of the double penalty and disciplinary punishment for the same conduct of Judges and Magistrates are accepted, but it is done in the same terms in that it has been established by the doctrine of the Constitutional Court.

According to her, it is necessary for the criminal and disciplinary punishment to be incompatible with the three identities of the subject, made and legal basis, in such a way that there is no obstacle for them to be able to be concurrent when different legal goods are violated with the same conduct.

From the procedural point of view, the criminal case is given full preference over the disciplinary record, preventing it from being resolved as long as there has been no sentence or order of dismissal in the criminal case when to be seen on the same facts and by linking the statement of those who have been proven in the field.

In the disciplinary procedure, in addition to introducing concrete in its processing, specifying the content of the statement of objections and the motion for a resolution, the most important new developments are those concerning the following ends:

a) The Law is incorporated into the Law, the provision of the so-called information measures, which the practice has dedicated to avoid the hasty opening of disciplinary cases without a minimal contrast of the reality of the facts. reported.

(b) The Law establishes the powers of appeal on an administrative basis for the Judges and Magistrates who are sanctioned and for the Fiscal Ministry, welcoming an aspiration unanimously maintained in the doctrine, and resolves the problem raised in relation to the possibility of the complainants making use of the decision taken on the non-initiation of the disciplinary file or the same decision to relapse in the case, which had been rejected by the case-law the view of the current regulation. To this end, they are excluded from being challenged on administrative grounds, even though the legitimacy they may have in the judicial-administrative appeal is left to the exception, in accordance with the interpretation given in the light of the Constitution. be made of Article 28.1 of the Law of that jurisdiction, and, finally, the legitimation is included for the replacement of professional associations of Judges and Magistrates.

c) The instructor of the disciplinary record has the consideration of a delegate of the body that holds the competence to agree to the initiation of the procedure, who, consequently, may not only return to that the action to complete the statement of objections, the instruction or the motion for a resolution to include a more serious legal status but also to agree to its replacement when it finds serious defects in the handling of the case.

IX

The abnormal backwardness or extraordinary accumulation of cases in certain Courts and Courts, with no doubt on the effectiveness of the judicial protection guaranteed by Article 24.1 of the Constitution, must have a singular response in the Law.

For the normalisation of such situations, the mere temporary exemption from the allocation of cases provided for in Article 167.1 of the Law or the strengthening of the secretariat template may result in unworkable, inadequate or insufficient. Sometimes, support measures are essential that affect the ownership of the judicial bodies themselves.

It is therefore necessary for the Law to provide for such support measures expressly and in such a way as to be fully satisfied with the constitutional requirement of predetermination, the content of which forms part of the the composition of the judicial bodies has in the standard sufficient degree of trust to ensure their independence and impartiality and that in each specific case the legal procedure established for the designation of those who exercise the jurisdiction (STC 47/1983).

Consequently, the Law specifies the alleged application of the judicial support measures, which under no circumstances can be agreed on the basis of certain procedures or series of procedures determined and regulates the processing and a decision on the proposals for Judges and Magistrates to serve temporarily in Courts or Courts other than those of which they are the holders or on the basis of the support of substitute magistrates or substitute judges, appropriate publicity and the design of the corresponding plan for updating the body in need of support with a special forecast of its temporary duration.

X

The proper recognition in the Organic Law of the Judicial Branch of its external regulatory authority has been requested by the General Council of the Judiciary as a necessary requirement to use this instrument. essential for the exercise of its powers.

The text of the present Organic Law, by which the expressed authority is explicitly regulated, is in line with that stated in the judgment of the Constitutional Court 108/1986, which recognizes that. The legal formulation chooses to strictly adhere to the Constitutional Court's manifestations, which has stated that the General Council's development regulations can only contain secondary and auxiliary regulations, given the the strict nature of the reserve of organic law for matters relating to the legal status and the functioning and governance of the courts.

In the procedure for the elaboration of the Regulations for the Development of the Organic Law of the Judiciary by the General Council of the Judiciary, the case law of the Supreme Court has been taken into account the associations concerned.

It has not been considered necessary to specify to whom it is appropriate to evacuate the opinion of legality, understanding that the precept of the Organic Law of the Judicial Branch that excludes the intervention of the State Council, in the recognition of the autonomy of the General Council as a constitutional body (Article 142.1 of the Organic Law of the Judiciary), and of the fact that the technical services of the General Council are required for the exercise of this function.

The exceptional character that the regulatory authority of the General Council of the Judiciary has in respect of the regulatory authority by which the government is constitutionally responsible, advises to determine concretely the materials in which it can be unwrapped. This Law is not limited to having the explicit and implicit ratings already contained in the Organic Law of the Judiciary, but it also carries out an enumeration of specific subjects for which the drafting of the law has been carried out. taken into account the fields in which the General Council has already made use of this regulatory power. Enumeration which, on the other hand, complies with an integrative purpose of those precepts of the Organic Law of the Judiciary (Articles 301.5, 329.3, 341.2, 365.2, 366.2 and 377) which are limited to providing for the regulatory development of their provisions, without specifying that the same is the responsibility of the General Council of the Judiciary, when this has been claimed without any more due to the fact of affecting some of the matters contained in the aforementioned enumeration. What, in turn, has the corresponding integrative counterpoint in favour of the Government's regulatory authority in the other precepts of the aforementioned Organic Law (articles 434.3, 447.1 and 2, 472, 485, 486, 487, 492, 493, 495.2, 504.2, 506.1, 508.2 and d. a. 10. (2) which also contain certain references to the exercise of the said power.

The limits imposed on the exercise of the regulatory authority of the General Council of the Judiciary also affect the government when it is prepared to issue general provisions on similar matters relating to the legal status, and consequently the corresponding additional provision of the Organic Law of the Judiciary is amended in accordance with the terms that also result from the interpretative declaration made by the Court's judgment Constitutional 108/1986.

Question related to the exercise of the regulatory authority is the right of the General Council of the Judicial Branch to report on the preliminary draft laws and general provisions of the Communities These are autonomous ones that deal with some of the matters covered by Article 108 of the Law, and which has been affirmed by the constitutional governing body of the Judicial Branch in various reports. The Law also includes the faculty of the Chambers and, if applicable, the Legislative Assemblies of the Autonomous Communities to request a report from the General Council on proposals for law or amendments when they deal with the same matters. provided that there is provision for such a provision in their respective Regulations. With this, with full respect for the sovereignty of the Chambers and the Legislative Assemblies of the Autonomous Communities, and following the opinion of the governing body of the Judicial Branch, the opening of a solution for those cases is permitted. that the General Council report may be relevant and has not been requested or could not have been requested by reason of the legislative procedure followed.

It is a necessary novelty of the reform to be undertaken, the treatment of the use of the technical, electronic, computer and telematic means in the administration of justice. The new wording of Article 230 of the Organic Law of the Judiciary, while granting validity to the documents issued, establishes mechanisms that, on the one hand, guarantee both the identification of the organ, and the confidentiality, privacy and security of data and, on the other hand, ensure the homogeneity of systems through the regulatory intervention of the General Council of the Judiciary for the assurance of the compatibility of programs, applications and systems (a) information technology and compliance with the rights and guarantees laid down in Organic Law 5/1992, 29 October, to Regulation on automated processing of personal data.

Finally, a new wording is given to Article 272 (1) of the Organic Law of the Judiciary in order to clarify definitively the content of the functions of the common services which, in addition, extend to the Provincial Hearings.

XI

The need to accommodate the powers of the General Council of the Judiciary in budgetary matters to the condition of a constitutional body that attributes its regulation to the Constitution and reaffirms Article 59 of the Law According to the Constitutional Court, it justifies the fact that, without the principles of legality and specialty, the terms in which the Law recognizes its budgetary autonomy, in similarity with other organs, are extended in a double aspect. constitutional.

Finally, the legal text of the terms of the budgetary discharge and discharge that the Council has so far exercised in accordance with the forecast contained in regulatory standards are expressly set out in the text.

XII

The Law addresses the amendment of Article 66 regarding the jurisdiction of the Chamber of the Administrative-Administrative Court of the National Court, with the purpose of giving greater uniformity to the judicial decisions. in some subjects that require it.

XIII

In accordance with the observations made by the General Council of the Judiciary, the new disciplinary regime related to the prohibitions and incompatibilities of Judges and Magistrates, to which the new Article 417.7 of the Law, requires, in line with the resolutions of the Constitutional Court, to make an accuracy on them, more appropriate to the social reality. Consequently, a new regulation of these incompatibilities and prohibitions is established by amending Articles 391 and 392 of the Law.

XIV

Finally, the Law gives a better treatment to the Institutes of Legal Medicine, suppressing the disadvantages that the current regulation provoked, in order to seek a better distribution of the activities of the doctors forensics, and introducing their dependence on such institutes, without prejudice to the fact that in the proceedings proceedings are the orders of Judges, Magistrates, Prosecutors and Entrants of the Register and the possibility that, exceptionally, when advise in the circumstances, may be assigned to judicial or tax authorities concrete.

Article first. Selection of Judges and Magistrates.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Paragraphs 4 and 7 of Article 107 are worded as follows:

" 4. Selection, training and improvement, provision of destinations, promotions, administrative situations and disciplinary arrangements for Judges and Magistrates. "

" 7. Exercise of the powers relating to the selection and training centre of Judges and Magistrates which the Law attributes to it. "

Two. Article 301 is worded as follows:

" 1. The entry into the Judicial Race by the category of Judge will be produced by the overcoming of free opposition and a theoretical and practical course of selection made in the center of selection and formation of Judges and Dependent of the General Council of the Judiciary.

2. The call for entry into the Judicial Career shall comprise all vacant positions existing at the time of the call and an additional number to cover those that are likely to occur until the next call.

3. Each call will reserve a quarter of the seats that are called for in law with six years of professional practice, who will have access to the theoretical and practical course of selection in the selection and training centre. Judges and Magistrates by means of opposition.

4. They will also enter the Judicial Race by the category of Magistrate of the Supreme Court, or of Magistrate, jurists of recognized competence in the cases, form and proportion respectively established in the Law.

5. In all cases, it will be necessary not to be in any of the causes of incapacity and incompatibility established by this Law and not to have the age of retirement in the Judicial Race or to reach it during the legal maximum time and For the duration of the selective process, until the taking of possession, including, if applicable, the selection course at the selection and training centre of Judges and Magistrates.

6. The Ministry of Justice, in collaboration with the Autonomous Communities with powers, may, in collaboration with the General Council of the Judicial Branch, call for the convocation of oppositions and the opposition and selective promotion and of specialization necessary for the coverage of the vacancies existing in the template of the Judicial Career.

Equal powers that the Ministry of Justice will hold the Autonomous Communities with powers in the matter. "

Three. Article 302 is worded as follows:

" 1. In order to attend the opposition free of access to the selection and training center of Judges and Magistrates, it is necessary to be Spanish, older and licensed in law, as well as not to be in any of the causes of incapacity that establishes this Law.

2. In order to take part in the competition, it is also necessary to have at least six years of professional practice as a lawyer. "

Four. Article 304 is worded as follows:

" The Court which shall evaluate the evidence of entry into the Judicial Race by the category of Judge shall be presided over by the President of the Supreme Court or Magistrate of the Supreme Court or Magistrate of the High Court of Justice in which delegate, and will be Vocals: two Magistrates, one Prosecutor, two University Catedraptics of different legal disciplines, an Advocate with more than ten years of professional exercise, a State Advocate and a member of the technical bodies of the General Council of the Judiciary, licensed in law, who will act as Secretary.

When it is not possible to designate the University Catedratics, it may exceptionally be possible to appoint Professors. "

Five. Article 305 is worded as follows:

" The Tribunal shall be appointed by the General Council of the Judiciary. The Professors, or, where appropriate, the Professors, shall be proposed by the Council of Universities; the Attorney of the State, by the Ministry of Justice; the Advocate, by the General Counsel of the Advocate, and the Prosecutor, by the Attorney General of the State. The proposing institutions shall draw up terns which shall refer to the General Council of the Judiciary for their appointment, unless there are grounds for proposing only one or two persons and without prejudice to the General Council of Power Judicial authorities may be appointed directly in the event that they are not drawn up by the proposers. "

Six. Article 306 is worded as follows:

" 1. The rules for governing the opposition, the opposition and the subsequent theoretical and practical course of selection for the entry into the Judicial Race by the category of Judge will be approved by the General Council of the Judiciary, heard the Ministry of Justice, or, where appropriate, the Autonomous Communities with powers in the field. In the case-opposition, the valuation of the merits in the competition phase shall be subject to the provisions of paragraphs 1 to 11 of Article 313 of this Law.

2. The selective tests for entry into the Judicial Race by the category of Judge shall be convened at least every two years. It shall be carried out by the General Council of the Judiciary, heard by the Ministry of Justice or, where appropriate, the Autonomous Communities with powers in the matter, and subject to the provisions of Article 315 of this Law. The Ministry of Justice's opinion will be binding on the maximum number of places to offer according to the vacancies that result in the template of the Judicial Career established in the law and the corresponding ones. budgetary availability.

3. In no case may the Court select in the evidence provided for in Article 301 of this Law a number of candidates superior to that of the seats which have been convened in accordance with the provisions of that Article.

4. Those who have overcome the opposition or the opposition, as candidates for entry into the Judicial Race, will have the consideration of practical officials. "

Seven. Article 307 is worded as follows:

" 1. The theoretical and practical course of selection at the Centre for the Selection and Training of Judges and Magistrates will include a period of tutored practices, as a Deputy Judge, in different bodies of all jurisdictional orders, both unipersonal and collegiate. The centre will develop the training programme and detail its different phases. During the traineeship, the assistant will perform the functions of assistance and collaboration with its members. Exceptionally, they may act in replacement or reinforcement functions, as set out in this Act.

2. The duration of the traineeship, the circumstances and the fate and the duties of the Deputy Judges shall be governed by the General Council of the Judiciary in the light of the programme drawn up by the Centre for the Selection and Training of Judges and Magistrates. The duration of the theoretical training course shall in no case be less than one year and the practical course of another year.

In any event the functions of Deputy Judges not acting as a replacement or a reinforcement as provided for in this Law may not exceed the drafting of drafts or draft resolutions which the Judge or Rapporteur may, where appropriate, take on any amendments it deems appropriate.

3. Those who pass the theoretical and practical course will be appointed Judges in the order of the proposal made by the selection and training centre of Judges and Magistrates.

4. The appointment shall be extended by the General Council of the Judiciary, by order, and with the inauguration shall be vested with the status of Judge. "

Eight. Article 308 is worded as follows:

" The selection and training centre of Judges and Magistrates shall in no case include in the list of approved applicants a number exceeding that of the vacancies actually existing at the time of the formalisation of the said applicants. relationship. "

Nine. Article 310 is worded as follows:

"The places that have become vacant in the competition-opposition will increase to those corresponding to the opposition shift."

Ten. Article 311 (1), (2), (3), (4) and (5) shall be worded as follows:

" 1. Out of every four vacancies in the Magistrates ' category, two will be provided through promotion with the Judges who will be the first place on the ladder within this category.

Any Judge may renounce the rise to the category of Magistrate by expressly notifying the General Council of the Judiciary with at least six months in advance of it. Such waiver shall be required to remain in the category of Judge for two years and a maximum of three times may be made. After the time limits laid down, the Judge shall take the appropriate time. The Judge exercising the waiver shall retain his post on the steps of Judges until he ascends and shall not be able to participate in the ordinary course of transfer while remaining in this situation.

The third vacancy shall be provided by selective evidence in the civil and criminal jurisdictional orders, and from specialization in the administrative and social litigation orders between Judges.

The fourth vacancy will be provided by contest, among jurists of recognized competence and with more than ten years of professional exercise.

2. In the first case it will be necessary for them to have provided three years of effective services as Judges. However, a year of effective service shall, however, be sufficient to present selective or specialised tests, irrespective of the administrative situation of the applicant. The members of the Judicial Career with a category of Magistrate and, as a form of access to the Judicial Career, those of the Fiscal Career with the less than one year of effective services.

3. The General Council of the Judiciary will be able to perform all or some of the calls for competition for access to the Judicial Race by the category of the Magistrate of jurists of recognized competence, limiting those to the assessment of merits relating to the relevant subject matter and reserving for the effect places of appropriate characteristics within the general ratio set out in paragraph 1.

4. Those who acceded to the category of Magistrate without prior to the Judicial Race shall be incorporated immediately following the last Magistrate who has acceded to the category. They shall not obtain the status of voluntary leave, except in the cases provided for in Article 357.2 and 4 of this Law, until they have completed the time of effective service in the Judicial Career provided for in paragraph 3 of that Article.

5. The members of the Tax Race who have acceded to the Judiciary through specialized tests and the jurists of recognized competence who enter it in a limited contest according to the number 3 of this article, will not be able to occupy places for a court order or a separate speciality until five years of effective service. In any case, to occupy places of different jurisdictional order it will be necessary to overcome the obligatory training activities that are regulated by the General Council of the Judiciary. "

Once. The current Article 311 (4) becomes paragraph 6 of the same Article.

Twelve. Article 312 (1) and (3) are worded as follows:

" 1. The selective tests for the promotion of the category of Judge to that of Magistrate in the civil and criminal courts shall be held in the centre of selection and training of Judges and Magistrates, and will tend to appreciate the degree of capacity and the legal training of candidates, as well as their knowledge in the various branches of law. They may consist in carrying out studies, overcoming courses, drawing up opinions or resolutions and defending them before the Court, dealing with subjects and responding to observations which the Court has made or in other financial years. similar. "

" 3. The rules governing these tests, the exercises and, where appropriate, the programmes shall be approved by the General Council of the Judiciary. "

Thirteen. Article 313 is worded as follows:

" 1. In order to resolve the competitions between jurists of recognised competence referred to in Article 311 (1), (3) and (4), the General Council of the Judiciary shall approve the relevant bases, in which the a score of the merits which may be found in the applicants in accordance with the scale set out in the following paragraph. The convocation, adjusted to the approved bases, will be carried out at least once every two years by the General Council of the Judiciary. The Ministry of Justice or, where appropriate, the Autonomous Communities with powers, shall be heard prior to the approval of the bases and the calls.

2. The assessment of the following merits shall be established on the scale:

(a) Titles and academic degrees obtained in relation to the legal disciplines, with the corresponding academic records being assessed.

b) Years of service in relation to legal disciplines in the body of provenance, in the profession that he or she has exercised or in the Fiscal Career or in the Office of Judicial Secretaries.

c) The implementation, appropriately accredited, of courses of legal specialization.

d) Presentation of papers, communications, memoirs or similar works in courses and congresses of legal interest.

e) Scientific-legal publications.

(f) The number and nature of the cases to be addressed to the Courts and Tribunals, opinions issued, advice and legal services provided in the exercise of the Advocate.

g) In the Autonomous Communities with their own language and rights, their knowledge will be considered as merit in meeting the above.

3. The contest shall be resolved by the same Tribunal as the free opposition shall judge.

4. The above merits will be valued in such a way that none of them can, on its own, exceed the joint valuation of two others.

5. The merit score referred to in point (f) may not be less than the maximum score attributed to any of the other paragraphs.

6. The professional working time of the candidates who have exercised the Advocate shall be accredited by certification of the General Council of the Advocate, which shall also include those incidents of a disciplinary nature which have affected the candidate during his or her professional practice.

The appropriate procedure shall be established for the Tribunal to be aware of any other incidents which have affected any candidate throughout his professional life which may be of importance to the Tribunal. assess their suitability for the exercise of judicial function.

7. In order to assess the merits referred to in the second paragraph of this Article which have been adduced by the applicants, the basis of the calls shall establish the power of the Court to summon the candidates or those who reach the initially a certain score to an interview, of a maximum duration of one hour, in which the merits adduced by the candidate and his professional "résumé" will be discussed. The exclusive object of the interview will be to accredit the reality of the legal training and ability to enter the Judicial Career, adduced through the alleged merits, and will not be able to become a general examination of knowledge legal.

8. On the basis of this, the assessment of the professional merits will be established, which will be shown on the occasion of the interview. Such valuation shall be limited to the increase or decrease of the initial score of those in the maximum proportion to be fixed, without prejudice to paragraph 10 of this Article.

9. The Court shall draw up a sufficiently expressive record of the content and the result of the interview, in which the criteria applied for the final qualification of the candidate shall be expressed.

10. On the basis of the procedure, the Court will be established to exclude the candidate for failure to compete in the quality of legal profession of recognised competence, whether due to insufficient or insufficient ability to deduct from the objective data of the In the case of the case, there are circumstances in which a demerit is incompatible with that condition, even if it has exceeded the minimum required score on the basis of a scale. In this case, the Court's agreement shall be motivated separately from the proposal to which it shall be accompanied, and shall be notified to the person concerned by the General Council of the Judiciary.

11. The Council may, in spite of the favourable proposal of the Court of Justice, reject a candidate after hearing, provided that, after that, there has been knowledge of any circumstances involving a demerit. incompatible. "

Fourteen. Article 314 is worded as follows:

" The Court of the selective tests provided for in Article 312 of this Law shall be appointed by the General Council of the Judiciary and shall be composed in the manner provided for in Article 304, with the exception that the Catedratitics shall be designated by reason of matter.

In the case of evidence for promotion to the category of specialist Magistrate of the administrative and social dispute, the composition of the Court shall also be that laid down in Article 304, but its members be designated as specialists in public law or labour law, respectively. "

Fifteen. Title V of Book IV of the Organic Law of the Judiciary will be renamed "From the Center for Legal Studies of the Administration of Justice," and Article 434 will have the following wording:

" 1. The Center for Legal Studies of the Administration of Justice is a public law entity with its own legal personality under the Ministry of Justice.

2. The role of collaboration with the Ministry of Justice in the selection, initial and continuing training of the members of the Fiscal Career, the Secretariat and other staff at the service of the Administration of Justice shall be as a function.

3. The organisation of the Centre and the appointment of management staff shall be established. The permanent relations of the Centre shall also be established with the competent bodies of the Autonomous Communities. "

Sixteen. Paragraph 4 of the transitional provision fifteenth is worded as follows:

" 4. The Magistrates of the administrative-administrative dispute arising from the Tax Race shall remain in the same situation of voluntary leave. "

seventeen. Paragraph 3 of the transitional provision seventeenth is worded as follows:

" 3. Those who proceed from the Fiscal Career will be integrated into the Judicial and Judicial Career, placing them in the number bis that corresponds to them because of their seniority in that one, in which they will remain on a voluntary basis. "

Article 2. The composition, powers and functioning of the Boards of Government of the Supreme Courts of Justice.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 149 (2) is worded as follows:

" 2. The Chambers of Government of the High Courts of Justice shall be composed of the President of the Courts, who shall preside over the Presidents of the Chambers in which they exist, by the Presidents of the Provincial Hearings of the Community. Autonomous, and by an equal number of Magistrates or Judges, elected by all members of the Judicial Career destined for it. One, at least, of the components of the Chamber shall be of the category of Judge, unless there are no candidates of that category.

In addition to these will also be integrated, with the consideration of elected members for all intents and purposes, the Decans who, in accordance with the provisions of Article 166.3 of this Law, have been fully released from work it is appropriate for them to do so in the respective court order. "

Two. A paragraph 3 is added to Article 149, with the following wording:

" 3. The Chambers of Government of the High Courts of Justice, where the number of members exceeds 10, shall be held in plenary or in the Commission. The Commission shall be composed of six members, three candidates and three elected members, with the full designation of their constituents, and on the basis of vacancies, of their substitutes. The Commission shall be renewed annually in the same proportion and shall be chaired by the President of the High Court of Justice. "

Three. The first indent of Article 152 (1) and (2) is worded as follows:

" 1. The Chambers of Government, also constituted under the Commission, shall perform the function of the government of their respective Courts, and in particular they are responsible for: "

" 2. The Chambers of Government of the High Courts of Justice, in plenary or in the Commission, are also responsible for: "

Four. Article 153 (2) is worded as follows:

" 2. The Chambers of Government of the High Courts of Justice, set up in the Commission, shall meet on a weekly basis. The Commission will, on a quarterly basis, bring to the attention of the plenary, previously convened, all those matters which have been dealt with and resolved. The plenary session may also be held when, in the opinion of the President or the Commission, the importance, importance or interest to the Administration of Justice of the cases to be dealt with in this case may be referred to, or at the request of the majority of its members. by reasoned proposal and with expression of what should be the subject of deliberation and decision. The President shall be convened by the plenary or the Commission, with the expression of the matters to be dealt with. "

Five. Article 153 (2) and (3) now become paragraphs 3 and 4 of that Article respectively.

Article 3. Provision of places.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. A paragraph 3 is added to Article 81 with the following wording:

" 3. Similarly, when the best administration of justice is advised, the Sections of the Hearing may be made up of four Magistrates. "

Two. Article 98 (1) shall be worded as follows:

" 1. The General Council of the Judicial Branch may agree, after a report by the Chambers of Government, that in those constituencies where there is more than one Court of the same class, one or more of them shall assume, on an exclusive basis, the knowledge of certain classes of cases, or of the executions of the court in question.

Three. Article 326 is worded as follows:

" 1. The provision of destinations of the Judicial Race shall be made by contest, in the form determined by this Law, except those of Presidents of the Audiences, High Courts of Justice and National Hearing and Presidents of Chambers and Magistrates of the Court Supreme.

2. The General Council of the Judiciary may, by means of a reasoned agreement, not temporarily remove certain vacancies, provided that they are adequately served by substitute magistrates or substitute judges or temporary provision, Where the needs of the Administration of Justice advise giving preference to others of greater difficulty or workload. "

Four. Article 327 (2) is worded as follows:

" 2. The Judges and Magistrates who do not carry on the intended destination shall also not be allowed to attend the time which is determined by the General Council of the Judiciary, taking into account their nature and the needs of the Administration of Justice, without in any case the time limit of less than two years in forced destination and three on a voluntary basis. "

Five. Article 329 (2) is worded as follows:

" 2. The competitions for the provision of the Courts of the Contentious-Administrative or the Social, will be resolved in favor of those who, having the category of specialist Magistrate in the respective jurisdictional orders or having belonged to the The extinct Labour Magistrates ' Body, for those of the Social, have a better position on the ladder. In their absence, they shall be covered with Magistrates who have served at least three years of service, within five years before the date of the call, in the administrative or social litigation orders, respectively.

In the absence of these will be covered by the order of seniority set in the first section. Those who obtain a place must participate before they take possession of their new destination in the specific training activities that the General Council of the Judicial Branch establishes regulations for the supposed change of order. jurisdiction. In the event that the vacancies are to be filled by promotion, the General Council of the Judiciary shall also establish specific and compulsory training activities to be carried out before the taking of the vacancies by the General Council. those Judges to whom they shall be promoted. "

Six. Article 330 (2) is worded as follows:

" 2. In each Chamber or Section of the Administrative Court, one of the seats shall be reserved for a specialist in such a court, with the preference of the best placed at the level. If the Room or Section is composed of five or more Magistrates, the number of places covered by this system shall be two.

In each Chamber or Section of the Social, one of the places shall be reserved to the Magistrate of specialist in such a judicial order or that has belonged to the extinguished Body of the Labour Magistrates, with preference of the one that occupies the best Scalafonal post. If the Chamber or Section is composed of five or more Magistrates, the number of places covered by this system shall be two. "

Seven. Article 343 is worded as follows:

" In the different Chambers of the Court, of every five places of its Magistrates, four will be provided between members of the Judicial Race with ten years, at least, of services in the category of Magistrate and not less than fifteen in the Career, and the fifth among Lawyers and other jurists, all of whom are of recognized competence. "

Eight. Article 344 (a) is worded as follows:

" (a) Two to the Magistrates who have acceded to the category by means of the relevant selective evidence in the civil and criminal courts and of specialisation in the judicial-administrative and judicial order In the latter case, the former Labour Magistrates ' Body is a member of the Court. This shift will require fifteen years in the Race and only five in the category. "

Nine. Article 345 is worded as follows:

" The lawyers and jurists of prestige may be appointed to the Supreme Court, who, in compliance with the requirements established for this, will have sufficient merit in the judgment of the General Council of the Judiciary and have (a) his professional activity for a period of more than 15 years preferably in the branch of the law corresponding to the court order of the Chamber for which they were to be appointed. "

Ten. Article 347 is worded as follows:

" Those who have access to the Supreme Court without prior to the Judicial Race will be incorporated into the ranks of the Supreme Court, occupying the last position in the category of Supreme Court Magistrates. All 15 years of service shall be recognised for all purposes. "

Once. A new paragraph is added to paragraph 2 of the transitional provision seventeenth with the following wording:

" 2. Those belonging to the Working Magistrates ' Body referred to in the preceding paragraph shall have the consideration of specialists for the purposes of Article 344 (a) of the Law. "

Article 4. Regime of substitute magistrates and substitute judges and temporary provision.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 131 (3) is worded as follows:

" 3. To decide on the appointments of Judges and Magistrates who, as a matter of full rule, are not of the competence of the plenary session, to agree to the compulsory retirement age of the same, to resolve their administrative situation and to provide for the cessation of of the Alternate Magistrates and of the substitute Judges for the duration of the period for which they were appointed or for reaching the age of seventy-two years. "

Two. Article 152 (1), paragraph 1, is worded as follows:

" 5. Propose to the General Council of the Judicial Branch the alternate magistrates expressing the personal and professional circumstances that they present, their suitability for the exercise of the position and for their action in one or more court orders, guarantees of an effective performance of the function and the aptitude demonstrated by those who have already acted in the exercise of judicial or replacement functions in the tax career, with reasoned opinion exposure of the proposed preference order and the exclusions of applicants. Proposals for the replacement of alternate magistrates as a reinforcement measure shall be subject to the same requirements as to the reasons for the proposed names and order of preference and the exclusions of applicants. "

Three. The current numbers 5. º, 6. º, 7. º, 8. º, 9. º, 10. º and 11. º of Article 152 are, respectively, numbers 6. º, 7. º, 8. º, 9. º, 10. º, 11. º and 12. of the same paragraph of that article.

Four. A new paragraph is added to Article 152 (2), paragraph 2, with the following wording:

" Exceptionally, in a reasoned manner, and where the needs of the service so require, the Board of Government may order the release of the distribution of cases, in whole or in part, for a limited period of time, to a Section or to a Judge determined. "

Five. In Article 152, paragraph 2, number 2, the word 'eleventh' is replaced by the word

twelfth '.

Six. The current content of Article 152 (2) (3) is deleted.

Seven. The current numbers 4. and 5. of Article 152 (2) become, respectively, numbers 3. and 4. of the same paragraph of that article.

Eight. Article 200 is worded as follows:

" 1. There may be in the Supreme Court, in the National Court, in the High Courts of Justice and in the Provincial Hearings a relationship of alternate Magistrates who will be called, by their order within the order or the jurisdictional orders for which they have been appointed, to form the Chambers in cases where, for unforeseen and exceptional circumstances, they cannot be constituted, except where they act as a reinforcement measure in accordance with the provisions of the This Law. No more than one alternate Magistrate may be present.

2. The General Council of the Judicial Branch at the beginning of the Judicial Year shall have the relationship referred to in the preceding paragraph drawn up, on the proposal of the corresponding Boards of Government and in accordance with the provisions of Article 152 of the This Act.

3. Within the limits of the appeal or membership, the alternate Magistrates shall act, as members of the Chamber, who are called to form, with the same rights and duties as the titular Magistrates. "

Nine. Article 201 is worded as follows:

" 1. The position of the alternate Magistrate shall be remunerated in the form that the Government determines, within the budgetary forecasts.

2. Only those who fulfil the necessary conditions for entry into the judicial career, except those arising from retirement by age, may be required to do so. It may not be proposed or act as an alternate who has reached the age of seventy-two years.

3. Preference shall be given to those who have performed judicial or judicial functions or to replace them in the Fiscal Career, with proven aptitude or legal professions or teachers, provided that these circumstances do not result (a) to be distorted by others that behave in their lack of suitability. In no case shall the appointment be placed on those who pursue the professions of lawyer or prosecutor.

4. The position of alternate Magistrate will be subject to the regime of incompatibilities and prohibitions regulated in articles 389 to 397 of this Law. Except:

(a) The provisions of Article 394, without prejudice to paragraph 5 (d) of this Article.

(b) The cause of incompatibility relating to teaching or legal research, which shall in no case be applicable, whatever the administrative situation of those who exercise them.

5. The alternate Magistrates shall be subject to the same causes of removal as the Judges and Magistrates, as soon as they are applicable. They shall cease:

a) For the duration of the period for which they were appointed.

b) By resignation, accepted by the General Council of the Judiciary.

c) For the age of seventy-two years.

(d) By agreement of the General Council of the Judicial Branch, subject to a summary of information with the interested party and the Prosecutor's Office, when they are warned of lack of fitness or suitability for the exercise of office, incurs an inability or incompatibility or the infringement of a prohibition, or will cease to diligently attend to the duties of the office. "

Ten. Article 208 (1) shall be worded as follows:

" 1. The President of the Supreme Court, the President of the National Court and the Presidents of the High Courts of Justice shall be replaced by the President of the Chamber of the same oldest seat in office. However, the Chamber of Government shall be convened and chaired by the President of the oldest Chamber in office, even if it is a different venue. "

Once. Article 212 (2) is worded as follows:

" 2. In cases where, in order to supplement the absence of the holder of the Court, whatever the court order to which he belongs, it is not possible to apply the provisions of the foregoing articles for the existence of a single Court of Justice in the locality, incompatibility of claims, by the existence of numerous vacancies or by other analogous circumstances, shall exercise jurisdiction with the same extent as if it were the holder of the organ a substitute Judge, which shall be appointed in the same way as the Alternate magistrates and subject to their own legal regime. The government will regulate its remuneration, within the budget forecasts, by the government. In the case of several surrogates appointed for the locality and the relevant court order, they shall be called in their order. "

Twelve. Article 214 is worded as follows:

" When it is not possible to apply the provisions of the above articles, because there are no substitute judges appointed as suitable for the locality and the relevant court order, or would be advisable for a better The Office of Government shall, after hearing, extend the jurisdiction of the holder of the same grade and order of the same grade and order from which it is to be replaced, the Office of Government shall, after hearing, extend the jurisdiction of the holder of the case. (i) charges, without any remuneration whatsoever, except for compensation for offset. "

Thirteen. Article 256 is worded as follows:

" When any Judge or Magistrate is transferred or retired, he shall deliberate, vote, draw up and sign the judgments, as appropriate, in the proceedings to which he has been assisted and who have not yet failed, unless he concurs cause of incompatibility or the cancellation of that for another reason. "

Fourteen. Article 431 (1) and (2) shall be worded as follows:

" 1. When this provision is authorized, the Board of Governors of the High Court of Justice shall announce a contest for all vacancies to be filled by this means within the Autonomous Community, in which only those who are licensed may take part. in the right to request one, several or all of the places convened and to meet the other conditions required for entry into the Judicial Career, except for those arising from retirement by age. It may not be proposed or act as a temporary provision Judge who has reached the age of seventy-two years.

2. Preference will be given to those in whom more merit is found according to the following scale, provided that there are no other circumstances that result in their lack of suitability:

a) Those who hold the title of Doctor of Law.

(b) Those who have exercised judicial functions, judicial or replacement secretaries in the Fiscal Career with proven aptitude or other legal professions.

(c) Those who have approved oppositions for the performance of jobs in any Public Administration in which the degree of degree in law is required.

d) Those who demonstrate university teaching of legal discipline.

e) Those with the best academic record.

(f) In the Autonomous Communities with the right or language and right of their own, their knowledge shall be regarded as merit.

The above merits will be valued so that none of them can, on their own, exceed the joint valuation of two others. "

Fifteen. Article 432 (1) is worded as follows:

" 1. The temporary Judges shall be subject, for the duration of their duties, to the legal status of the members of the Judicial Career and shall be entitled to receive the remuneration which they shall regulate. points out by the government within the budget forecasts. "

Sixteen. Article 433 (1) is worded as follows:

" 1. Those who will take judicial seats under temporary provision will cease:

a) Over the course of time for which they were appointed.

b) By resignation, accepted by the Board of Government which appointed them.

c) For the age of seventy-two years.

d) By decision of that Chamber, when they incur any of the causes of incapacity, incompatibility or prohibition established in this Law, prior to a summary of information with the interested party and the Prosecutor's Office.

e) By agreement of that, when it is warned in them lack of aptitude or suitability for the exercise of office and when they will leave to attend diligently the duties of this with the same guarantees in terms of procedure set in the letter above.

(f) Where an incumbent Judge is appointed for the place served as a temporary provision. "

Article 5. Fate in the technical bodies of the General Council of the Judiciary.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 145 is worded as follows:

" 1. In the technical organs of the General Council of the Judicial Branch, only members of the Judicial or Fiscal Careers and the Bodies of Judicial Secretaries, State Attorneys, other officials of the Public Administrations, shall be served. Officers, Auxiliary and Agents of the Administration of Justice, in the number to fix the corresponding organic templates.

2. The members of the higher level technical bodies for whose designation the degree of licentiate has been required shall act with the name of Letters in the service of the General Council of the Judiciary. "

Two. Paragraphs 1 and 3 of Article 146 are worded as follows:

" 1. The Judges and Magistrates, Secretaries and members of the Fiscal Career, the State Bar and Public Administration officials who are to serve on the General Council of the Judiciary will be appointed, prior to the merit contest, by its plenary session for a period of two years, which may be extended for annual periods. "

" 3. The members of the Careers and Bodies mentioned in the previous paragraphs designated by merit contest who will serve in the technical organs of the General Council of the Judiciary will be declared in a situation of services. In the case of a special case, the Commission has decided to apply the rules of procedure. Those designated by virtue of their status shall remain in active service. "

Article 6. Loss of the status of Magistrate or Judge.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 379 (1) (d) shall be worded as follows:

" (d) For the conviction of a custodial sentence for a criminal offence. In cases where the penalty is not greater than six months, the General Council of the Judicial Branch, in a reasoned manner and having regard to the entity of the offence committed, may substitute the loss of the status of Magistrate or Judge for the sanction provided for in the Article 420.1, (d). '

Two. Article 380 is worded as follows:

" Those who have lost the status of Judge or Magistrate for any of the reasons set out in paragraphs (a), (b), (c) and (d) of the previous article, may request the General Council of the Judicial Branch for their rehabilitation, once it has been established in the Criminal Code, if applicable. "

Item seventh. Disciplinary regime.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 415 is worded as follows:

" 1. Disciplinary liability may be required only by the competent authority, by means of the procedure laid down in this Chapter.

2. The opening of a criminal procedure shall not preclude the initiation of a disciplinary file for the same facts, but no judgment shall be given in this case until no final judgment or order has been given in the case penalty.

In any event, the proven statement of facts contained in the resolution that puts an end to the criminal procedure will link the resolution that is given in the disciplinary record, without prejudice to a different legal status. which may merit in one and another way.

3. Criminal and disciplinary sanctions may be imposed only on the same facts where there is no legal and legal basis identity protected. "

Two. Article 416 is worded as follows:

" 1. The offences committed by the Judges and Magistrates in the exercise of their duties may be very serious, serious and minor.

2. The very serious faults will be prescribed at two years, the serious ones a year and the slight ones in the period prescribed in the Penal Code for the prescription of the faults.

The limitation period will begin to be counted after the failure has been committed. However, in the case provided for in Article 417.5, the limitation period shall be initiated on the basis of the firmness of the judgment declaring the civil liability of the Judge or Magistrate.

3. The prescription shall be interrupted from the date of notification of the initiation agreement of the disciplinary procedure or, where appropriate, of the information proceedings relating to the conduct of the Judge or the Magistrate.

The limitation period returns to run if the proceedings or proceedings are brought to a standstill for six months for reasons not attributable to the Judge or Magistrate subject to the disciplinary record. "

Three. Article 417 is worded as follows:

" They are very serious faults:

1. The conscious non-compliance with the duty of fidelity to the Constitution established in article 5.1 of this Law, when it will be appreciated in a firm sentence.

2. Membership of political parties or trade unions, or the performance of jobs or service charges.

3. The repeated provocation of serious clashes with the authorities of the constituency in which the Judge or Magistrate is responsible, for reasons other than the exercise of the judicial function.

4. The interference, during orders or pressures of any kind, in the exercise of the jurisdiction of another Judge or Magistrate.

5. The actions and omissions that have resulted in a firm statement to a declaration of civil liability in respect of the exercise of the function by intent or gross fault according to Article 411 of this Law.

6. The exercise of any of the activities incompatible with the office of Judge or Magistrate, established in Article 389 of this Law, except those which may constitute a serious misconduct in accordance with the provisions of Article 418.13

7. To cause the appointment of the Courts and Tribunals in the name of any of the situations of incompatibility or prohibition provided for in Articles 391 to 393 of this Law, or to remain in the performance of the charge in those cases. Without bringing to the attention of the General Council of the Judiciary the circumstances necessary to proceed to the forced removal provided for in Article 394.

8. Failure to observe the duty of abstention in the knowledge that one of the legally intended causes is present.

9. Inattention or undue delay and repeated in the initiation, processing or resolution of processes and causes or in the exercise of any of the judicial powers.

10. The unjustified absence, for seven calendar days or more, of the seat of the judicial body in which the Judge or Magistrate is assigned.

11. Missing the truth in the application for obtaining permits, authorizations, declarations of compatibility, diets and economic aids.

12. The disclosure by the Judge or Magistrate of facts or data known in the exercise of his or her function or on the occasion of his/her function, when any prejudice to the processing of a process or to any person is caused.

13. The abuse of the status of Judge to obtain a favorable and unjustified treatment of authorities, officials or professionals.

14. The commission of a serious misconduct when the Judge or Magistrate has previously been sanctioned by two other serious ones, who have acquired firmness, without having been cancelled or proceeded the cancellation of the corresponding annotations, as as set out in Article 427 of this Law. "

Four. Article 418 is worded as follows:

" These are serious faults:

1. The lack of respect for the superiors in the hierarchical order, in their presence, in writing that they are directed or with publicity.

2. Interest, by any kind of recommendation, in the exercise of the judicial activity of another Judge or Magistrate.

3. To direct the powers, authorities or public officials or Corporate Corporations to congrats or censures for their actions, invoking the condition of Judge or using this condition.

4. To correct the application or interpretation of the legal order made by the lower in the court order, except when acting in the exercise of jurisdiction.

5. The excess or abuse of authority, or serious lack of consideration with respect to the citizens, Secretaries, forensic doctors, officers, auxiliaries and agents of the Courts and Courts, of the members of the Fiscal Ministry, Lawyers and Attorneys, Social graduates and Judicial Police officers.

6. Cease to promote the requirement of disciplinary responsibility to the Secretaries and subordinate auxiliary staff, when they know or should be aware of the serious non-compliance with the same duties as they do to them.

7. To disclose facts or data by the Judge or Magistrate, known in the performance of his or her duties or on the occasion of his/her function, where it does not constitute the very serious lack of Article 417 (12) of this Law.

8. The unjustified absence of more than three calendar days and less than seven days from the seat of the court or tribunal in which the Judge or Magistrate is assigned.

9. The unjustified and repeated non-compliance with the time of the public hearing and the unjustified inattendance of the procedural acts with a public hearing that are indicated, where it is not a very serious failure.

10. The unjustified delay in the initiation or the processing of the proceedings or causes of the Judge or Magistrate in the exercise of his or her duties, if it is not a very serious matter.

11. Failure to comply or disattention is repeated to the requirements that the General Council of the Judiciary, the President of the Supreme Court, the National Court, and the High Courts should perform in the exercise of their legitimate powers. of Justice or Government Chambers, or the hindering of their inspection duties.

12. Failure to comply with the obligation to draw up or list outstanding cases in the case provided for in Article 317 (3) of this Law.

13. The exercise of any activity of the considered compatibilizable as referred to in Article 389.5. of this Law, without obtaining when the relevant authorization is provided or having obtained it with lack of veracity in the budgets alleged.

14. The unjustified abstention, when declared by the Government Chamber, in accordance with the provisions of Article 221.3 of this Law.

15. The Commission of a minor lack of character having been previously sanctioned by a final decision for two other minor ones without the cancellation or cancellation of the corresponding entries, as laid down in the Article 427. "

Five. Article 419 is worded as follows:

" They are slight faults:

1. Lack of respect for hierarchical superiors when circumstances that would qualify as serious misconduct are not present.

2. The lack of attention or disconsideration with equal or inferior in the hierarchical order, with the citizens, the members of the Prosecutor's Office, forensic doctors, Lawyers and Attorneys, Social Graduates, with the Secretaries, Officers, Auxiliary and Agents and officials of the Judicial Police.

3. The unjustified or unmotivated non-compliance with the legally established time limits for a decision in any kind of matter known to the Judge or Magistrate.

4. The unjustified absence of more than one calendar day and less than four of the seat of the judicial body in which the Judge or Magistrate is assigned.

5. The lack of attention to the requirements that the General Council of the Judiciary, the President of the Supreme Court, the National Court and the Supreme Courts of Justice or the Supreme Court of Justice have in the exercise of their legitimate powers. Government. "

Six. Article 420 is worded as follows:

" 1. The sanctions that may be imposed on Judges and Magistrates for offences committed in the exercise of their positions are:

a) Warning.

b) Multa of up to five hundred thousand pesetas.

(c) Forced transfer to the Court or Tribunal with a separate seat, at least 100 kilometres from that in which it was intended.

d) Suspension of up to three years.

e) Separation.

The judge or magistrate sanctioned with forced removal will not be able to attend within one to three years. The duration of the prohibition of participation shall necessarily be determined in the decision terminating the procedure.

2. Minor faults can only be sanctioned with warning or fine of up to fifty thousand pesetas or with both; the serious ones with a fine of fifty thousand one to five hundred thousand pesetas, and the very serious ones with suspension, forced removal or separation.

3. The penalties imposed for very serious faults will be prescribed at two years; those imposed for serious misconduct a year, and for minor faults within the time limit provided for in the Penal Code for the prescription of the faults. Such limitation periods shall begin to be taken into account from the day following the day on which the decision imposing the penalties is final. '

Seven. Article 421 is worded as follows:

" 1. They shall be competent for the imposition of penalties:

(a) For the sanction of warning, the President of the Supreme Court, the National Court and the High Courts of Justice, the Judges and Magistrates who are dependent on them.

(b) For the penalty of fine or of warning and fine corresponding to minor faults, the Chambers of Government of the Supreme Court, the National Court and the High Courts of Justice with respect to the Judges and Magistrates dependent on each of them.

(c) For penalties for serious misconduct, the Disciplinary Commission of the General Council of the Judiciary.

d) For the very serious, the plenary of the General Council of the Judiciary.

2. However, the bodies referred to in the above rules may impose penalties of a lesser degree of gravity than those of which they are ordinarily attributed if, when examining a dossier which is initially attributed to their competence, the The facts are the subject of a lower disciplinary complaint.

3. In the imposition of sanctions by the competent authorities and bodies, the appropriate adequacy or proportionality shall be observed between the seriousness of the constituent act of the infringement and the sanction applied. "

Eight. Article 422 (1) is worded as follows:

" 1. The warning sanction shall be imposed without further processing than the hearing of the data subject, subject to summary information.

Against the decision to be taken on that kind of sanction, he may bring the penalty with a potential effect, before going to the administrative-administrative procedure, administrative appeal and the complainant, where appropriate, the administrative-administrative path in accordance with the rules of legitimisation laid down in the Law on the Expressed Jurisdiction. '

Nine. Article 423 is worded as follows:

" 1. The disciplinary procedure shall be initiated on its own initiative, by agreement of the Chamber of Government or President, or, where appropriate, of the Disciplinary Commission or the Plenary Session of the General Council of the Judiciary, either on its own initiative, or the consequence of a reasoned order or request of a different body, or of a complaint. It shall also be initiated at the request of the Prosecutor's Office.

2. Any denunciation of the operation of the Administration of Justice in general and of the action of the Judges and Magistrates in particular shall, within one month, be the subject of a report by the Head of the Inspection Service, who may propose the file of the plan, the formation of information measures or the direct opening of disciplinary proceedings.

The reasoned decision given by the Chamber of Government or the Disciplinary Commission on the initiation of the file shall be notified to the complainant, who may not contest it on the administrative basis, without prejudice to the is an interested party in the court.

If disciplinary proceedings are initiated, the complainant shall be notified of the decisions which fall and may make representations, but shall not appeal the decision of the file on the administrative basis, without prejudice to the is an interested party in the court.

3. A delegated instructor of the same category, at least, to that against which the procedure is addressed shall be appointed in the agreement to be initiated by the procedure. A secretary shall be appointed on the proposal of the delegated instructor. "

Ten. Article 424 is worded as follows:

" The Disciplinary Commission of the General Council of the Judiciary, on its own initiative, heard by the delegated instructor or on its proposal, after hearing the Judge or Magistrate against whom the file and the Fiscal Ministry, may agree to the provisional suspension of the issued for a maximum period of six months, when rational indications of the commission of a very serious fault appear. "

Once. Article 425 is worded as follows:

" 1. The delegated instructor shall practice as many tests and actions as are necessary for the determination and verification of the facts and responsibilities liable to be imposed, with the assistance of the Ministry of the Prosecutor and the person concerned, which may be lawyer from the start of the case.

2. In the light of the evidence and action taken, the delegated instructor shall, if appropriate, make a statement of objections, setting out the contested facts with the expression, where appropriate, of the alleged failure to act and of the penalties imposed on him. can be applicable.

The statement of objections shall be notified to the person concerned so that, within eight days, he may be able to reply and propose the test which he requires, the relevance of which shall be qualified by the delegated instructor.

3. The statement of documents or the time limit shall be answered and, where appropriate, the evidence proposed by the person concerned shall be carried out by the delegated instructor, after hearing the Prosecutor's Office, and shall make a proposal for a resolution setting out the accuracy of the facts, shall make the legal assessment of the facts and indicate the sanction it deems appropriate.

Such a motion for a resolution shall be notified to the person concerned so that, within eight days, he or she claims what is appropriate.

4. After the procedure has been completed, the procedure shall be forwarded to the authority which has ordered the initiation of the procedure for the decision to be taken. Where this authority understands a sanction of greater gravity than those within its competence, it shall raise the procedure, with its proposal, to which it is competent.

5. The competent authorities may return the file to the delegated instructor to include other facts in the statement of objections, complete the instruction or submit to the person concerned a motion for a resolution including a legal status of Greater severity.

6. The duration of the sanctioning procedure shall not exceed six months. Where, for exceptional reasons, it is extended for the longer term, the delegated instructor shall take account of the state of his handling every ten days and of the circumstances which prevent his conclusion from the authority he has sent to him.

7. The decision to terminate the disciplinary procedure shall be reasoned and shall not be considered to be facts other than those which served as a basis for the motion for a resolution, without prejudice to its different legal assessment provided it is not of greater severity.

8. The decision to be taken must be notified to the person concerned and to the Prosecutor's Office, who, if the agreement comes from the Chamber of Government or the Disciplinary Commission, may institute proceedings against the potestative remedy, without prejudice of which they are legally bound. The complainant shall also be notified, if any, who may only use, where appropriate, in the administrative dispute.

The associations of Judges and Magistrates will also be entitled to file, on behalf of their associates, a judicial-administrative appeal, provided that the express authorization of these is accredited.

9. The penalty decision shall be enforceable when the administrative procedure is exhausted, even if the administrative dispute has been brought, unless the Court agrees to its suspension. "

Article 8. Legal support measures.

One. In addition, following Article 216 of the Organic Law 6/1985 of 1 July of the Judiciary, Chapter IVa with the following name and content:

" CHAPTER IV BIS

Of the measures of reinforcement in the ownership of the judicial bodies

Article 216 bis.

Where the exceptional delay or accumulation of cases in a given Court or Court cannot be corrected by the strengthening of the staff of the Secretariat or the temporary exemption from the allocation provided for in the Article 167.1 of this Law may the General Council of the Judiciary agree exceptional measures of judicial support consisting in the attachment, as substitute Judges or Judges of support, of Deputy Judges who are following the theoretical course and Selection at the centre for the selection and training of Judges and Magistrates, in the granting of commissions of service to Judges and Magistrates, or to the attached Judges or Alternate Judges to participate with the holders of such bodies in the processing and resolution of cases which are not pending.

If the cause of delay were structural, the General Council of the Judiciary, together with the adoption of the said provisional measures, will make appropriate proposals to the Ministry of Justice, or to the Autonomous Communities with competence in the matter, in order to adapt the template of the Court or Court concerned or to the correction of the demarcation or plant that proceeds.

Article 216 bis 2.

The proposals for judicial support measures, which must be raised to the General Council of the Judiciary through the corresponding Government Chambers, must contain:

1. The summary of the situation through which the court or tribunal is concerned.

2. A reasoned expression of the causes that have caused the delay or accumulation of cases.

3. º Review of the volume of work of the court and the number and class of cases pending.

4. The Court or Court's update plan with an indication of its temporary extension and of the draft order of the specific function of the Judge or support team, whose role, with full jurisdiction, will be projected in the processing and resolution of cases of new entry or pending registration, with the holder or holders of the body being reserved for matters in proceedings which have not reached that procedural state.

Article 216 bis 3.

1. The Boards of Government which project the establishment of support measures by means of secondment shall give adequate publicity to their purpose so that the Judges and Magistrates who may be interested in the appointment have the opportunity to deduct the corresponding request.

2. If there are several petitioners for the granting of the same service commission, the corresponding Government Chamber, by giving preference to the one that it considers most appropriate, will have to assess the following circumstances:

a) Membership of the Judge or Magistrate requesting the same court order in which the Court or Court is integrated to strengthen.

b) The place and distance of the destination of the requester.

c) The situation of the organ which is the holder.

(d) Knowledge of the right or language and the substantive law of the Autonomous Community in which the commission is to take place.

In all cases in which the commission is to propose itself with relief of functions, it will be a prerequisite for its granting that, in the opinion of the General Council of the Judiciary, prior to the report of the Court of Government of the Court of Justice Superior of Justice under whose jurisdiction the body of provenance is located, the absence of the Judge or Magistrate to whom it is to be covered, at the time of production, in a satisfactory manner by substitution or any other of the formulas provided for in this Act.

Of these assessments, the appropriate mention will be made in the proposal of the Chamber of Government which, moreover, will reflect the acceptance of the Judge or Magistrate whose commission is proposed and express whether or not this one has to be relieved of their functions, on their own destination.

3. Any proposal for a service commission shall express whether or not its concession is entitled to the allowance of allowances and travel expenses and the corresponding remuneration scheme.

Article 216 bis 4.

Service commissions and support schemes of Judges and Alternate Magistrates shall be requested and granted for a maximum period of six months, which shall begin to run from the time of incorporation of the appointed to the Courts or Courts to be strengthened.

However, if the proposed update has not been achieved during that period, the new application of the measure may be proposed for a further period of equal to or less than that for the purposes of the standardisation pursued.

The renewal proposals shall be subject to the same requirements as those laid down for the original legal support measures. "

Two. Article 230 of the Organic Law 6/1985 of 1 July of the Judiciary is worded as follows:

" 1. The Courts and Courts may use any technical, electronic, computer and telematic means for the development of their activity and exercise of their functions, with the limitations that the use of such means establishes the Law Organic 5/1992, 29 October, and other laws resulting from application.

2. Documents issued by the preceding media, whatever their support, shall be valid and effective in an original document provided that their authenticity, integrity and compliance with the requirements laid down by them are guaranteed. procedural laws.

3. The processes that are processed with computer support shall ensure the identification and exercise of the judicial function by the body that exercises it, as well as the confidentiality, privacy and security of personal data that contain in the terms that you set the law.

4. Persons who demand the judicial protection of their rights and interests may relate to the Administration of Justice through the technical means referred to in the first paragraph when they are compatible with those of the Courts. and the Courts and the guarantees and requirements laid down in the procedure in question.

5. The General Council of the Judicial Branch shall determine the conditions and other conditions affecting the establishment and management of the automated files under the responsibility of the judicial bodies of the to ensure compliance with the guarantees and rights set out in the Organic Law 5/1992 of 29 October on the Regulation of the automated processing of personal data.

The software and software applications used in the Administration of Justice must be approved by the General Council of the Judiciary, which will guarantee their compatibility.

Computer systems that are used in the Administration of Justice shall be compatible with each other in order to facilitate their communication and integration, as determined by the General Council of the Judiciary. "

Three. Article 231.4

" 4. The judicial proceedings performed and the documents presented in the official language of an Autonomous Community will have, without the need for translation into Spanish, full validity and effectiveness. Their translation shall be carried out on their own initiative if they are to take effect outside the jurisdiction of the judicial bodies in the Autonomous Community, except in the case of Autonomous Communities with a matching official language. The translation shall also be carried out where the laws so provide or at the request of a party which claims to be defenseless. "

Four. Article 272 (1) of the Organic Law 6/1985, of 1 July, of the Judiciary, is worded as follows:

" 1. In the populations in which several Courts exist and the whole of the judicial activity justifies it, common services may be established for the Decanates and the Presidents of the Provincial Hearings for the practice of notifications and procedural acts of communication, for the execution of sentences, the practice of embargoes and launches, transcription of sentences and those other that are precise for the best management of the judicial organs and the attention to the citizen. "

Five. A paragraph 4 is added to Article 272 of the Organic Law 6/1985, of July 1, of the Judiciary, with the following wording:

" 4. The Ministry of Justice, heard by the General Council of the Judiciary, shall determine its structure, templates and, where appropriate, the special working hours and working hours where the general provisions do not permit the proper functioning of the such services. "

Article ninth. Reporting activity of the General Council of the Judiciary.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 35 (6) is worded as follows:

" 6. The Autonomous Communities, following the report of the General Council of the Judiciary, will determine, by Law, the capital of the judicial parties. "

Two. The first subparagraph and points (a), (e) and (f) of Article 108 (1) shall be drawn up as follows:

" 1. The General Council of the Judiciary shall report the preliminary draft laws and general provisions of the State and the Autonomous Communities that affect all or part of the following matters:

(a) Determination and modification of judicial demarcations and their capitality in the terms of Article 35 of this Law. "

" (e) procedural rules or affecting legal and constitutional aspects of guardianship in the ordinary courts of the exercise of fundamental rights and any other affecting the constitution, organization, operation and governance of the Courts and Courts.

f) Criminal laws and rules on prison conditions. "

Three. A paragraph 3 is added to Article 109 with the following wording:

" 3. When the Regulations of the Chambers so provide, the General Courts may request a report from the General Council of the Judicial Branch on Propositions of Law or amendments dealing with matters falling within the first paragraph of the article. previous. This same rule will apply, in the same case, to the Legislative Assemblies of the Autonomous Communities. "

Four. Article 127 (8) is worded as follows:

" 8. To evacuate the reports provided for in the Law and to exercise the regulatory authority attributed by the Law to the General Council of the Judiciary. "

Article 10. Regulatory authority of the General Council of the Judiciary.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 110 is worded as follows:

" 1. The General Council of the Judiciary may issue Regulations on its staff, organisation and functioning in the framework of the law on public service.

2. The General Council of the Judiciary, in the field of its jurisdiction and with subordination to the laws, may issue Regulations implementing this Law to establish secondary and auxiliary regulations. These Regulations may regulate ancillary conditions for the exercise of the rights and duties that make up the legal status without innovating those rights or to alter it as a whole. They may be approved in cases where they are necessary for the implementation or application of this Law, in so far as it is provided for in this or other Law and, in particular, in the following matters:

(a) System of entry, promotion and specialization in the Judicial Career, regime of judicial officers in practice and of assistant judges and theoretical and practical courses in the center of selection and training of Judges and Magistrates, as well as organisation and functions of such a centre.

To this effect, in the regulatory development of the organization and functions of the center, the composition of its Rector Council, in which the Ministry of Justice will necessarily have to be represented, must be determined. Autonomous Communities with powers in the field of Justice and professional associations of Judges and Magistrates.

b) Form of distribution between shifts and provision of vacant and deserted places of Judges and Magistrates.

c) The minimum length of stay at the judges 'and magistrates' destination.

d) Procedure of the contests and form of request for the provision of seats and charges of discretionary appointment.

e) Training activities of the Judges and Magistrates and the way to obtain specialization degrees.

f) Administrative situations of Judges and Magistrates.

g) Judges and Magistrates ' license and permit scheme.

(h) Valuation as a preferential merit of the knowledge of the language and right of the Autonomous Communities in the provision of judicial seats in the territory of the respective Community.

i) Incompatibilities and processing of files on matters affecting the status of Judges and Magistrates.

j) Content of the judicial escalation, in the terms provided for in this Law.

k) Regime of substitutions, of the alternate Magistrates, of the substitute Judges and of temporary provision and of the Judges of Peace.

(l) Functioning and powers of the Boards of Government, the Boards of Judges and other governmental bodies and elections, appointment and termination of members of the Boards of Government and of the Judges.

m) Inspection of Courts and Courts and handling complaints and complaints.

n) Advertising of judicial proceedings, enabling of days and hours, setting of hours of public hearing and constitution of judicial bodies outside its headquarters.

n) Specialization of judicial bodies, distribution of cases and papers and general rules on the provision and development of the service of guards, without prejudice to the powers of the Ministry of Justice and Home Affairs staff, provided for in Article 455 of this Law.

o) Form of cessation and possession in the judicial organs and confection of alardes.

p) Jurisdictional cooperation.

q) Honours and treatment of Judges and Magistrates and rules on protocol in court acts.

3. The draft implementing regulations shall be submitted to the report of professional associations of Judges and Magistrates and of professional corporations or associations of other nature which are legally recognised as representing the interests to which they may affect. Intervention shall be made to the State Administration, through the Ministry of Justice, and to those of the Autonomous Communities provided that one and the other have powers relating to the content of the Regulation or need to be coordinated with those of the General Council. The consultations and previous studies considered relevant and an opinion on the legality of the project shall be sought.

The Fiscal Ministry shall be heard when it is affected by the matter on which the project is to be viewed, and in particular in the cases referred to in paragraph 2 (2) of this Article.

4. The Regulations, which shall be approved by the Plenary Session of the General Council of the Judiciary by a majority of three fifths of its members, authorized by its President, shall be published in the "Official Gazette of the State". "

Two. Article 139 (2) is worded as follows:

" 2. Regulations approved by the General Council of the Judiciary shall be published in the manner provided for in Article 110.4 of the Law. "

Three. The current paragraph 2 of Article 139 becomes paragraph 3.

Four. Paragraph 2 of the first provision is worded as follows:

" 2. The Government or, as the case may be, the Autonomous Communities with powers in the matter, shall approve the regulations requiring the development of this Organic Law, except where the jurisdiction to do so corresponds to the General Council of the Judicial Branch. (a) the wording of Article 110. When they affect ancillary conditions for the exercise of the rights and duties of the Judges and Magistrates, they shall be subject to the same limits and conditions established for the General Council of the Judiciary. "

Item 11th. Budgetary regime of the General Council of the Judiciary.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 107 (8) is worded as follows:

" 8. Develop, lead implementation and monitor compliance with the Council's budget. "

Two. Paragraphs 12 and 13 of Article 127 are worded as follows:

" 12. Prepare the budget of the General Council of the Judiciary that will be integrated in the General of the State, in an independent section.

13. Direct the implementation of the Council's budget and monitor its compliance. "

Three. The current paragraph 13 of Article 127 becomes paragraph 14 of the same paragraph.

Article twelfth. Incompatibilities and prohibitions of Judges and Magistrates.

Articles 391 and 392 of the Organic Law 6/1985 of 1 July of the Judiciary are worded as follows:

" Article 391. They may not belong to the same Chamber of Justice or Provincial Court, Magistrates who are united by marriage or a situation of equivalent fact, or have a relationship with each other within the second degree of consanguinity or affinity, except that, by legal provision or by application of the provisions of Articles 155 and 198.1 of this Law, several sections exist, in which case they may be integrated into different sections, but not to form a Chamber together.

They may also not belong to the same Chamber of Government as Judges or Magistrates joined together by any of the links referred to in the preceding paragraph. This provision is applicable to Presidents. "

" Article 392.1 Judges or Magistrates may not intervene in the resolution of appeals relating to decisions given by those who have with them any of the relations referred to in the previous article, or in phases any subsequent proceedings which, by their very nature, involve an assessment of the above.

Under this principle, in addition to the obligation to abstain, provided that any of the links referred to in the previous article are present, they are incompatible:

(a) The Judges of Instruction with the one-person Judges of the Criminal who would have to know in oral judgment of the instructions of the judges and with the Magistrates of the Section that are in the same case.

(b) The Magistrates of any Chamber of Justice, whether or not it constitutes an organic section, to which the knowledge of the resources in respect of the decisions of a court is attributed, whatever the order is which belongs, with the Judges or Magistrates of that body. The Supreme Court's Chambers and Sections are excepted from this incompatibility.

2. Any of the relations referred to in the preceding Article shall be incompatible with each other:

(a) The Presidents and Magistrates of the Criminal Court of the National Court and those of the Provincial Hearings, with respect to the members of the Prosecutor's Office of the corresponding Prosecutor's Office, except when in the Hearing Provincial has more than three sections.

(b) The Presidents and Magistrates of the Civil and Criminal Chamber with respect to the Chief Prosecutor and the Prosecutor of that body.

(c) The Judges of Instruction and the Single-Personal Judges of the Criminal, with respect to the Prosecutors assigned to Fiscalas in whose territorial scope they exercise their jurisdiction, with the exception of the Parties where there are more than five organs of the class in question.

(d) The Presidents, Magistrates and Judges in respect of the Secretaries and other staff of the Administration of Justice who are directly dependent on them. "

Article 13th. Competition from the National Court's Administrative-Administrative Room.

Article 66 of the Organic Law 6/1985, of July 1, of the Judiciary, is worded as follows:

" The Chamber of the Contentious-Administrative Office of the National Court will be aware in a single instance of the actions against provisions and acts emanating from the Ministers and the Secretaries of State, unless they confirm on the way the administrative appeal or in the case of supervision or supervision by bodies or bodies, irrespective of their territorial scope. He will also meet with the emanates of the Chiefs of the Army of Land, Navy and Air Force, exclusively in the matters referred to ascents, order and seniority in the scale and destinies. "

Article 14. Agreements and deliberations of the General Council of the Judiciary.

A new paragraph 5 is created, in Article 137 of the Organic Law 6/1985, of July 1, of the Judiciary of the following tenor:

" 5. The agreements of the Council bodies will always be motivated. "

Item 15th. Voluntary leave of absence of members of the Judicial Race.

Paragraph 3 of Article 357 of the Organic Law 6/1985 of 1 July of the Judiciary is worded as follows:

" 3. Voluntary leave may also be granted to members of the Judicial Career when they apply for a special interest. In this case, the voluntary leave may not be declared until five years of effective service have been completed since the Judicial Career has been granted or since the re-entry, and it will not be possible to stay for more than fifteen years, or a period of as a maximum of the effective services which the applicant would have provided in consecutive or alternate periods. It shall not remain in that situation less than two years. '

Article sixteenth.

Article 455 of the Organic Law 6/1985, of July 1, of the Judiciary, is worded as follows:

" The powers in respect of all the staff at the service of the administration of justice included in the previous article correspond to the Ministry of Justice or, as the case may be, to the Autonomous Communities in all matters. on their Statute and legal status, including selection, initial and continuing training, provision of destinations, promotions, administrative situations, working time, working hours and disciplinary arrangements. '

Article seventeenth. State representation and defense.

Article 447 (1) of the Organic Law 6/1985, of July 1, of the Judiciary, is worded as follows:

" 1. The representation and defense of the State and its autonomous organizations, except that, as far as these, its provisions authorize otherwise, as well as those of the constitutional bodies, will correspond to the lawyers integrated in the legal services of the State. The representation and defence of the Management Entities and the General Treasury of Social Security shall be the responsibility of the Letters of the Administration of Social Security, without prejudice to the fact that, in both cases, and according to be determined, may be entrusted to a collegiate lawyer specially designated for this purpose. "

Article eighteenth. Incompatibilities, prohibitions and retirement of the Judicial Secretaries.

The articles listed below of the Organic Law 6/1985 of July 1, of the Judiciary, are amended in the following terms:

One. Article 467 is worded as follows:

"The forced retirement of the members of the various bodies at the service of the Administration of Justice, except that of the Judicial Secretaries, will be at the age of sixty-five years."

Two. Article 474 is worded as follows:

" The Judicial Secretaries are subject to the incapacities, incompatibilities, prohibitions, situations and retirement established in this Law for Judges and Magistrates, with the exception of the prohibitions provided for in the Article 395. "

Article nineteenth. Representation of the parties.

The precepts of the Organic Law 6/1985, of July 1, of the Judiciary that are expressed below will be written in the form indicated:

One. A paragraph 3 is added to Article 438, with the following text:

" 3. In the exercise of their profession, the procurators may be replaced by another prosecutor. Also for acts and in the form that is determined to be regulated, they may be replaced by an authorized officer. "

Two. Article 440 (3) is worded as follows:

" 3. In the case of occupational and social security proceedings, representation may be held by a registered social graduate, to whom the obligations inherent in his function shall apply, in accordance with the provisions of his legal order professional, in this title and especially in Articles 187, 437.2 and 442 of this Law. "

Article 20. Officers, Auxiliary and Agents of the Administration of Justice.

Article 484 (4) of Organic Law 6/1985, of July 1, of the Judiciary, is worded as follows:

" 4. Without prejudice to the provisions of Article 455 of this Law, each Judicial Secretariat shall act under the direct dependence of the Secretary, who shall be responsible for its proper functioning. The Judge or President, however, holds the top address. "

Article twenty first. Institutes of Legal Medicine.

The precepts of the Organic Law 6/1985, of July 1, of the Judiciary, which are expressed below will be written in the form indicated:

One. Article 497 (2) is worded as follows:

" 2. In the course of the proceedings in which they take part as a result of the functions of technical assistance entrusted to them, they shall be at the orders of the Judges, Magistrates, Prosecutors and Saddles of the Civil Registry, in the terms that are regulated, without prejudice to their dependency, by the Director of the Institute of Legal Medicine. "

Two. Article 501 (1) is worded as follows:

" 1. Medical examiners shall be assigned to an Institute of Legal Medicine or the Institute of Toxicology, without prejudice to the fact that they may exceptionally be attached to courts, prosecutors or offices of the Civil Registry, in terms of regulentarily be established. "

Three. Article 501 (2) is deleted.

Four. Article 503 (1) is worded as follows:

" 1. The Ministry of Justice, following the report of the General Council of the Judiciary, and in its case of the Autonomous Community concerned which has assumed competence in the matter, shall determine the rules for the organization and operation of the Institutes of Legal Medicine and the general rules of the performance of Medical Physicians who provide technical assistance to the courts, prosecutors or offices of the Civil Registry. "

Five. Article 504 (1) is worded as follows:

" 1. There shall be an Institute of Legal Medicine in the capital of the province in which a High Court of Justice has its seat, as well as in the capital of the province in which Chambers of the High Court of Justice with jurisdiction in one or more provinces. In the other cities, there may be Institutes of Legal Medicine, with the scope to be regulated by the Government at the proposal of the Ministry of Justice or, where appropriate, the Autonomous Community affected by the matter. "

Six. Article 506 (1), (2) and (3) shall be worded as follows:

" 1. At the Institutes of Legal Medicine a Medical Examiner will exercise the direction of the center in the way it is regulated.

2. In the Institutes of Legal Medicine and the Institute of Toxicology, they will provide university graduate services in nursing or technical health assistants, which will be selected through the specific tests that will be regulated. determine.

3. They shall also provide laboratory auxiliaries and specialist technicians, who shall also be selected by the specific tests to be determined. Laboratory auxiliaries and specialist technicians shall be assimilated, for the purposes of remuneration, to the auxiliaries and officers of the Administration of Justice, respectively. '

Article twenty-second. Staff competition at the service of the Administration of Justice.

Article 495 (2) of Organic Law 6/1985 of July 1, of the Judiciary, is amended in the following terms:

"Neither shall those who do not carry the time limit which is determined to be determined and which shall not be less than one year at the time of the forced or voluntary destination."

Article twenty-third. Territorialization of the calls of officers, auxiliaries and agents.

Article 491 (2) of Organic Law 6/1985, of July 1, of the Judiciary, is worded in the following terms:

" 2. In accordance with Article 315 of this Law, the convocation may be territorialized, so that the vacancies of one or more territories are grouped together with the scope of each Superior Court of Justice. In this case, the applicant must choose one of the territorial areas that the convocation expresses and, if approved, will necessarily be destined to one of the vacancies located in the same. "

Article twenty-four. Public hearing hours of Courts and Courts.

Article 188 (1) of the Organic Law 6/1985 of 1 July of the Judiciary is worded as follows:

" 1. The Judges and the Presidents of the Audiences and Courts, within the limits set by the General Council of the Judiciary, shall indicate the hours of public hearing necessary to ensure that the processing of the proceedings is produce without undue delay. They shall be made known through an edict ostensibly fixed on the outside of the halls of the Courts and Tribunals. "

Article twenty-fifth. Time and day of the Secretariats and Judicial Offices.

Article 189 (1) of the Organic Law 6/1985, of July 1, of the Judiciary, is worded as follows:

" 1. The hours and the working day in the Secretaries and judicial offices of the Courts and Courts shall be established by the Ministry of Justice, heard by the General Council of the Judiciary and the Autonomous Communities with powers in the matter.

The work schedule shall respect the public hearing of Courts and Tribunals established by the General Council of the Judiciary and shall not be lower than that established for the Public Administration.

The Ministry of Justice, prior to the report of the General Council of the Judiciary, will determine the system of control of the hours and the justification of incidents in all the Secretariats and judicial offices of Courts and tribunals, as well as special schedules and amendments to the general rule where the public service may be required to do so.

The control of the incidents regarding the compliance of the schedule within each judicial office shall be carried out by the judicial secretary who shall account for them to the Judge or President and to the Ministry of Justice in the framework of their respective competences. "

Additional disposition first. Judicial disciplinary responsibility in the area of Military Jurisdiction.

1. The disciplinary responsibility of those who, according to the Organic Law 4/1987, of July 15, on Competition and Organization of Military Jurisdiction, will exercise judicial, fiscal and secretarial charges, will be demanded according to the In the case of Judges and Magistrates in Chapter III and Title III of Book IV of the Organic Law 6/1985 of July 1, the Judicial Branch, with the appropriate adjustments and the provisos set forth below.

2. References made in that chapter to the Ministry of Public Prosecutor's Office shall be construed as references to the Military Legal Prosecutor's Office.

3. The particulars contained in the legal and administrative appeal shall be construed as references to the route or appeal provided for in Article 23.6 of the Organic Law 4/1987 of 15 July, with the exception of the provisions of the second subparagraph of paragraph 8. Article 425 of the Organic Law 6/1985 of 1 July, which shall not apply in the field of Military Jurisdiction.

4. The faults provided for in Articles 417.2 and 10, 418.8 and 12 and 419.4 of Organic Law 6/1985 of 1 July shall not apply in the field of Military Jurisdiction.

5. The reference to "judicial powers" contained in article 417.9 of the Organic Law 6/1985, of July 1, is understood to be made, for the ambit of the Military Jurisdiction, to "judicial, fiscal and of the Rapporteurships." The particulars of Article 418.2 and 3 of the same Law to 'another Judge or Magistrate' and to the 'condition of Judge' shall be understood as being made, for the same scope, to 'another court or prosecutor' and to 'judicial or tax functions', respectively.

6. Serious misconduct in the field of Military Jurisdiction shall be deemed to be: " Serious and repeated confrontations, for reasons attributable to the persons referred to in Article 128 of the Organic Law 4/1987, of 15 July, with the Authorities and with the Military Mandos of the constituency in which they are responsible. '

7. The very serious lack of legislation in Article 417 (7) of the Organic Law 6/1985 of 1 July 1985 will have the following content for the scope of the Military Jurisdiction: "To cause the appointment for judicial, fiscal or judicial functions." The Office of the Rapporteur is responsible for any of the situations of incompatibility or prohibition provided for in Article 120 of the Organic Law 4/1987, of July 15, or to remain in the performance of his position without putting the organ's knowledge the circumstances necessary to proceed to the end of the destination ".

8. Serious misconduct in the field of Military Jurisdiction shall be deemed to be: " Non-compliance, by the Prosecutors, with the specific Orders and Instructions on the application and interpretation of the laws, in general or in relation to a given fact, they have been given by their superiors. "

9. The serious misconduct referred to in paragraphs 5, 11 and 14 of Article 418 of Organic Law 6/1985 of 1 July 1985 shall, for the purposes of the Military Jurisdiction, contain the following content, respectively:

(a) " The excess or abuse of authority or serious lack of consideration with respect to the subordinates, members of the Military Legal Prosecutor's Office, lawyers, attorneys, prosecutors and those who go to the Military Judicial Bodies in any concept ".

(b) " Repeated failure or failure to comply with the requirements of the General Council of the Judiciary, the Government Chamber of the Central Military Tribunal and the Auditors in the exercise of their legitimate powers Presidents of the Central and Territorial Military Courts and, in the case of those who carry out fiscal positions, the Attorney General of the State, the Attorney General, or the Chief Prosecutors of the Military Courts or their respective representatives, or the (a) the obstruction, where appropriate and in all cases, of its inspection functions. '

(c) "Unjustified abstention when declared by the competent authority in accordance with the provisions of the Organic Military Procedural Law".

10. The minor offences referred to in Article 419 (2) and (5) of the Organic Law 6/1985 of 1 July 1985 shall, for the purposes of the Military Jurisdiction, contain the following content, respectively:

(a) " Disattention or disconsideration with equal or lower in the judicial or judicial hierarchical order, with members of the Military Legal Prosecutor's Office, lawyers and prosecutors, with the Secretaries, officers, auxiliary of the body the court of law and with those who are involved in any such concept. "

b) " Disattention to the requirements that the General Council of the Judicial Branch, the Government Chamber of the Central Military Court and the Presidents of the Courts hold in the exercise of their legitimate powers. Central and Territorial Military and, in the case of those who will serve as prosecutors, the Attorney General of the State, Prosecutor General, the Chief Prosecutors of the Military Courts, or their representatives. "

11. The penalties for forced removal and separation, provided for in Article 420 of the Organic Law 6/1985 of 1 July 1985, are replaced in the field of Military Jurisdiction by the loss of destination and separation of service, respectively, with the effect of the cessation of the charge, who will not be able for two years to be assigned to judicial, fiscal or office-related charges.

12. The imposition of sanctions referred to in Article 421 of the Organic Law 6/1985, of July 1, is limited, in the field of Military Jurisdiction, to those who exercise military judicial charges, being competent, to this effect, for the (a) the Central Military Court's ruling Chamber, which is minor to minor faults.

13. The designation of a delegated Instructor, as referred to in Article 423.3 of the Organic Law 6/1985 of 1 July, shall be adjusted, in the field of Military Jurisdiction, to the following: " In the agreement to initiate the procedure, the following shall be appointed: Instructor delegated to a member of the Military Legal Body carrying out military judicial functions superior to that against which the procedure is directed, unless the designated Instructor is a General Officer which shall be valid for any issued. A Secretary of the same Body and the same functions shall be appointed on a proposal from the delegated Instructor. "

14. The provisional suspension of the issue, which is provided for in Article 424 of the Organic Law 6/1985 of 1 July, will also require, in the field of Military Jurisdiction, the prior hearing of the Chamber of Government of the Military Tribunal. Central.

15. In the case of serious and very serious misconduct, a report from the Government Chamber of the Central Military Court should be requested after the procedure for the submission of the resolution has been completed or completed. This report will also be requested in the case provided for in Article 423 (2) of the Organic Law 6/1985 of 1 July.

16. Article 143 of Organic Law 4/1987, of July 15, is worded as follows: " They shall be competent for the imposition of sanctions: 1. To impose the warning, the respective Chief Prosecutor. 2. To impose the penalty of fine in all its extension, the Attorney General of the State and by his delegation, the Attorney Togado. 3. To impose the sanctions corresponding to very serious faults, the Minister of Defense at the proposal of the Attorney General of the State ".

17. Articles 129 to 134 and 136 to 142 of the Organic Law 4/1987, of 15 July, are not contained.

18. The validity, for the members of the Military Legal Prosecutor's Office and of the Rapporteurships, of the rules of competence and procedure contained in Articles 143, is maintained, as provided for in paragraph 16 of this provision. In addition, 144, 145, 146, 147 and 148 of the Organic Law 4/1987 of 15 July, although the references made to Article 142 are to be understood as references to Article 425 of the Organic Law 6/1985, of July 1, of the Judicial Branch, is applicable.

Additional provision second. Access to the Judicial Career.

The system of access to the Judicial Career, both by the category of Judge and by that of the Magistrate, established in paragraphs 3 and 4 of Article 301 of the Organic Law 6/1985, of July 1, of the Judicial Branch, will be maintained. until the definitive system of access to the Judicial Race is established in a further reform of the Law of the Judicial Branch.

Additional provision third. Training systems for Judges and Magistrates.

As of the entry into force of this Law, the General Council of the Judiciary will establish specific and mandatory training systems for those Judges or Magistrates who wish to access the Unpersonal Courts of the administrative-administrative matters, even if they have not been put into operation, except for the Magistrates who are already assigned in that court order.

Additional provision fourth. Coverage of places by Temporary Provision Judges.

The provision of seats by Judges under temporary provision shall be maintained for a period of five years from the entry into force of this Law, from which time vacancies which cannot be filled by Judges holders shall be provided exclusively in the form set out in Article 212 (2) of this Law.

Additional provision fifth. Development of article 53.2 of the Spanish Constitution.

Within six months, after the entry into force of this Organic Law, the Government will forward to the Courts a draft Law on the development of article 53.2 of the Spanish Constitution.

Additional provision sixth. References to the Ministry of Justice.

All the mentions made in the Organic Law 6/1985, of July 1, of the Judicial Branch, to the Ministry of Justice, will be understood as referring to the Ministry of Justice and Interior.

First transient disposition. Regulatory authority of the General Council of the Judiciary.

The rules on procedures for the elaboration of regulatory provisions for the development of the Organic Law of the Judiciary by the General Council of the Judiciary will be applicable from the entry into force of the this Act.

Second transient disposition. Transitional arrangements for calls for tests for selection, promotion and specialisation.

1. The new system of selection, of competition for access to the category of the Magistrate of jurists of recognized competence and of tests of promotion and specialization will apply to the calls that are carried out from the six months following the entry into force of this Organic Law, with the exceptions set out in the following paragraphs.

2. The selection tests, of the contest for the access to the category of jurists of jurists of recognized competence and of promotion and specialization already convened on the date of the entry into force of this Law will be governed by the norms in force in the date of the call. The General Council of the Judiciary will carry out all the calls for this Law to enter into force. The provisions of this Regulation shall be governed by the provisions of Article 3 (1) of Regulation (EU) No No 1

the European Union and of the Council of the European Union.

3. The provisions introduced by this Law on the development of the interview and the form of punctuation in the competitions for the access to the category of Magistrate among jurists of recognized competence will apply to the contests that are were developed at the time of their entry into force, provided that the interview phase had not begun.

4. The rule on the powers of the General Council of the Judicial Branch with respect to the proposals of the Qualifying Courts contained in article 313.11, as amended, of the Organic Law of the Judiciary will be applicable to the proposals that are make the entry into force of this Law.

5. The Magistrates and the members of the Fiscal Career may be presented to the specialized tests called upon from the entry into force of this Law, provided that they meet the requirements of the Organic Law of the Judicial Branch with the amendments introduced by this Act.

6. The rules on the composition of courts of oppositions introduced by this Organic Law will apply to the calls that are approved as of its entry into force.

7. The right to make the call for competitions for access to the category of the Magistrate of jurists of recognized competence provided for in Article 311.3, as amended, of the Organic Law of the Judiciary, will be of application from the entry into force of this Law.

8. The powers of initiative for the convocation of selection tests and competitions and of hearing in the elaboration of regulatory norms and in the call of tests of selection and of access to the category of the Magistrate of jurists recognized competence will apply from the entry into force of this Law.

Transitional provision third. Regime of substitute magistrates and substitute judges and temporary provision.

1. The amendments introduced by this Law into the regime relating to substitute magistrates, substitute judges and temporary provisions shall apply from the first proposals or arrangements for appointment or extension to be made. from its entry into force, with the exceptions set out in the following paragraph.

2. The provisions on the replacement of the Presidents of the High Courts of Justice and on the arrangements for the action of substitute judges and substitute judges and on the cessation of each other shall be immediately applicable.

The Deputy Magistrates who at the entry into force of this Law were serving in the Courts will remain in that situation even though they would have fulfilled the seventy-two years until the end of the period for the who were appointed.

3. The provisions of Article 307 concerning the duration of the theoretical and practical course of selection shall not apply to the first two invitations to be issued on the basis of the entry into force of this Law, in which the minimum duration shall be of a year.

Transitional disposition fourth. Rules on requirements for entry and stay in the Judicial Career.

The limitations regarding the entry and stay in the Judicial Race regulated in Articles 301.5 and 311.4, modified, of the Organic Law of the Judicial Branch, will apply from the entry into force of this Law, to the extent that they constitute an alteration of the current regime.

Transient disposition fifth. Transfer competitions.

The rule on the ability not to temporarily remove certain vacancies in the transfer competitions introduced by this Law in Article 326.2 of the Organic Law of the Judiciary will be applicable to those who are from the entry into force of this Law.

Transitional disposition sixth. Members of the technical bodies of the General Council of the Judiciary.

1. Officials assigned to the technical bodies of the General Council of the Judiciary shall continue to be in active service in their home body or race, except where they are covered by the right to be regulated in the following paragraph.

2. Officials assigned to the technical bodies of the General Council of the Judicial Branch who have been appointed in the manner provided for in Article 146.1, as amended, of the Organic Law of the Judicial Branch, may benefit from the special services provided for in paragraph 3 of that Article within 30 days of the entry into force of this Law. In the event of such a situation, the period referred to in Article 146.1, as amended, of the Organic Law of the Judiciary, shall begin to be computed from the day of the entry into force of this Law. In the event that they do not comply with that situation, they shall retain their rights in accordance with the rules in force at the time of the entry into force of this Law.

3. As from the entry into force of this Law, officials assigned to the technical bodies of the General Council of the Judiciary which have received the right provided for in paragraph 2 of this provision, whatever the Body or Career to which they belong, may take part in the competitions for the provision of corresponding jobs to make the rights inherent in the situation of special services effective.

4. The Magistrates and Judicial Secretaries to the technical bodies of the General Council of the Judiciary at the time of the entry into force of this Law which would have received the right provided for in paragraph 2 of this provision, when they cease to be in office, unless they have obtained a place, they shall be assigned on a provisional basis to the Chambers of the High Court of Justice or to the Provincial Court, or to Madrid, or to those of the population in which they were intended to be appointed to the technical bodies of the Council, as they choose.

Those with the category of Supreme Court Magistrates will be attached to it. In other cases, the respective Governing Board shall determine the specific membership according to the court of origin and the needs of the service.

5. The membership referred to in paragraph 4 of this provision shall be maintained until such time as they obtain a place in the body for which they are assigned. To this end, they shall be obliged to take part in all competitions in which places corresponding to them are announced. The lack of participation in these competitions will lead to the forced destination of the first place which will be deserted.

Transitional disposition seventh. Center for Legal Studies of the Administration of Justice.

1. Upon the entry into force of this Law, the Center for Judicial Studies will be renamed the Center for Legal Studies of the Administration of Justice. Personnel, assets and economic resources and resources are transferred to the Center for Legal Studies of the Administration of Justice.

2. The Director, the Head of Studies and the Secretary of the Centre for Judicial Studies shall continue in their duties until the holders of the relevant management bodies of the Centre for Legal Studies of the Administration of Justice are held. Justice.

3. The courses that are being held will be taken up by the Legal Studies Center of the Administration of Justice, which will also develop the following courses until its Rules of Procedure are enacted.

4. Until such time as its Rules of Procedure are issued, the Director of the Legal Studies Centre of the Administration of Justice, with the category of Director-General, will be appointed and separated by Royal Decree, on the proposal of the Minister of Justice and Home Affairs.

Single repeal provision. Repealed:

1. The regime of disciplinary disciplinary responsibility of Judges and Magistrates, contained in the Laws of Civil Procedure and Criminal Procedure, and in particular the precepts that are specified in the following paragraphs.

2. The second paragraph of Article 216, the third paragraph of Article 301, Article 302, the second paragraph of Article 375, Article 433, Article 447 and the second paragraph of Article 1,475 of the Civil Procedure Act, as well as the 'the Judge or the Court' and the sentence 'or if only the parties' to the first paragraph of Article 108 (1) and the sentence 'and shall impose on them the other disciplinary corrections to which they give rise' in the first paragraph of Article 373 of that Law.

3. The third paragraph of Article 44, the 'and the superior shall apply to the morose with disciplinary correction, without prejudice to the greater responsibility in which he may incur' in the second paragraph of Article 192, the second paragraph of Article 198, the sentence "or promote disciplinary correction to the place" of Article 200, the second indent of the third paragraph of Article 230, Article 325, Article 394 and the second paragraph of Article 435 of the Criminal Procedure Act.

4. How many Laws and provisions are contrary to the provisions of this Organic Law.

Final disposition first. Regulatory development.

General Council of the Judicial Branch will proceed to issue the necessary regulations for the development of the Organic Law of the Judicial Branch, as amended by the law, within six months. This Act.

Final disposition second. Entry into force.

This Organic Law will enter into force within thirty days of its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Organic Law.

Madrid, 8 November 1994.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ