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

Article 1 of the Constitution states that Spain constitutes a social and democratic rule of law that advocates freedom, justice, equality and pluralism as superior values of its legal order. policy.

It is the rule of law, mainly involving the separation of the powers of the State, the rule of law as an expression of popular sovereignty, the subjection of all public authorities, the Constitution and the rest of the system. The legal and effective procedural guarantee of fundamental rights and public freedoms requires the existence of organs which, institutionally characterized by their independence, have a constitutional position to allow them to implement and implement impartially the norms that express the will of the people, subject to all public authorities to comply with the law, to monitor the legality of administrative action and to provide all persons with effective protection in the exercise of their legitimate rights and interests.

The set of organs that carry out this function constitutes the judicial branch of which the title VI of our Constitution is occupied, setting it up as one of the three branches of the State and entrusting it with exclusivity, the exercise of judicial authority in all types of proceedings, judging and enforcing the court, in accordance with the rules of jurisdiction and procedure laid down by law.

Article 122 of the Spanish Constitution provides that the Organic Law of the Judiciary will determine the constitution, functioning and governance of the Courts and Courts, the legal status of the Judges and Magistrates a career, which will form a single body and the staff at the service of the Administration of Justice, as well as the status and incompatibilities of the members of the General Council of the Judiciary and its functions, in particular in the field of appointments, promotions, inspection and disciplinary arrangements.

The demands of constitutional development have demanded the approval of an Organic Law that will regulate the election, composition and functioning of the General Council of the Judiciary, even before the organization has proceeded to the organization. Judicial branch of the judiciary. Such Organic Law has, in a few respects, an interim character that is explicitly recognized in its transitional provisions, which refer to the future Organic Law of the Judiciary.

This Organic Law therefore satisfies a double objective: it puts an end to the situation of provisionality so far existing in the organization and functioning of the Judicial Branch and complies with the constitutional mandate.

II

At present, the Judicial Branch is regulated by the Provisional Law on the Organization of the Judiciary of 18 September 1870, by the Law of 14 October 1882 on the Organic Power of the Judiciary, by the Law of Bases for the reform of the Municipal Justice of July 19, 1944 and numerous legal and regulatory provisions that subsequently were dispersed in a dispersed manner in relation to the same subject matter.

These rules do not meet the demands of today's Spanish society. From the liberal regime of separation of powers, then newly conquered, which enacted those Laws, a century later, a Social and Democratic State of Law, which is the political organization of a nation that it wants, has been passed on. establishing an advanced democratic society and in which the public authorities are obliged to promote the conditions for the freedom and equality of the individual and the groups to be real and effective, to remove the obstacles that prevent or make it more difficult for all citizens to participate in political, economic and political life. social. The fulfillment of these constitutional objectives requires a judicial branch adapted to a predominantly industrial and urban society and designed in attention to the changes in the territorial distribution of its population, in the division social work and the ethical conceptions of citizens.

To all of this, we must add the remarkable transformation that has taken place, by the work of the Constitution, in the territorial distribution of power. The existence of Autonomous Communities that are assigned by the Constitution and the Statute of the Constitution in relation to the Administration of Justice requires that the legislation in force be amended in this respect. Both the Constitution and the Statutes of Autonomy provide for the existence of the Supreme Courts of Justice which, according to our Magna Carta, will culminate the judicial organization in the territorial scope of the Autonomous Community.

The ineluctable and unmissable need to accommodate the organization of the Judiciary to these constitutional and statutory provisions is therefore an imperative that justifies the approval of this Organic Law.

Finally, it should be noted that this is only one of the rules that, in conjunction with many others, has to update the legislative body-both substantive and procedural-Spanish and adapt it to legal, economic and social. This will require a hard work of reform of the Spanish legislation, part of which has already been undertaken, in order to achieve a harmonious whole characterized by its uniformity.

III

The broad lines of the Law are expressed in their preliminary title. The principles that are enshrined in the Constitution are enshrined in it. The first of these is independence, which is the essential characteristic of the judiciary as such. Their demands are made through concrete mandates that define precisely their exact content. Thus, it is necessary that the independence in the exercise of the judicial function is extended to all, even in the case of the courts themselves, which implies that neither the Judges or the Courts themselves will be able to correct, be on the occasion of the legal remedy, the action of its children, and the possibility of circulars or instructions of general character and relating to the application or interpretation of the Law shall also be excluded.

The way in which the Organic Law regulates the independence of the Judiciary can be affirmed that it has a characteristic: its fullness. Plenitude arising from the obligation imposed on the public authorities and private individuals to respect the independence of the judiciary and the absolute subtraction of the legal status of Judges and Magistrates to any possible interference which It is a matter of the other powers of the State, so that the classic guarantee-constitutionally recognized-of immobility is added to a regulation, by virtue of which all the powers of the executive power over the application of the statute are excluded organic of those. Consequently, the professional career of Judges and Magistrates will be fully and governed by the rule or, with absolute exclusivity, will depend on the relations which the Council adopts in the statutory discretionary field. General of the Judiciary.

The importance that the fullness of judicial independence will have in our order must be valued by completing it with the character of the whole with which the Law gives the judicial authority. The courts, in fact, control without exceptions the regulatory authority and the administrative activity, with which no action of the executive branch will be subtracted to the control of an independent power and submitted exclusively to the rule of law. It will be necessary to agree that the rule of law proclaimed in the Constitution reaches, as an organization governed by the law that expresses the will of the people and as a system in which the government of men is replaced by the rule of law, the maximum potential.

Corolarios of judicial independence are other precepts of the preliminary title that concretize their different perspectives. Thus, the unity of jurisdiction, which, as a result of the constitutional mandate, is absolute, with the sole exception of the jurisdiction of the military jurisdiction, which is limited to the strictly military sphere governed by the law and the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Expropriation of the rights recognized against the Public Administration in a firm judgment.

IV

One of the characteristics of the Spanish Constitution is the overcoming of the purely programmatic character that once was assigned to the constitutional norms, the assumption of direct and immediate legal effectiveness and, as a summary, the position of undisputed supremacy that it enjoys in the legal system. All of this makes our Constitution a rule directly applicable, with preference to any other.

All of these characters derive from the content of the constitutional text itself. First of all, from Article 9.1, which prescribes that "citizens and public authorities are subject to the Constitution and to the rest of the system." Other constitutional provisions, such as the one that repeals how many rules are opposed to the constitutional text or the one that regulates the procedures for declaring unconstitutionality, complete the effect of paragraph 1 of Article 9. system that makes the Magna Carta the supreme norm of our order with all the legal effects to it inherent.

The preliminary title of this Organic Law singularizes in the Judiciary the generic linkage of Article 9.1 of the Constitution, providing that the Laws and Regulations will have to be applied according to the precepts and principles constitutional and in accordance with the interpretation of the same as the Constitutional Court. The importance of the values advocated by the Constitution as superior and of all the other general principles of the law which derive from them, as a source of the law, is thus ratified. the characteristics of completeness and coherence that are required of it and ensures the effectiveness of the constitutional precepts and the uniformity in the interpretation thereof.

Furthermore, it is available that only the question of unconstitutionality will proceed when it is not possible to accommodate, by the interpretative route, the rule at issue to the constitutional mandate. The relationship of the judge is reinforced with the fundamental norm, and a dynamic element of active protection is introduced in this subjection, which transcends the mere passive respect for the Supreme Law.

The value of the Constitution as the supreme norm of the system is manifested, also, in other complementary precepts. Thus, the infringement of the constitutional precept is configured as sufficient grounds for the appeal and the direct applicability of fundamental rights is expressly mentioned, making explicit protection of the essential content which safeguard the Constitution.

V

The State is organized territorially, for judicial purposes, in municipalities, parties, provinces, and Autonomous Communities, over which the courts exercise jurisdiction, Courts of First Instance and Instruction, the Administrative, Social, Penitentiary and Child Surveillance, Provincial Hearings and Superior Courts of Justice. The National Court and the Supreme Court have jurisdiction over the entire national territory.

The Law contains important innovations at this point. Thus, the procedure for the designation of the Justices of Peace is democratized; the District Courts, which are transformed into the Courts of First Instance or Instruction, are deleted; they are created as one-person Courts of the Administrative-Administrative As for the Social, replacement of the latter of the Labor Magistratures; competences in civil matters are attributed to the Provincial Hearings and, in short, the sphere of the National Audience is modified, creating in the same a Room of the Social, and maintaining the Chambers of the Criminal and the Administrative-Administrative.

However, the most important changes are those derived from the territorial configuration of the State in Autonomous Communities that the Constitution makes and which, logically, is projected on the territorial organization of the Judiciary.

The Organic Law complies at this point with constitutional and statutory requirements. For this reason, and as more relevant decisions, the Supreme Courts of Justice will be created, culminating in the judicial organization in the Autonomous Community, which implies the disappearance of the existing Territorial Hearings as supra-provincial courts of non-national scope.

To this end, the regulation of the participation of the Autonomous Communities in the delimitation of territorial demarcations, as well as the competences assigned to them in reference to the management of the media, must be added. materials.

With this new judicial organization, in need of the development that will carry out the future Law of Plant and Judicial Demarcation-which the Government undertakes to refer to the General Courts within one year-it is intended to at the disposal of the Spanish people a network of judicial bodies which, together with the greatest possible immediate action, will ensure, above all, the effective implementation of the fundamental rights recognized in Article 24 of the Spanish Constitution, including, the right to a public trial without undue delay and with all the guarantees.

VI

order to guarantee the independence of the judicial branch, the Constitution creates the General Council of the Judiciary, which the government entrusts, and refers to the Organic Law the development of the rules contained in its article. 122.2 and 3.

In compliance with such mandates, this Organic Law recognizes the General Council as all the necessary powers for the application of the organic status of Judges and Magistrates, in particular as regards appointments, promotion, inspection and disciplinary arrangements. The Law conceives the powers of inspection of Courts and Courts, not as a mere repressive activity, but rather as a power that incorporates elements of improvement of the organization that is inspected.

For the election of the twelve members of the General Council of the Judiciary, which, in accordance with Article 122.2 of the Spanish Constitution, must be elected "between Judges and Magistrates of all judicial categories", the Law, informed by a democratic principle, on the basis that it is the governing body of a State Power, remembering that the powers of the State emanate from the people and in the attention of the character of representatives of the sovereign people who The General Cortes, which attributes to them the selection of such members of judicial provenance of the General Council. The demand for a very qualified majority of three fifths-which the Constitution requires for the election of the other members-guarantees, at par with the absolute coherence with the general character of the democratic system, the convergence of different forces and avoids the formation of a General Council that responds to a concrete and conjunctural parliamentary majority. The law also regulates the status of the members of the Council and the composition and powers of the bodies in which it is articulated. Likewise, the majority necessary for the nomination of the President of the Supreme Court and the General Council of the Judiciary and other institutional positions is reinforced. Finally, the Court of Justice-Administrative Court of the Supreme Court is given the jurisdiction to hear of the actions brought against the acts and provisions of the full or disciplinary commission of the General Council. of the Judiciary not susceptible of alzada.

It remains to be added that the entry into force of this Organic Law will mean the repeal of the Law of the same character 1/1980, of January 10, whose provisionality has already been revealed.

The Organic Law modifies the system of designation of the Chambers of Government, partially introducing the elective methods. This is advised by the governmental and non-jurisdictional functions that are called to be fulfilled, as well as by the new competences that this same Organic Law attributes to them. In these circumstances, given that the activity of the Chambers of Government primarily affects Judges and Magistrates and does not directly affect individuals, a partial system of open and majority voting is adopted, in which the plays a notable role in the personal knowledge of electors and elected.

The materialization of the principles of pluralism and participation that the government of the judicial branch wants to impregnate imposes a profound modification of the current regulation of the right of professional association that the article 127.1 of the Constitution recognizes Judges, Magistrates and Prosecutors. The transitional system of voluntary freedom of association so far contains unjustified restrictions to which it is put to an end. Hence, this Organic Law recognizes the right of free professional association with the only limitation of not being able to carry out political actions or have links with political parties or trade unions. Professional associations shall be validly constituted since they are registered in the register to be carried out by the General Council of the Judiciary.

VII

The practical realization of the right, constitutionally recognized to the effective judicial protection, requires as an indispensable budget that all the courts are provided with their corresponding holders, Judges or Magistrates. Very serious damage occurs in legal certainty, in the right to a trial without delay, when the Courts and Courts are vacant for long periods of time, with the corresponding accumulation of pending cases and delay in the administration of justice. This has led to the use of formulas for substitutions or extensions of jurisdiction, especially inconveniences in those territories where there is a progressive and increasing increase in work. It is therefore harmless to deal with and resolve such a problem.

The facts show that the classic mechanisms for selecting judicial personnel do not allow Spanish society to have enough judges and judges to have enough of them. It is therefore necessary to use complementary mechanisms. To this end, the Organic Law provides for a system of access to the judicial career of jurists of recognized prestige. This will allow, first of all, to meet the needs and fill the vacancies that otherwise could not be so; secondly, to incorporate as relevant a function as the judicial one to whom, in other legal fields, they have proved to be in conditions of providing accredited capacity and competence; finally, to achieve between the judicial career and the rest of the legal universe the osmosis which, to be sure, will be given when they are integrated into the judiciary who, for having exercised the law in other sectors, will provide different perspectives and incorporate different sensitivities into a exercise that is characterized by conceptual wealth and diversity of approaches. The required requirements, and the fact that the same guarantees of objective and rigorous selection that govern the classic path of the free opposition operate here, simultaneously assure the impartiality of the elector and the capacity of the chosen one. It is not, in short, another thing to incorporate into our system of selection experienced mechanisms of old success not only in several countries, but even among ourselves, and precisely in the Supreme Court.

However, the basic system of entry into the judicial career remains the one of free opposition among law graduates, completed by the approval of a course at the judicial and judicial studies center. court.

Access to the category of Magistrate is verified in the following proportions: of each four vacancies, two will be provided with the Judges occupying the first place on the ladder within the category; the third, by means of selective and specialised evidence of the administrative and social dispute between the Judges, and the fourth, by contest between lawyers of recognised competence and more than ten years of exercise.

As far as the system of destination provision is concerned, it is still maintained as a basic criterion, with regard to Courts, Hearings and Superior Courts of Justice, that of seniority. This does not, however, prevent the introduction of specialisation, as a system of promotion in the judicial career, which is, on the one hand, necessary in view of the magnitude and complexity of the legislation of our day and, on the other hand, As soon as it introduces elements of stimulus in order to the permanent formation of Judges and Magistrates.

Furthermore, the regulation of the judicial career is carried out under the basic criterion of its approval with the common rules that govern the rest of the civil servants, maintaining only those peculiarities that are derive from their specific function.

VIII

The first four books of the Law regulate how much the organization, government, and regime of the organs that make up the judicial branch and its governing body refer to. Books V and VI establish the basic regulatory framework for those other bodies, bodies of officials and professionals who, without integrating the judicial branch, collaborate in various ways with him, making possible the effectiveness of their protection in the terms established by the Constitution.

The Law thus refers, in the first place, to the Prosecutor's Office, which has the task of promoting the action of justice in defense of legality, citizens ' rights and the public interest, and of ensuring independence. of the Courts and the satisfaction of the social interest as provided for in Article 124 of the Constitution.

Consagra also the Law of the Law of the Lawyers and Attorneys, to which the management and defense of the representation of the parts is reserved, since to them it is appropriate to guarantee the legal assistance to the citizen in the process, in a mandatory manner where required and, in any case, as a right to defence and legal assistance expressly recognised by the Constitution.

The Judicial Police, as an institution that cooperates and assists the Administration of Justice, is enhanced by the establishment of units functionally dependent on the judicial authorities and the Prosecutor's Office.

Regulates also the Law the staff who serve the Administration of Justice, understanding in it the Secretaries, as well as the Medical Physicians, Officers, Auxiliary and Agents, bodies all of them of officials who in their respective competencies assist and collaborate with the Judges and Courts.

The functions of the Secretaries deserve special regulation in Title IV of the Book III, since they correspond to the judicial public faith at the same time as the ordination and impulse of the procedure, their strengthened their procedural address functions.

In addition to the basic provisions on the structure and functions of the bodies of Officers, Auxiliary and Agents, as well as of the Medical Physicians, the Law establishes the provision that other technicians may serve the administration. of Justice, constituting the effect of bodies and scales, or under contract of employment. This is to ensure and enhance the structure of the staff in the service of the judicial bodies and their increasingly necessary expertise.

IX

The citizen is the recipient of the Administration of Justice. The Constitution requires and this Organic Law enshrines the principles of orality and advertising, which accentuates the necessary inmediation to be developed in the procedural laws and, together with this, is regulated for the first time. assets of the State which may be derived from the judicial error or the abnormal functioning of the Administration of Justice, without prejudice to the individual responsibility of Judges and Magistrates of a civil, criminal and disciplinary nature, in this way a fully responsible Judiciary.

X

The additional, transitional and final provisions of the Law regulate the problems of their economic application, making it possible to adapt the judicial organization in force to which this Law establishes and expressly provides for development laws to be implemented in full by the new organisation of the judiciary.

PRELIMINARY TITLE

Of the Judiciary and the exercise of judicial power

Article first

Justice emanates from the people and is administered on behalf of the King by judges and magistrates who are members of the judiciary, independent, immovable, responsible and subject only to the Constitution and the rule of law.

Article second

1. The exercise of judicial authority by judging and executing the court is exclusively for the Courts and Courts determined in the laws and in international treaties.

2. The Courts and Tribunals shall not exercise more functions than those mentioned in the preceding paragraph, those of the Civil Registry and the others that are expressly attributed to them by law in the guarantee of any right.

Third Article

1. Jurisdiction is unique and exercised by the Courts and Courts provided for in this Law, without prejudice to the jurisdictional powers recognized by the Constitution to other bodies.

2. The jurisdiction of the military jurisdiction will be limited to the strictly military sphere in respect of the facts classified as military crimes by the Military Penal Code and the alleged state of siege, according to the statement of that state and the Organic Law governing it, without prejudice to the provisions of Article 9 (2) of this Law.

Article 4

The jurisdiction extends to all persons, to all matters and to all Spanish territory, in the form established in the Constitution and in the laws.

Article 5

1. The Constitution is the supreme rule of law, and it binds all the Judges and Courts, who will interpret and apply the laws and regulations according to the constitutional principles and principles, in accordance with the interpretation of the This is the result of decisions handed down by the Constitutional Court in all types of processes.

2. Where a judicial body considers, in some process, that a rule of law, applicable to the case, whose validity depends on the judgment, may be contrary to the Constitution, it shall raise the matter before the Constitutional Court, according to establishes its Organic Law.

3. The question of unconstitutionality will proceed when, by way of interpretation, it is not possible to accommodate the rule of constitutional order.

4. In all cases where, according to the law, an appeal is brought, it shall be sufficient to substantiate the infringement of a constitutional provision. In this case, the jurisdiction to decide the appeal shall always be the case of the Supreme Court, whatever the matter, the applicable law and the court order.

Article 6

The Judges and Courts shall not apply the Regulations or any other provisions contrary to the Constitution, the law or the principle of normative hierarchy.

Item Seventh

1. The rights and freedoms recognized in Chapter II of Title I of the Constitution bind, in their entirety, all Judges and Courts and are guaranteed under the effective protection of them.

2. In particular, the rights set out in Article 53.2 of the Constitution shall, in any event, be recognised in accordance with their constitutionally declared content, without judicial decisions being able to restrict, undermine or unapply the said Constitution. content.

3. The Courts and Courts will protect the legitimate rights and interests, both individual and collective, without in any case being indefenceless. The defense of the latter will recognize the legitimization of the corporations, associations and groups that are affected or that are legally authorized for their defense and promotion.

Item Eighth

The Courts control the regulatory authority and the legality of the administrative action, as well as the submission of this to the purposes that justify it.

Article ninth

1. The Courts and Courts shall exercise their jurisdiction exclusively in cases where they are assigned to them by this or other Law.

2. The courts and courts of civil order shall, in addition to the matters which are their own, know of all those which are not attributed to another court order.

In this civil order, the military jurisdiction will be responsible for the prevention of the trials of testamentary and abintering of the members of the Armed Forces who, in time of war, will be killed in campaign or navigation, limiting itself to the practice of the necessary assistance to dispose of the deceased and the formation of the inventory and provisional insurance of his assets, always giving the competent civil judicial authority.

3. Those of the criminal court order shall have the responsibility for the knowledge of criminal causes and trials, with the exception of those corresponding to military jurisdiction.

4. Those in the administrative-administrative order shall be aware of the form of order sought in connection with the acts of public administration which are subject to administrative law and to the provisions laid down by law.

5. Those of the social court will know of the claims that are promoted within the social branch of the law, both in individual and collective conflicts, as well as the claims in the matter of Social Security or against the State when is responsible for labour law.

6. The jurisdiction is unextendable. The judicial bodies shall appraise the lack of jurisdiction of their own motion and shall resolve the matter with the hearing of the parties and the Prosecutor's Office. In any event, such a decision shall be established and shall be made always indicating the court order which is deemed to be competent.

Article ten

1. For the sole purpose of a preliminary ruling, each court may be aware of matters which are not assigned to it for a private purpose.

2. However, the existence of a question for a preliminary ruling which cannot be dispensed with for a proper decision or which directly conditions the content of the case, will determine the suspension of the proceedings, while the latter is not settled by the criminal bodies to whom it corresponds, except for exceptions provided by law.

Item eleven

1. In every kind of procedure the rules of good faith will be respected. Evidence obtained, directly or indirectly, in violation of fundamental rights or freedoms shall not take effect.

2. The Courts and Tribunals shall, in principle, reject petitions, incidents and exceptions that are made with manifest abuse of law or involve law or procedural fraud.

3. The Courts and Courts, in accordance with the principle of effective protection enshrined in Article 24 of the Constitution, must always resolve the claims made to them, and may only dismiss them for formal reasons when the defect is insubsable or will not be remedied by the procedure laid down in the laws.

Article twelve

1. In the exercise of judicial authority, the Judges and Magistrates are independent of all judicial and government organs of the Judiciary.

2. The Judges and Courts may not correct the application or interpretation of the legal order made by their children in the judicial order, but when they administer justice by virtue of the resources that the laws establish.

3. Nor may the Judges and Courts, the governing bodies of them or the General Council of the Judicial Branch issue instructions of a general or special nature, addressed to their children, on the application or interpretation of the order the legal basis they carry out in the exercise of their judicial function.

Article thirteen

All are obliged to respect the independence of the Judges and Magistrates.

Article fourteen

1. Judges and judges who are concerned or disturbed in their independence shall bring it to the attention of the General Council of the Judiciary, giving the facts to the Judge or the Court competent to follow the appropriate procedure, without prejudice to the practice of strictly indispensable measures to ensure the action of justice and to restore the legal order.

2. The Fiscal Ministry, on its own or at the request of those, will promote relevant actions in defense of judicial independence.

Article fifteen

Judges and Magistrates may not be separated, suspended, moved or retired, but for any of the reasons and with the guarantees provided for in this Law.

Article sixteen

1. The Judges and Magistrates shall respond in criminal and civil cases in the cases and in the manner determined in the Laws, and in a disciplinary manner in accordance with the provisions of this Law.

2. The Courts of Honor in the Administration of Justice are prohibited.

Article seventeen

1. All public and private persons and entities are obliged to provide, in the form that the Law establishes, the collaboration required by the Judges and Courts in the course of the process and in the execution of the resolved, with the exceptions that establish the Constitution and the laws, and without prejudice to the compensation of expenses and the payment of remuneration due to the law.

2. Public Administrations, authorities and officials, corporations and all public and private entities, and individuals, shall respect and, where appropriate, comply with the judgments and other judicial decisions which they have obtained. firmness or are enforceable according to the laws.

Article eighteen

1. Court decisions may be left without effect only by virtue of the resources provided for in the laws.

2. The statements will be executed on their own terms. If the execution is impossible, the Judge or the Court shall take the necessary measures to ensure the greatest effectiveness of the performance and shall in any event determine the compensation to be paid on the part of the court or tribunal. full compliance. Only by reason of public utility or social interest, as declared by the Government, may the rights recognized against the Public Administration be expropriated in a final judgment, before its execution. In this case, the court or tribunal to which the execution is due shall be the sole competent to indicate by incidental means the corresponding compensation.

3. The provisions of this article are without prejudice to the right of grace, the exercise of which, according to the Constitution and the laws, corresponds to the King.

Article nineteen

1. Citizens of Spanish nationality will be able to exercise popular action, in cases and forms established in law.

2. They will also be able to participate in the Administration of Justice: through the institution of the Jury, in the form and with respect to those criminal proceedings that the Law determines; in the customary and traditional courts and in other cases provided for in this Law.

3. It has the character of the customary and traditional Tribunal of the Waters of the Vega Valenciana.

Article twenty

1. Justice will be free in the assumptions that the law establishes.

2. A system of free justice shall be governed by law, which shall be effective in the law declared in Articles 24 and 119 of the Constitution, in cases of insufficient resources to litigate.

3. They may not be required to prevent the exercise of popular action by reason of their inadequacy, which shall always be free of charge.

BOOK I

OF THE EXTENT AND LIMITS OF JURISDICTION AND THE PLANT AND ORGANIZATION OF COURTS AND TRIBUNALS

TITLE I

The extent and limits of jurisdiction

Item twenty-one

1. The Spanish Courts and Tribunals shall be aware of the judgments that are raised in Spanish territory between Spaniards, between foreigners and between Spaniards and foreigners in accordance with the provisions of this Law and in the treaties and conventions international in which Spain is a party.

2. The exceptions to the immunity of jurisdiction and enforcement established by the rules of public international law are excepted.

Article twenty-two

In the civil order, the Spanish Courts and Courts will be competent:

1. The exclusive right, in matters of real rights and leases of real estate in Spain; in matters of constitution, validity, nullity or dissolution of companies or legal persons having their domicile in Spain the Spanish territory, as well as the agreements and decisions of its organs; in matters of validity or nullity of the enrollments practiced in a Spanish Register; in matters of registration or validity of patent and other rights submitted to deposit or registration where the deposit or registration has been requested or effected in Spain; matters of recognition and enforcement in Spanish territory of judgments and arbitration decisions issued abroad.

2. º In general, when the parties have expressly or tacitly submitted to the Spanish Courts or Courts, as well as when the defendant is domiciled in Spain.

3. In the absence of the above criteria and in the case of a declaration of absence or death, when the missing person has had his last address in Spanish territory, in the field of incapacitation and of measures of the protection of the person or property of minors or disabled persons, when they have their habitual residence in Spain; in matters of personal and property relations between spouses, marriage annulment, separation and divorce, when both spouses have habitual residence in Spain at the time of the application or the claimant is Spanish and have their habitual residence in Spain, as well as when both spouses have Spanish nationality, whatever their place of residence, provided they promote their request by mutual agreement or one with the consent of the other; parentage and parental relations, where the child has his habitual residence in Spain at the time of the application or the claimant is Spanish or habitually resident in Spain; for the establishment of the adoption, where the adopter or the adopted is usually Spanish or resident in Spain; in matters of food, when the creditor of the same have their habitual residence in Spanish territory; in the case of contractual obligations, where they are born or are to be fulfilled in Spain; in the case of non-contractual obligations, where the fact that they have occurred in the Spanish territory or the author of the damage and the victim have their habitual residence in Spain; in the shares relating to movable property, if they are in Spanish territory at the time of the claim; in matters of succession, where the the deceased has had his last address in Spanish territory or owns real estate in Spain.

4. Also, in the case of consumer contracts, where the buyer has his registered office in Spain if it is a sale to the time of objects of body furniture or of loans intended to finance his acquisition; and in the case of any other contract for the provision of service or relating to movable property, where the conclusion of the contract has been preceded by personal or publicity offer carried out in Spain or by the consumer in the territory of the territory of the (a) the acts necessary for the conclusion of the contract; in the case of insurance, where the insured and insurer have their registered office in Spain; and in disputes relating to the operation of a branch, agency or commercial establishment, when it is located in Spanish territory. In the case of bankruptcy, the provisions of its regulatory law will be available.

5. º When it is a matter of taking provisional measures or of securing in respect of persons or property that are in Spanish territory and must be fulfilled in Spain.

Article twenty-three

1. In the criminal order, the Spanish jurisdiction shall be responsible for the knowledge of the causes for offences and offences committed on Spanish territory or committed on board Spanish vessels or aircraft, without prejudice to the provisions of the Treaties. international in which Spain is a party.

2. You will also be aware of the facts provided for in the Spanish criminal laws as crimes, even if they have been committed outside the national territory, provided that the criminally responsible are Spanish or foreign nationals who have acquired the Spanish nationality after the commission of the event and the following requirements are met:

a) That the event is punishable at the place of execution.

b) That the aggrieved or the Prosecutor's Office denounce or file a complaint with the Spanish Courts.

c) That the offender has not been acquitted, pardoned or punished abroad, or, in the latter case, has not served the sentence. If you have only partially complied with it, you will be taken into account to reduce the proportion of your party.

3. You will know the Spanish jurisdiction of the facts committed by Spanish or foreign nationals outside the national territory when they are liable to be classified, according to the Spanish criminal law, as one of the following offences:

(a) Betrayal and against peace or independence of the State.

b) Against the holder of the Crown, its Consorte, its Successor or the Regent.

c) Rebellion and sedition.

(d) Counterfeiting of the actual signature or stamp, of the stamp of the State, of the signatures of the Ministers and of the public or official stamps.

e) Falsification of Spanish currency and its issue.

f) Any other falsification that directly damages the credit or interests of the State, and the introduction or issuance of the counterfeit.

g) Attented against Spanish authorities or public officials.

(h) Those perpetrated in the exercise of their duties by Spanish public officials residing abroad and crimes against the Spanish Public Administration.

i) Relating to change control.

4. The Spanish jurisdiction shall also be competent to ascertain the facts committed by Spanish or foreign nationals outside the national territory which are liable to be classified under Spanish criminal law as one of the following offences:

a) Genocide.

b) Terrorism.

c) Piracy and illicit seizure of aircraft.

d) Counterfeiting of foreign currency.

e) Those relating to prostitution.

f) Illegal trafficking in psychotropic, toxic and narcotic drugs.

g) And any other that, according to international treaties or conventions, should be pursued in Spain.

5. In the cases referred to in paragraphs 3 and 4, the provisions of paragraph 2 (c) of this Article shall apply.

Article twenty-four

In the order of the administrative dispute, the Spanish jurisdiction will be competent, in any case, when the pretense that is deduced relates to general provisions or to acts of the Spanish Public Administrations. It will also know of those that are deducted in relation to acts of the Spanish public authorities, according to what the laws have.

Article 25

In the social order, the Spanish Courts and Courts will be competent:

1. In the field of rights and obligations arising from employment contracts, where the services have been provided in Spain or the contract has been concluded in Spanish territory; where the defendant has his domicile in Spain Spain or an agency, branch, delegation or any other representation in Spain; where the worker and the employer have Spanish nationality, irrespective of the place of supply of the services or the conclusion of the contract; and in the case of a boarding contract, if the contract was preceded by offer received in Spain per Spanish worker.

2. Regarding the legality of collective labour agreements concluded in Spain and of claims arising from collective labour disputes promoted on Spanish territory.

3. In the case of claims of social security against Spanish entities or having their domicile, agency, delegation or any other representation in Spain.

TITLE II

From the site and territorial organization

CHAPTER I

From the Courts and Courts

Article twenty-six

The exercise of jurisdiction is attributed to the following Courts and Courts:

-Peace Courts.

-Courts of First Instance and Instruction, of the Administrative, Social, Minor, and Penitentiary Surveillance.

-Provincial Hearings.

-Supreme Courts of Justice.

-National Audience.

-Supreme Court.

Article twenty-seven

1. In the Chambers of the Courts in which there are two or more Sections, they shall be designated by ordinal numbering.

2. In populations where there are two or more Courts of the same jurisdictional order and of the same class, they shall be designated by cardinal numbering.

Article twenty-eight

In each Chamber or Section of the Courts there will be one or more Secretaries and one in each Court.

Article twenty-nine

The Courts and Courts plant will be established by law. It will be reviewed, at least every five years, after the General Council of the Judiciary's report, to adapt it to the new needs.

CHAPTER II

From the territorial division in the judiciary

Article thirty

The State is organized territorially, for judicial purposes, in Municipalities, Parties, Provinces and Autonomous Communities.

Article thirty-one

The municipality corresponds to the administrative demarcation of the same name.

Article thirty-two

1. The party is the territorial unit composed of one or more neighboring municipalities, belonging to the same province.

2. The modification of the parties shall be carried out, where appropriate, on the basis of the number of cases, the characteristics of the population, the means of communication and the natural regions.

3. The party may coincide with the provincial demarcation.

Article thirty-three

The province shall conform to the territorial limits of the administrative demarcation of the same name.

Article thirty-four

The Autonomous Community shall be the territorial scope of the High Courts of Justice.

Article thirty-five

1. The judicial demarcation, which will determine the territorial constituency of the judicial organs, will be established by law.

2. To this end, the Autonomous Communities will participate in the organization of the judicial demarcation of their respective territories, referring to the government, at the request of the government, a proposal of the same one in which they will establish the judicial parties.

3. The Ministry of Justice, having regard to the proposals of the Autonomous Communities, will draft a preliminary draft, which will be informed by the General Council of the Judiciary within two months.

4. The government will approve the timely draft of the Law, which, in conjunction with the proposals of the Autonomous Communities and the report of the General Council of the Judiciary, will transmit to the General Courts for processing.

5. The judicial demarcation shall be reviewed every five years or earlier if the circumstances so advise, by law drawn up in accordance with the procedure set out above.

6. The Autonomous Communities will determine, by law, the capitality of the judicial parties.

Article thirty-six

The creation of Sections and Courts shall be the responsibility of the Government when it does not entail alteration of the judicial demarcation, preceptively heard by the Autonomous Community and the General Council of the Judiciary.

Article thirty-seven

1. It is up to the Government, through the Ministry of Justice, to provide the Courts and Courts with the necessary means for the development of their function independently and effectively.

2. To this end, the General Council of the Judiciary shall forward annually to the Government, through the Ministry of Justice, a circumstantial relationship of the needs it considers to be existing.

3. Management of all types of resources, whatever their budgetary consideration, may be attributed to the Autonomous Communities corresponding to the powers conferred on the Government in paragraph 1 of this Article, where the respective Statutes of Autonomy empower them in this matter.

4. The own resources allocated to the Autonomous Communities for the same purposes must be included in an annual program to be approved, after a favorable report by the Council of the Judiciary, by the corresponding Legislative Assembly.

TITLE III

From conflicts of jurisdiction and conflicts and competition issues

CHAPTER I

From jurisdiction conflicts

Article thirty-eight

1. The conflicts of jurisdiction between the Courts and the Courts and the Administration shall be resolved by a collegiate body constituted by the President of the Supreme Court, who shall preside over it, and by five vowels, of which two shall be Magistrates of the The Supreme Court's Board of Directors, appointed by the General Council of the Judiciary, and the other three will be Permanent Directors of State, acting as the Secretary of Government of the Supreme Court.

2. The President will always have a vote of quality in case of a tie.

Article thirty-nine

1. The conflicts of jurisdiction between the Courts or Courts and the military jurisdiction shall be resolved by a Chamber composed of the President of the Supreme Court, who shall preside over it, two Magistrates of the Criminal Court of the High Court appointed by the plenary session of the General Council of the Judiciary, and two Togolese members of the Supreme Council of Military Justice appointed by the Council. He will serve as Secretary of this Chamber of the Supreme Court Government.

2. The President will always have a vote of quality in case of a tie.

Article forty

Annually the components of the decision-making collegiate bodies provided for in the previous two articles will be renewed.

Article forty-one

The approach, processing and decision of the conflicts of jurisdiction shall be in accordance with the provisions of the law.

CHAPTER II

From competing conflicts

Article forty-two

The conflicts of jurisdiction that may occur between Courts or Courts of different jurisdictional order, integrated in the Judicial Branch, shall be resolved by a Special Chamber of the Supreme Court, presided over by the President and composed of two Magistrates, one for each jurisdictional order in conflict, which will be appointed annually by the Government Room. He will serve as Secretary of this Special Chamber of the Supreme Court Government.

Article forty-three

The conflicts of competition, both positive and negative, may be promoted ex officio or at the request of a party or the Prosecutor's Office, while the process has not been concluded by a firm judgment, unless the conflict concerns execution of the failure.

Article forty-four

The criminal court order is always preferential. No Judge or Court may dispute jurisdiction over the organs of that court order.

Article forty-five

Arising from the dispute of reasoned written competence, in which the legal precepts in which it is founded, the Judge or Court, heard the parties and the Ministry of Public Prosecutor for a common period of ten days, shall decide by means of whether to decline the knowledge of the case or to require the court or tribunal to be aware of the case.

Article forty-six

1. The order for inhibition shall be accompanied by evidence of the order issued by the applicant court or tribunal, the documents of the parties and the tax ministry and the other individuals who are deemed to be leading to justify the jurisdiction of the that.

2. The required, with a hearing of the Fiscal Ministry and the common 10-day parties, will dictate self-solving on their competence.

Article forty-seven

1. If the request is not complied with, the applicant shall be notified accordingly and the proceedings shall be brought to the Court of Conflict, with both bodies, where appropriate, the evidence necessary to comply with the provisions of Article 2 (2). 48.

2. The Chamber, heard by the Prosecutor's Office for a period not exceeding ten days, shall order a car in the following 10 days, without any recourse being brought against it. The car that will be dictated will definitely resolve the competition conflict.

Article forty-eight

1. Since the order has been issued by declining jurisdiction or by agreeing on the order, and from the knowledge of the order by the requested Judge or Court, the procedure in the case referred to in that case shall be suspended.

2. However, the suspension shall not apply to preventive or preparatory action or to precautionary measures, whatever the court orders in the event of a conflict, which are of an urgent or necessary nature, or which, if not adopted, may to produce an irreparable or difficult repair. The Judges or Courts shall, where appropriate, take the necessary guarantees to ensure the rights or interests of the parties or third parties or the public interest.

Article forty-nine

Resolutions on the handling of conflicts of jurisdiction shall not be subject to any, ordinary or extraordinary appeal.

Article fifty

1. Against the firm judgment in which the court of law referred to in the judgment referred to in Article 9 (6) declares its lack of jurisdiction in a process whose subjects and claims are the same, it may be brought in within ten days by default of jurisdiction.

2. The appeal shall be brought before the body which issued the decision, who, after hearing the parties, if any, shall forward the proceedings to the Conflict Chamber.

3. The Chamber shall claim from the Court or Tribunal that it first declared its lack of jurisdiction to refer the proceedings to it and, having heard the Prosecutor's Office no longer than ten days, it shall order within the next ten days.

CHAPTER III

Of the competition issues

Article fifty-one

1. Questions of jurisdiction between Courts and Courts of the same jurisdiction shall be resolved by the common higher immediate body, in accordance with the rules laid down in the procedural laws.

2. The decision declaring the lack of competence shall be expressed by the body deemed to be competent.

Article fifty-two

Questions of jurisdiction between Judges and Subordinate Courts may not be raised. The Judge or High Court shall, in any event, and without further appeal, lay down its own jurisdiction, heard the parties and the Ministry of Public Prosecutor's Office for a common period of 10 days. They shall obtain the proceedings of the Judge or lower court or refer them to the Court of Justice.

TITLE IV

Of the composition and attributions of the courts

CHAPTER I

From The Supreme Court

Article fifty-three

The Supreme Court, based in the villa of Madrid, is the highest court in all orders, except for the provisions of Constitutional guarantees. It will have jurisdiction throughout Spain and no other will be able to have the title of Supreme.

Article fifty-four

The Supreme Court shall be composed of its President, the Presidents of Chambers and the Magistrates who determine the law for each of the Chambers and, where appropriate, Sections in which they may be articulated.

Article fifty-five

The Supreme Court will be composed of the following Chambers:

-First: Civil.

-Second: Criminal.

-Third: From the Administrative-Count.

-Fourth: of the Social.

Article fifty-six

The Civil Court of the Supreme Court will know:

1. Of the appeals, review, and other extraordinary civil matters established by law.

2. The demands for civil liability for acts carried out in the exercise of his office, directed against the President of the Government, Presidents of the Congress and the Senate, President of the Supreme Court and the General Council of the Judicial Branch, President of the Constitutional Court, members of the Government, Deputies and Senators, Vocals of the General Council of the Judiciary, Magistrates of the Constitutional Court and the Supreme Court, Presidents of the National Court and of any of its Chambers and of the Superior Courts of Justice, Attorney General of the State, Prosecutors of the Supreme Court, President and Directors of the Court of Auditors, President and Directors of the Council of State, Ombudsman and President and Directors of an Autonomous Community, when they determine their Status of Autonomy.

3. Of the civil liability claims directed against the Magistrates of the National Court or the High Courts of Justice for acts performed in the exercise of their positions.

4. Of the requests for execution of judgments handed down by foreign courts, unless, according to the agreement of the treaties, their knowledge corresponds to another Court or Court.

Article fifty-seven

The Criminal Court of the Supreme Court will know:

1. Of the appeals, review, and other extraordinary criminal matters established by law.

2. The instruction and prosecution of the causes against the President of the Government, Presidents of the Congress and the Senate, President of the Supreme Court and the General Council of the Judiciary, President of the Court Constitutional, members of the Government, Deputies and Senators, Vocals of the General Council of the Judiciary, Magistrates of the Constitutional Court and the Supreme Court, President of the National Court and of any of its Chambers and of the Superior Courts of Justice, Attorney General of the State, Prosecutors of the Supreme Court, President and Directors of the Court of Auditors, President and Directors of the Council of State and Ombudsman, as well as the causes which, if any, determine the Statutes of Autonomy.

3. º of the instruction and prosecution of the causes against the Magistrates of the National Court or of a Superior Court of Justice.

Article fifty-eight

The Supreme Court's Court of Justice-Administrative Court will know:

1. In a single instance, of the Contentious-Administrative resources that are promoted against acts and provisions emanating from the Council of Ministers, or from its Committees Delegate of the Government of the resources against the acts and provisions from the General Council of the Judiciary and against the acts and provisions of the competent bodies of the Congress of Deputies and the Senate, the Constitutional Court, the Court of Auditors and the Ombudsman in personnel matters and acts of administration.

2. º of the appeals against the sentences handed down by the Chamber of the Administrative-Administrative of the National Court.

3. of the appeals established by the law against judgments handed down in a single instance by the Chambers of the Administrative-Administrative Court of the High Courts of Justice in resources, counter-acts and provisions from organs of the State Administration.

4. No of the appeals established by the law against judgments handed down in a single instance by the Chambers of the Administrative-Administrative Court of the High Courts of Justice, in relation to acts and provisions of the Autonomous Communities and provided that such an appeal is founded in breach of rules not emanating from the organs of those Communities.

5. of the resources established by the law against the resolutions of the Court of Auditors.

6. Of the review resources that the law establishes and which are not attributed to the Boards of the Administrative-Administrative of the Supreme Courts of Justice.

Article fifty-nine

The Social Room of the Supreme Court shall be aware of the appeals and review and other extraordinary remedies established by law in matters of this court order.

Article sixty

1. In addition, each of the Chambers of the Supreme Court of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the European Union other common top.

2. For these purposes, the qualified magistrates shall not be part of the Chamber.

Article sixty-one

A Chamber formed by the President of the Supreme Court, the Presidents of the Chamber and the oldest Magistrate and the most modern of each of them shall know:

1. Of the review resources against the judgments given in a single instance by the Board of the Administrative-Administrative Court of the said Court.

2. Of the incidents of recusal of the President of the Supreme Court, or of the Presidents of the Chamber, or of more than two Magistrates of a Chamber. In this case, those directly affected by the challenge will be replaced by those concerned.

3. of the claims of civil liability directed against the Presidents of the Chamber or against all or the majority of the Magistrates of a Chamber of that Court for acts performed in the exercise of their office.

4. º of the instruction and prosecution of the causes against the Presidents of the Chamber or the Magistrates of a Chamber, when all or the majority of those who constitute it are judged.

5. º Of the knowledge of the claims for the declaration of judicial error when the latter is charged to a Supreme Court Chamber.

CHAPTER II

From the National Audience

Article sixty-two

The National Audience, based in the villa of Madrid, has jurisdiction throughout Spain.

Article sixty-three

1. The National Court shall be composed of its President, the Presidents of Chambers and the Magistrates who determine the law for each of its Chambers and Sections.

2. The President of the National Audience, who will have the consideration of Chief Justice of the Supreme Court, and the Presidents of the Chamber, the category of Magistrate of the Supreme Court.

Article sixty-four

1. The National Audience will be composed of the following Rooms:

-From the Criminal.

-From The Administrative-counter.

-From Social.

2. In the case where the number of cases advises, two or more Sections may be created within a Chamber.

Article sixty-five

The Criminal Court of the National Court will know:

1. In a single instance, the prosecution of the causes for the following crimes:

a) Offences against the holder of the Crown, its Consorte, its Successor, high agencies of the Nation and form of Government.

b) Currency counterfeiting, monetary and change control crimes.

(c) Defers and machinations to alter the price of things that produce or can produce a serious impact on the security of commercial traffic, on the national economy or on property damage in a generality of persons in the territory of more than one Audience.

(d) Trafficking in drugs or drugs, food fraud and pharmaceutical or medicinal substances, provided that they are committed by organised gangs or groups and produce effects in places belonging to different Hearings.

e) Crimes committed outside the national territory, when the laws or treaties correspond to their prosecution of the Spanish Courts.

In any case, the National Court's Criminal Court will extend its jurisdiction to the knowledge of the crimes connected with all of the above.

2. of criminal proceedings initiated abroad, of the execution of judgments handed down by foreign courts or of the execution of prison sentences imposed by foreign courts, when under a treaty Spain follows a criminal procedure initiated abroad, the execution of a foreign criminal sentence or the execution of a custodial sentence or measure of security of liberty.

3. The issues of assignment of jurisdiction in criminal matters arising from compliance with international treaties in which Spain is a party.

4. Of the court proceedings for passive extradition, whatever the place of residence or where the arrest of the alleged extradition took place.

5. of the resources to be brought against the judgments and other resolutions of the Central Courts of Instruction.

6. Of any other matter that is attributed to you by the laws.

Article sixty-six

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 or judicial review procedure or the supervision of those who are dictated by different bodies or bodies, regardless of their territorial scope.

Article sixty-seven

The Social Room of the National Audience will know in a single instance:

1. º of the special processes of contestation of collective agreements whose territorial scope of application is superior to the territory of an Autonomous Community.

2. of the processes on collective conflicts whose resolution has to take effect in a territorial area superior to that of an Autonomous Community.

Article sixty-eight

1. In addition, you will know each of the Chambers of the National Audience of the recusations against the Magistrates who compose them.

2. For these purposes, the qualified magistrates shall not be part of the Chamber.

Article sixty-nine

A room formed by the President of the National Court, the Presidents of the Chambers and the oldest and most modern Magistrate of each, or the one who, respectively, will replace him, will know of the incidents of recusal the President, the Presidents of the Chamber or more than two Magistrates of a Chamber.

CHAPTER III

From the Supreme Courts of Justice

Article seventy

The Superior Court of Justice of the Autonomous Community shall complete the judicial organization in the territorial scope of that organization, without prejudice to the jurisdiction of the Supreme Court.

Article seventy-one

The Superior Court of Justice will take the name of the Autonomous Community and extend its jurisdiction to the territorial scope of the latter.

Article seventy-two

1. The High Court of Justice shall be composed of the following Chambers: Civil and Criminal, Administrative and Social Affairs.

2. He shall be composed of a President, who shall also be of his Civil and Criminal Chamber, and shall have the consideration of the Chief Justice of the Supreme Court while he is in office; of the Presidents of the Chamber and of the Magistrates who determine the law for each one of the Chambers and, where appropriate, of the Sections which may be created within them.

Article seventy-three

1. The Civil and Criminal Court of the Superior Court of Justice will know, as a Civil Chamber:

(a) The appeal established by the law against decisions of courts of civil order in the Autonomous Community, provided that the action is founded in breach of the rules of civil law, or Special, the Community itself, and where the corresponding Autonomy Statute has provided for this allocation.

(b) The extraordinary review facility establishing the law against judgments handed down by courts of the civil order based in the Autonomous Community, in the field of Civil, Formal or Special Law, Autonomous Community, and where the corresponding Autonomy Statute has provided for this attribution.

2. This Room will also know:

(a) In a single instance, of the claims of civil liability, for acts committed in the exercise of their respective positions, directed against the President and members of the Governing Council of the Autonomous Community and against the members of the Legislative Assembly, where such attribution does not correspond, according to the Statutes of Autonomy, to the Supreme Court.

b) In a single instance, of the claims of civil liability, for acts committed in the exercise of his office, against all or most of the Magistrates of a Provincial Audience or any of its sections.

(c) Of the questions of jurisdiction between courts of civil order with headquarters in the Autonomous Community that does not have a common superior.

3. As a Criminal Court, it is for this Chamber:

(a) The knowledge of the criminal causes that the Statutes of Autonomy reserve to the knowledge of the Supreme Courts of Justice.

(b) The instruction and failure of the criminal proceedings against Judges, Magistrates and Members of the Prosecutor's Office for offences or offences committed in the exercise of their office in the Autonomous Community, provided that this attribution is not corresponds to the Supreme Court.

(c) The decision of competition issues between courts of the criminal order based in the Autonomous Community that do not have a common superior.

4. It is also up to him to decide on the matters of jurisdiction between the Courts of Minors of different provinces of the Autonomous Community.

Article seventy-four

1. The Court of Justice of the High Court of Justice shall know, in a single instance:

(a) From the administrative-administrative resources, against the acts and provisions of the organs of the State Administration that are not attributed or are attributed by law to other organs of this jurisdictional order.

(b) Of the administrative-administrative resources to be made against the acts and administrative provisions of the Governing Council of the Autonomous Community, its President and the Directors, unless they confirm by way of Administrative appeal or in the case of a supervision or supervision procedure by other bodies or bodies.

(c) The remedies against provisions and acts from the governing bodies of the Legislative Assembly of the Autonomous Community and its Commissioners in the field of personnel and administrative acts.

(d) The electoral-electoral appeal against the agreements of the electoral boards on the proclamation of elected representatives, as well as on the election and proclamation of the Presidents of the Local Corporations.

2. In the second instance, you will know about the resources that the law establishes and that will be promoted against the resolutions of the Courts of the Administrative-Administrative Region based in the Autonomous Community.

3. The Chamber of the Administrative-Administrative of the Superior Court of Justice will also be aware of the questions of jurisdiction between the Courts of the Administrative-Administrative Department based in the Autonomous Community.

Article seventy-five

The Social Room of the Superior Court of Justice will know:

1. In a single instance, of the processes established by the law on disputes affecting the interests of workers and employers in the field higher than that of a Court of the Social and not superior to that of the Community Autonomic.

2. º of the resources established by the law against the resolutions dictated by the Courts of the Social of the Autonomous Community.

3. of the questions of competence that arise between the Courts of the Social of the Autonomous Community.

Article seventy-six

Each of the Chambers of the High Court of Justice shall know of the challenges to be made against its Magistrates where the jurisdiction does not correspond to the Chamber referred to in the following Article.

Article seventy-seven

1. A Chamber constituted by the President of the High Court of Justice, the Presidents of Chambers and the most modern Magistrate of each of them shall know of the objections raised against the President, the Presidents of the Chamber or of the Audiences Provincials based in the Autonomous Community or two or more Magistrates of a Chamber or Section or a Provincial Hearing.

2. The recusal may not be a part of the Chamber, where appropriate, where appropriate, its replacement in accordance with the provisions of this law.

Article seventy-eight

When the number of cases from certain provinces or other circumstances so require, they may be created, by way of exception, by Salas de lo Contentios-Administrativo or de lo Social with jurisdiction limited to one or more several provinces of the same Autonomous Community, in the capital of which they shall have their seat. These Chambers shall be composed of at least their President, and shall be supplemented, where appropriate, by the Magistrates of the Provincial Court of their seat.

Article seventy-nine

The Law of Plant may, in those Supreme Courts of Justice in which the number of cases warrant, reduce the number of Magistrates, and the Chambers are composed by their respective President and by the Presidents and Magistrates, where appropriate, to be determined by the case.

CHAPTER IV

From Provincial Hearings

Article eighty

1. The Provincial Hearings, which will be based in the capital of the province, from which they will take their name, will extend their jurisdiction to all of them.

2. Sections of the Provincial Court may be set up outside the capital of the province, to which one or more judicial parties will be attached.

Article eighty and one

1. The Provincial Hearings shall consist of a President and two or more Magistrates. They may also be composed of two or more Sections of the same composition, in which case the President of the Hearing shall preside over the first section.

2. Where the limited number of cases of which a Provincial Hearing is known to advise him, he may include his staff of one or two Magistrates, including the President. In this case, the Provincial Hearing will be completed for prosecution and failure, and when the nature of the resolution to dictate so requires, with the number of Magistrates being required of the High Court of Justice. For these purposes, the Governing Board shall establish a shift for each judicial year.

Article eighty-two

Provincial Audiences will know:

1. In oral and public judgment, and in a single instance, of the causes for crime, except for which the law ascribes to the knowledge of the Courts of Instruction or other Courts provided for in this law.

2. of the resources established by the law against the resolutions handed down in criminal matters by the Courts of Instruction of the province.

The appeals of the resolutions handed down by the Courts of Instruction in the trial of faults, when the law so establishes, will be definitively ruled out in a time of distribution by a Magistrate of the Provincial Court who will act as a single-person court.

3. of the resources established by the law against decisions given in the first instance in civil matters by the Courts of First Instance of the province.

4. Of the questions of jurisdiction in civil and criminal matters that arise between Courts of the province that do not have another common superior.

5. Of the recusal of his Magistrates, when the jurisdiction is not attributed to the Special Room existing for these purposes within the Supreme Courts of Justice.

6. of the resources established by law against the resolutions of the Courts of Penitentiary Surveillance in matters of execution of penalties.

7. of the resources against the resolutions of the Courts of Minors with headquarters in the province and the questions of competition between them.

Article eighty-three

1. The trial of the Jury will be held in the field of the Provincial Court or other Courts and in the form established by law.

2. The Law of the Jury shall regulate its composition and competences, taking into account the following principles:

a) The Jury function will be mandatory and should be remunerated during its performance. The law will regulate the assumptions of incompatibility, recusal and abstention.

b) The intervention of the citizen in the Jury shall fully satisfy his right to participate in the administration of Justice recognized in Article 125 of the Constitution.

c) The jurisdiction of the Jury will be determined with respect to those crimes that the law establishes.

(d) Competition for the knowledge of criminal matters subject to its jurisdiction shall be established on the basis of the nature of the offences and the amount of penalties identified.

CHAPTER V

Of the Courts of First Instance and Instruction, of the Administrative, Social, and of the Penitentiary and Child

Article eighty-four

In each party there will be one or more Courts of First Instance and Instruction based in the capital of that and jurisdiction in all its territorial scope. They shall take their designation of the municipality of their headquarters.

Article eighty-five

The Courts of First Instance will know in the civil order:

1. In the first instance, of judgments not to be attributed by this law to other Courts or Courts.

2. The acts of voluntary jurisdiction provided for in law.

3. of the resources that the law establishes against the resolutions of the Peace Courts of the Party.

4. Issues of competition in civil matters between the Party's Peace Courts.

Article eighty-six

1. The Civil Registry shall be in charge of the Judges of First Instance and, by delegation of the Judges, of the Peace, in accordance with the law, without prejudice to what is available in it for the other Civil Records, if any.

2. The law of plant shall determine the populations in which one or more Judges shall have exclusive functions of the Civil Registry, and in the cities in which there is more than one Court of First Instance, which or which of them shall be responsible for the Civil Registration.

Article eighty-seven

1. The Courts of Instruction will know, in the criminal order:

a) From the instruction of the causes whose prosecution corresponds to the Audiences.

b) From the instruction and failure of the causes for crime or failure to be established by law.

c) Of the resources established by the law against resolutions handed down in the trial of faults by the Peace Courts of the Party.

d) Of habeas corpus procedures.

e) Of the issues of competition in criminal matters between the Peace Courts of the Party.

2. It is also for the Courts of Instruction to authorize in a reasoned decision for the entry in the addresses and in the other buildings or places of access dependent on the consent of the holder, where appropriate for the enforcement of the acts of the Administration.

Article eighty-eight

In the villa of Madrid there may be one or more Central Courts of Instruction, with jurisdiction throughout Spain, which will instruct the causes whose prosecution corresponds to the Criminal Court of the National Court and which will fail them. when the law provides for it.

Article eighty-nine

The Law of Plant and Demarcation can establish, as distinct organs, in those parties in which it is convenient, the Courts of First Instance and the Courts of Instruction.

Article ninety

1. In each province, with jurisdiction throughout and based in its capital, there will be one or more Courts of the Administrative-Administrative.

2. When the volume of cases so requires, one or more Courts of the Administrative-Administrative may be established in the populations that are determined by law. They shall take the name of the municipality of their headquarters and extend their jurisdiction to the party concerned.

3. They may also be created exceptionally Courts of the Administrative-Administrative Office that extend their jurisdiction to more than one province within the same Autonomous Community.

Article ninety-one

The Courts of the Administrative-Administrative Court will know, in the first or only instance, of the administrative-administrative appeals not attributed to other organs of this court order.

Article ninety-two

1. In each province, with jurisdiction throughout and based in its capital, there will be one or more Courts of the Social, they will also be able to establish themselves in different populations of the provincial capital when the needs of the service or the proximity to certain working groups advise you, and in this case delimit the scope of your jurisdiction.

2. The Social Courts may exceptionally extend their jurisdiction to two or more provinces within the same Autonomous Community.

Article ninety-three

The Courts of the Social will know, in the first or only instance, of the processes on matters of this order that are not attributed to other organs of the same.

Article ninety-four

1. In each province, and within the criminal court order, there will be one or more Prison Surveillance Courts, which will have the judicial functions provided for in the General Penitentiary Law on the execution of custodial sentences. freedom and security measures, judicial review of the disciplinary authority of the prison authorities, protection of the rights and benefits of the inmates in the penitentiary and other institutions that point to the law.

2. Penitentiary Surveillance Courts may be established to extend their jurisdiction to two or more provinces of the same Autonomous Community.

3. A Prison Surveillance Court may also be established whose jurisdiction does not extend to the entire province.

4. The position of Judge of Penitentiary Surveillance will be compatible with the performance of an organ of the criminal court order.

Article ninety-five

1. The number of Penitentiary Surveillance Courts will be determined in the Plant Law, mainly based on the existing prison facilities and the class of these.

2. The Government shall establish the seat of these Courts, after hearing the Autonomous Community concerned and the General Council of the Judiciary.

Article ninety-six

In each province, with jurisdiction throughout and based in its capital, there will be one or more Courts of Minors. However, where the volume of work so advises, the Courts of Minors may be established whose jurisdiction extends either to a particular party or party grouping, or to two or more provinces of the same Autonomous Community. They shall take their name from the population where they are based.

Article ninety-seven

It is up to the Judges of Minors to exercise the functions that establish the laws for minors who have engaged in conduct typified by the law as a crime or fault and those other than, in relation to the minors, they attribute the laws to them.

Article ninety-eight

1. The General Council of the Judiciary may agree, after a report by the Chamber of Government, to a proposal, if appropriate, of the Board of Judges, which 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 matters of the court in question.

2. This agreement will be published in the "Official State Gazette" and will produce effects from the beginning of the year following the year in which it is adopted.

3. The affected courts will continue to know all pending proceedings before them until their conclusion.

CHAPTER VI

From the Peace Courts

Article ninety-nine

1. In each municipality where there is no Court of First Instance and Instruction, and with jurisdiction in the corresponding term, there will be a Peace Court.

2. A single Secretariat may exist for several Courts.

Article 100

1. The Courts of Peace will know, in the civil order, of the substantiation in the First Instance, failure and execution of the processes that the law determines. They shall also comply with the Civil Registry and other functions assigned to them by the law.

2. In the penal order, they will know in the first instance of the substantiation, failure, and execution of the processes for faults that the law ascribes to them. They may also intervene in criminal proceedings for the prevention of, or delegation to, and other criminal proceedings.

Item one percent

1. The Judges of Peace and their substitutes shall be appointed for a period of four years by the Governing Chamber of the High Court of Justice. The appointment will be on the persons chosen by the respective City Council.

2. The Judges of Peace and their surrogates shall be elected by the Plenary of the City Council, with the favorable vote of the absolute majority of its members, among the persons who, together with the legal conditions, request it. If there is no applicant, the plenary shall choose freely.

3. Approved the corresponding agreement, it will be sent to the Judge of First Instance and Instruction, who will raise it to the Chamber of Government.

4. If, within three months, after the vacancy has occurred in a Peace Court, the City Council concerned does not carry out the proposal prevented in the previous paragraphs, the Government Chamber of the Superior Court of Justice proceed to appoint the Judge of Peace. It will act in the same way when the person proposed by the City Council does not meet, in the judgment of the same Government Chamber and heard the Fiscal Ministry, the conditions required by this law.

5. The Judges of Peace shall take the oath of office before the Judge of First Instance and Instruction and shall take possession of the person who is exercising jurisdiction.

Article one hundred two

May be appointed as Justices of Peace, both incumbent and substitute, who, while not being licensed in law, meet the requirements set forth in this law for the entry into the Judicial Career, and are not in any of the the causes of incapacity or incompatibility provided for in the performance of judicial functions, with the exception of the pursuit of professional or commercial activities.

Article one hundred three

1. The Judges of Peace shall be remunerated by the system and in the amount legally established, and shall, within their own constituency, be treated and preceded by the recognition of the Judges of First Instance and Instruction.

2. The Judges of Peace and the substitutes shall, where appropriate, cease for the course of their term of office and for the same reasons as the Judges of the Race as soon as they are applicable to them.

BOOK II

THE GOVERNMENT OF THE JUDICIARY

TITLE I

From the governing bodies of the Judiciary

ONLY CHAPTER

General provisions

Article one hundred four

1. The Judiciary is organized and exercises its functions according to the principles of unity and independence.

2. The government of the Judiciary is the General Council of the Judiciary, which exercises its powers throughout the national territory, in accordance with the Constitution and the provisions of this law. With subordination to him, the Chambers of Government of the Supreme Court, the National Court, and the Supreme Courts of Justice shall exercise the functions conferred upon them by this law, without prejudice to those which correspond to the Presidents of the Supreme Court. Courts and the holders of the other courts.

Article one hundred five

The President of the Supreme Court and the General Council of the Judiciary is the nation's first judicial authority and has the representation of the judiciary and the governing body. Its category and honours shall be those corresponding to the holder of one of the three branches of the State.

Article cent six

1. The Chambers of Government of the Supreme Court and the National Court exercise their powers in these Courts. The National Court also exercises them over the Central Courts of Instruction.

2. The Chambers of Government of the High Courts of Justice exercise their powers in the Court itself with respect to the Courts and Tribunals established in the respective Autonomous Community.

3. The rest of the courts exercise their governmental powers with respect to their own organic sphere.

TITLE II

From the General Council of the Judiciary

CHAPTER I

From the powers of the General Council of the Judiciary

Item one hundred seven

The General Council of the Judiciary will have competence in the following matters:

1. Proposal by a majority of three fifths for the appointment of the Chief Justice and the General Council of the Judiciary.

2. Proposal by a majority of three fifths for the appointment of members of the Constitutional Court where appropriate.

3. Inspection of Courts and Courts.

4. Training and improvement, provision of destinations, promotions, administrative situations and disciplinary rules for Judges and Magistrates.

5. Appointment by Order of Judges and presentation to Royal Decree, endorsed by the Minister of Justice, of the appointments of Magistrates of the Supreme Court, Presidents and Magistrates.

6. Appointment of the Secretary-General and members of the Garios or Services dependent on them.

7. Exercise of the jurisdiction of the Center for Judicial Studies that the law attributes to you.

8. Preparation and approval of the preliminary draft budget of the Council.

9. Regulatory power in the terms provided for in Article 110 of this Act.

10. Official publication of the Supreme Court's collection of case law.

11. Those other that attribute the laws to it.

Article one hundred eight

1. The General Council of the Judiciary shall report the preliminary draft laws and general provisions in relation to the following matters:

a) Determination and modification of judicial demarcations under the terms of Article 35 of this Law.

(b) Fixing and amending the organic template of Judges, Magistrates, Secretaries and Staff providing services in the Administration of Justice.

c) Organic Statute of Judges and Magistrates.

d) Organic Statute of the Secretaries and the rest of the staff in the service of the Administration of Justice.

e) Rules of Procedure and any other rules affecting the constitution, organization, functioning and governance of the Courts and Courts.

f) Prison regime.

g) Those other that attribute the laws to you.

2. The General Council of the Judiciary shall issue the report within thirty days. Where the urgency of the report is recorded in the order for reference, the time limit shall be 15 days.

3. The Government will forward this report to the General Courts in the case of the draft laws.

4. The General Council shall be heard prior to the appointment of the Attorney General of the State.

Article one hundred nine

1. The General Council of the Judiciary will annually raise a memory of the state, functioning and activities of the Council and of the Courts and Courts of Justice. It will also include the needs that, in its opinion, exist in terms of personnel, facilities and resources, in general, for the correct performance of the functions that the Constitution and the laws assign to the Judiciary.

2. The General Courts may, in accordance with the Regulations of the Chambers, discuss the contents of that memory and claim, where appropriate, the appearance of the President of the General Council of the Judiciary or of the member of the Council in whom the latter is delegate. The contents of this report, in accordance with the regulations of the Chambers, may give rise to the submission of motions, questions to be answered by the Council and, in general, to the adoption of the measures provided for by the Council. Regulations.

Article one hundred ten

The General Council of the Judiciary may issue regulations on its personnel, organization and functioning within the framework of the legislation on public service. These Regulations, which shall be approved by the General Council, by a majority of three fifths of its members, shall be published in the "Official Gazette of the State", authorized by the President.

CHAPTER II

The composition of the General Council of the Judiciary and the appointment and replacement of its members

Item one hundred and eleven

The General Council of the Judiciary will be composed of the President of the Supreme Court, who will preside over it, and twenty Vocals appointed by the King for a period of five years.

Article one hundred twelve

1. The Vowels of the General Council of the Judiciary will be proposed by the Congress of Deputies and the Senate.

2. Each Chamber shall elect, by a majority of three fifths of its members, four Vocals between lawyers and other jurists of recognised competence with more than fifteen years in the exercise of their profession, acting as provided for in their respective Regulation.

3. In addition, each of the Chambers shall propose, equally by a majority of three fifths of its members, six other Vocals chosen from among Judges and Magistrates of all the categories of judicial categories which are in active service.

4. In no case can they be chosen:

a) Who would have been members of the outgoing Council.

b) Those who provide services in the technical bodies of the General Council of the Judiciary.

Article one hundred thirteen

The Vowels chosen as provided for in the above articles shall be appointed by the King by Royal Decree endorsed by the Minister of Justice.

Article one hundred and fourteen

The constitutive session of the General Council of the Judiciary will be presided over by the oldest vowel, and will be held once the twenty Vocals of the General Council will be appointed, who will take up their position by taking oath or promise before the King.

Article one hundred fifteen

1. The General Council of the Judiciary shall be renewed in its entirety every five years, computed from the date of its constitution. To this end, and six months before the end of the Council's term of office, its President shall address those of the Chambers, taking into account the fact that the new Vocals are chosen by them.

2. The outgoing Council shall remain in office until the new Council is sworn in.

Article cent sixteen

1. The early termination of a Vocal of the General Council of the Judiciary will result in its replacement. To this end, the President of the Council shall put this circumstance in the knowledge of the Chamber which has elected the successor Vocal, in order to make a new proposal by the same majority as the one required by Article 112.

2. The one proposed to replace the ceasing voice must meet the requirements that the choice of article 112 would have required.

CHAPTER III

From the Statute of the Members of the General Council of the Judiciary

Article one hundred seventeen

1. The members of the General Council of the Judiciary shall carry out their activity with absolute dedication, their position being incompatible with any other post, profession or activity, public or private, self-employed or otherwise, whether or not paid, to the exception of the mere administration of personal or family assets. The specific incompatibilities of the Judges and Magistrates expressly set out in Article 389 (2) of this Law shall also apply to them.

2. The administrative situation for those who are civil servants, both judicial and non-judicial, will be that of special services.

Article one hundred and eighteen

1. Destinations where the holders are in a situation which carries the right of reservation of a place for a given term of office and which is provided with a fixed term of office may be covered, including with the relevant promotions, for the time remain the holders in this situation, through the ordinary mechanisms of provision.

2. The persons concerned shall remain, when their holder is rejoined to the place, attached to the Court of Justice in which the reservation was made or, if it were a Court of Justice, at the disposal of the President of the High Court of Justice. The Court of Justice and the Court of Justice As long as they remain in this situation, they shall provide their services to the posts to be determined by the respective Boards of Government, on the basis of the corresponding compensation for the service where they are provided in place other than that of their own. residence, which will remain on the reserved square you have occupied.

3. As long as they perform the reserved square, after one year after they have accessed the same, or at any time when they are in a position of attachment, they will be able to access in property to any destinations for the mechanisms ordinary provision and promotion. They will definitely occupy the reserved square that they serve when they go for any cause. Where they are in a position to be assigned, they shall be assigned to the first vacancy in the collegiate court in question or in the courts of the same order of the place of the reserved place, unless it is the place of the seats. of President or legally reserved to Magistrates from selective testing, if they do not meet this condition.

Article cent nineteen

1. The civil and criminal liability of the members of the General Council of the Judiciary will be required by the procedures laid down for the Supreme Court Magistrates.

2. The Vowels of the General Council of the Judiciary shall not be bound by any imperative mandate, and shall not be removed from their posts but by exhaustion of their mandate, resignation, incapacity, incompatibilities or serious non-compliance with the duties of the position. Acceptance of the resignation shall be the responsibility of the President, and the assessment of the remaining causes of the cessation shall be agreed by the General Council's plenary session by a majority of three fifths of its members.

3. Members elected in accordance with the provisions of Article 112 (3) shall cease when, by retirement or other reasons, they cease to belong to the Judicial Career. In such a case, the provisions of Article 116 shall apply.

Item one hundred and twenty

The Vowels of the General Council shall not be promoted for the duration of their term of office to the category of Magistrate of the Supreme Court, nor appointed to any office of the Judicial Career of free designation or in whose provision concur with merit assessment.

Article one hundred and twenty-one

1. The members of the General Council of the Judiciary shall, for the duration of their term of office, receive the remuneration which shall be set as the sole and exclusive remuneration for the importance of their function. It shall be equal for all and incompatible with any other remuneration.

2. The Vowels who, at the time of their choice, did not belong to the State or the Public Administrations or, even if they belonged, were not in active service and at the end did not reintegrate themselves, provided they had held for a minimum of three years, they shall be entitled to a transitional remuneration for one year, equivalent to that which they received at the time of the cessation. This transitional remuneration shall be subject to the same system of concurrency or incompatibility, if any, as provided for in the State's liabilities.

3. When the Vocal of the General Council of the Judicial Branch has the right to the perception of liabilities, to belong to any Body or Scale of public officials, or to the pension of the Social Security system, it shall be computed, for the purposes of determination of the corresponding, the performance time of those functions.

CHAPTER IV

From the organs of the General Council of the Judiciary

SECTION FIRST. General layout

Article one hundred and twenty-two

1. The General Council of the Judiciary is articulated in the following bodies:

-President.

-Vice President.

-plenary.

-Standing Committee.

-Discipline Commission.

-Rating Commission.

2. The Commissions and Delegations may be established as appropriate.

SECTION SECOND. From the President

Article one hundred and twenty-three

1. The President of the Supreme Court and the General Council of the Judiciary will be appointed by the King on a proposal from the General Council of the Judiciary among members of the Judicial Race or jurists of recognized competence, with more, fifteen years of seniority in your career or in the exercise of your profession. He may be re-elected and appointed, for one time, for a new term of office.

2. The proposal of the General Council of the Judiciary will be adopted by a majority of three-fifths of its members in its own constituent session.

3. The appointment of the President of the Supreme Court and the General Council of the Judiciary will be held in Royal Decree endorsed by the President of the Government.

4. The President of the Supreme Court and the General Council of the Judiciary shall take oath or promise before the King and shall take charge of the General Council of the Judiciary and the High Court in joint session.

5. The President of the General Council of the Judiciary shall be replaced by the Vice-President in the cases of vacancy, absence, illness or other legitimate motive.

Article cent twenty-four

1. The Vice-President of the General Council of the Judiciary will be proposed by the plenary session of the General Council among its Vocals, by a majority of three fifths of its components, and appointed by the King.

2. The Vice President replaces the President in the cases provided for in paragraph 5 of the previous article, and performs the other functions attributed to him by the Laws.

Item one hundred twenty-five

The President of the General Council of the Judiciary will have the following functions:

1. Hold the representation of the General Council of the Judiciary.

2. Convene and chair the sessions of the plenary and the Standing Committee, deciding the draws with a vote of quality.

3. To set the agenda for the plenary sessions and the Standing Committee.

4. Submit as many proposals as appropriate in matters of the competence of the plenary or of the Standing Committee.

5. Propose the appointment of papers to prepare the resolution or issue of a case.

6. To authorize with its signature the agreements of the Plenary and the Permanent Commission.

7. To exercise the superior management of the activity of the Council's technical bodies.

8. The others provided for in law.

Article one hundred and twenty-six

1. The President of the Supreme Court and the General Council of the Judiciary will cease:

(a) For the expiry of the term of his term of office, which shall be deemed to be exhausted on the same date as the end of the General Council for which it has been proposed.

b) By resignation.

(c) On a proposal from the Council Plenary, on the grounds of notorious incapacity, or serious breach of the duties of the office, appreciated by three-fifths of its members.

2. The cases referred to in points (b) and (c) of this Article shall be communicated to the Government through the Ministry of Justice. In such cases, the new appointment of President of the Supreme Court and the General Council of the Judiciary will proceed.

SECTION THIRD. Of the plenary session

Article one hundred and twenty-seven

It will be from the plenary session of the General Council of the Judiciary:

1. The nomination by a majority of three-fifths of the President of the Supreme Court and of the General Council of the Judiciary and the Vice President of the Supreme Court.

2. The proposal for the appointment of members of the Constitutional Court, to be adopted by a majority of three-fifths of its members.

3. The proposal for the appointment of Chief Justice and Magistrates of the Supreme Court and any other discretionary powers.

4. The proposal for the appointment of the President of the Supreme Courts of the Autonomous Communities.

5. To evacuate the Hearing provided for in Article 124.4 of the Constitution on the appointment of the State Attorney General.

6. To resolve the resources of the public against the agreements of the Permanent Commission, the Disciplinary Commission and the Chambers of Government of the Supreme Courts of Justice and the governing bodies of the Courts and Courts.

7. Resolve the rehabilitation files instructed by the Disciplinary Commission.

8. To evacuate the mandatory reports and exercise the regulatory authority attributed by the law to the General Council of the Judiciary.

9. To agree, in the legally established cases, the separation and retirement of the Judges and Magistrates in the cases not provided for in Article 131.3.

10. Choose and appoint the Vocals of the Commissions and Delegations.

11. Approve the annual report that will be read by its President on the occasion of the opening of the judicial year.

12. Approve and submit to the Government the preliminary draft budget of the General Council.

13 Any other functions that correspond to the General Council of the Judiciary and are not expressly attributed to other organs of the Judicial Branch.

Article one hundred and twenty-eight

The Plenary Session shall meet, upon convocation of the President, or, where appropriate, of the Vice-President, in ordinary and extraordinary sessions in accordance with the provisions of the Rules of Procedure approved by the Council. In any event, an extraordinary session shall be held, at the request of five of its members, including on the agenda the matters they have proposed.

Article one hundred and twenty-nine

The plenary session will be validly constituted when a minimum of fourteen of its members are present, with the assistance of the President or whoever legally replaces him.

SECTION FOURTH. From the Standing Committee

Article one hundred thirty

1. Each year the plenary session of the General Council of the Judiciary shall appoint the Standing Committee, which shall be composed of the President of the Council, who shall preside over it, and four Vocals elected by a three-fifths majority, by agreement of the General Council: two belonging to the Judicial Race and two others who are not part of it.

2. The meetings of the Standing Committee shall be valid only with the assistance of at least three of its components, which shall include the President or who is legally to replace him.

3. The Chair may delegate to the Vice-President, or legally substitute, the Chair of the Standing Committee for the resolution of the matters of its competence.

Article One hundred and thirty-one

The Permanent Commission is responsible:

1. Prepare the plenary sessions.

2. Ensure the exact implementation of the Council's plenary agreements.

3. To decide on the appointments of Judges and Magistrates who, to be fully regulated, do not fall within the competence of the plenary, to agree on the age-bound retirement of the judges and to resolve their administrative situation.

4. To resolve on the granting of licenses to Judges and Magistrates, in the cases provided for by law.

5. Authorize the escalation of the Judicial Race.

6. Exercise as many powers as delegated to it by the plenum or attributed by law.

SECTION QUINTA. From the Disciplinary Commission

Article one hundred and thirty-two

1. The General Council plenary shall elect, annually, by a majority of three fifths, from among its Vocals, to the components of the Disciplinary Commission, which shall be composed of five members. Three of them, chosen among the Vocals belonging to the Judicial Race, and the remaining two, other than this one.

2. The Disciplinary Commission shall, in any event, be required to act with the assistance of all its constituents and under the chairmanship of the member of the Commission who is elected by a majority. In the event of a temporary impossibility or a justified absence of any of the members, a replacement shall be made by another member of the Council of the same origin, to be appointed by the Standing Committee.

Article one hundred and thirty-three

To the Disciplinary Commission it is up to the jurisdiction for the instruction of files and the imposition of sanctions against Judges and Magistrates.

SECTION SIXTH. From the Qualifying Commission

Article one hundred and thirty-four

1. Annually, the General Council plenary shall appoint the components of the Qualification Commission, which shall be composed of five members, elected in the same manner as the Disciplinary Commission.

2. It shall be chaired and shall be validly constituted on the same terms as that provided for by the Commission.

Article one hundred and thirty-five

It will be up to the Qualifying Commission to report, in any case, on the appointments of the plenary session.

Article one hundred and thirty-six

For the proper training of the criteria of qualification of the Judges and Magistrates, the Commission may collect information from the various organs of the Judiciary and, in any case, receive an annual report prepared by the Chambers of Government of the courts to which they are attached, which shall be based on objective and sufficiently detailed and detailed criteria.

CHAPTER V

From the regime of acts of the Council

SECTION FIRST. How to adopt agreements

Article one hundred and thirty-seven

1. The agreements of the Council's collegiate bodies shall be adopted by a majority of the members present, except where the law provides otherwise. Who is expected to have a quality vote in case of a tie.

2. The deliberations of the Council's bodies shall be reserved, and their components shall be kept secret.

3. The voice of the majority may request that the vote be recorded in the minutes. It may, if it wishes, make a special written and well-founded vote, which shall be inserted in the minutes, provided that it is present within the day following the day on which the agreement was reached.

4. When the plenary makes use of its powers of report, the text of the agreement adopted shall be incorporated into the reasoned special votes, which shall be attached to the documentation to be sent to the addressee.

SECTION SECOND. Of the formalization of the agreements

Article one hundred and thirty-eight

The agreements of the organs of the General Council shall be documented by the Secretary-General and signed by the Secretary-General.

SECTION THIRD. Regime of acts of the Council

Article one hundred and thirty-nine

1. They will adopt the form of Royal Decree, signed by the King and which will be endorsed by the Minister of Justice, the agreements of the General Council on the appointment of Presidents and Magistrates. The appointments of Judges shall be made by the Council by Order. They will all be published in the "Official State Gazette".

2. The other agreements, duly documented and incorporated into the individual votes, if any, shall be communicated to the persons and bodies which must comply with them or to know them. These agreements shall be published in the cases and with the modalities laid down by the general rules applicable to them.

SECTION FOURTH. Of the execution of the acts

Article one hundred forty

1. The acts of the various organs of the General Council of the Judiciary shall be immediately executive, without prejudice to the regime of impeachment provided for in this Law.

2. However, where an appeal is lodged against them, the Authority responsible for resolving the matter may, on its own initiative or at the request of a party, agree to suspend the execution where it may cause damage to an impossible or difficult situation. repair, or when so established by law.

Article one hundred and forty one

It shall be for the General Council to carry out its own acts, which shall be carried out by the technical bodies at their service, with the assistance, if necessary, of the Administration of the State and the Autonomous Communities.

SECTION QUINTA. Of the procedure and resources

Article one hundred and forty two

1. As soon as this Law is not found, the provisions of the Law on Administrative Procedure shall be observed, as regards the procedure, resources and form of the acts of the General Council, as soon as they are applicable. The intervention of the State Council is necessary.

2. In the case of declarative acts of rights, the ex officio review, and where appropriate, the prior declaration of lesivity shall be adopted by the full majority of its members.

Article one hundred and forty-three

1. Acts of procedure which determine the impossibility of continuing a procedure or of producing defensiveness and final decisions of the Standing Committee and the Disciplinary Commission shall be contested in the light of the Council's plenary session. General.

2. The acts, resolutions and provisions of the Plenary Session shall be subject to administrative proceedings before the relevant Chamber of the Supreme Court.

CHAPTER VI

From the technical bodies to the General Council service

SECTION FIRST. General provisions

Article one hundred and forty-four

The Rules of Organization and the functioning of the General Council of the Judiciary will determine the structure, functions and competencies of its technical bodies.

Article one hundred and forty-five

In the technical bodies of the General Council of the Judiciary, only members of the Judicial or Fiscal Careers and the Bodies of Judicial Secretaries, Attorneys of the State, other officials of the courts will serve. Public administrations, officers, auxiliaries and agents of the administration of justice, in the number to fix the corresponding organic templates.

Article one hundred and forty-six

1. The Judges, Magistrates, Secretaries and members of the Fiscal Career, the State Letrates Corps, and officials of the Public Administrations who are to serve on the General Council of the Judiciary will be appointed, prior to merit contest, by the plenary session of the same.

2. The provision of the places of Officers, Auxiliary and Agents of the Administration of Justice that integrate the organic template of the General Council of the Judiciary will be carried out by means of contest that will be resolved granting the preference for the places announced to the participants of the respective Corps that have a better position in the corresponding scale.

3. The members of the Careers and Bodies mentioned in the previous paragraphs that will serve in the technical organs of the General Council of the Judiciary will remain in the situation of active service in their career of origin and will be submitted to the Staff Regulations of the Council.

SECTION SECOND. Of the technical bodies in particular

Article one hundred and forty-seven

The Secretary-General, who will be freely appointed and removed by the Council's plenary session, will attend the sessions of his or her organs, with voice and without a vote, and shall exercise the functions of management, processing and documentation of the acts of the Council, as well as the management and coordination of the other technical bodies.

Article one hundred and forty-eight

The Inspection Service will carry out, under the General Council's dependence, functions of verification and control of the operation of the services of the Administration of Justice, through the performance of the actions and visits that are agreed upon by the General Council, without prejudice to the jurisdiction of the governing bodies of the Courts.

TITLE III

From the Internal Government of the Courts and Courts

CHAPTER I

From the Chambers of Government of the Supreme Court, National Court and Supreme Courts of Justice

SECTION FIRST. Of the composition of the Boards of Government and the appointment and replacement of their members

Article one hundred and forty-nine

1. The Chambers of Government of the Supreme Court and the National Court shall be constituted by the President of those organs, who shall preside over them, by the Presidents of the Chambers in which they exist, and by a number of Magistrates equal to those of them.

2. The Chambers of Government of the High Courts of Justice shall be constituted by the President of the Courts, who shall preside over them, by the Presidents of the Chambers in which they exist, and by a number of Judges or Judges equal to those of them, elected for all Judges and Magistrates of the Judicial Career in active service who are assigned to the courts located in the corresponding Autonomous Community. One, at least, of the components of the Chamber shall be of the category of Judge, unless there are no candidates of that category.

Article 150

The elected members of the Government Chambers will be renewed in their entirety every five years, computed from the date of the constitution of that one. On the expiry of that period, the Governing Board shall continue to carry out its duties until the date of the establishment of the new office.

Article 150 and one

1. The election of members of the Boards of Government shall be carried out in accordance with the following rules:

1. The election shall be carried out by means of personal, free, equal, direct and secret voting, voting by mail. It shall be convened two months in advance of the termination of the mandate of the previous elected members.

2. Nominations may include one or more candidates, together with their corresponding replacement up to a number equal to that of posts to be filled, and suffice for them to be submitted that consists of the consent of the candidates. They may also be endorsed by a group of voters or by a legally constituted professional association. Nominations will be open, and voters will be able to vote for as many candidates and as many alternates as places to fill.

3. The candidates who have obtained the highest number of votes shall be elected. If, by strict application of this rule, no Judge is elected to the Office of the Government of a High Court of Justice, the Magistrate who has been elected with the lowest number of votes shall give his place to the Judge who has obtained the highest number of votes among those who were candidates, unless candidates of that category had not been elected.

2. For the purposes of this article, an electoral board shall exist in each Court, presided over by its President and also composed of the oldest and most modern Magistrate of the Supreme Court, the National Court or the Court of Justice. Top Justice Corresponding.

3. It is up to the General Council of the Judiciary to convene the elections and to issue the necessary instructions for their organization and, in general, for the correct conduct of the electoral process.

4. To each Board of Elections it is up to the candidates to proclaim, to act as an electoral table in the act of the election, to proceed to the scrutiny and to proclaim the results, which will be communicated to the Council, and, in general, the direction and ordination of all the electoral process. Against the agreements of the Electoral Board, an electoral administrative-administrative appeal may be brought.

5. In the case of an early termination, for any reason, of any of the elected members of the Board of Government, their position shall be covered by the corresponding replacement.

6. If it is an elected member and the substitute will also cease, the post will be covered by the unelected candidate who would have obtained the highest number of votes. If elected candidates are not restored, partial elections will be called to fill the job or vacant posts.

SECTION SECOND. Of the powers of the Boards of Government

Article 150 and two

1. The Chambers of Government play the role of the Government of their respective Courts and, in particular, they are responsible for:

1. Approve the rules for the distribution of cases between the different Sections of each Room.

2. Set annually with objective criteria the precise shifts for the composition and functioning of the Chambers and Sections of the Court and to set binding rules for the assignment of the papers to be taken Magistrates.

3. Adopt, with respect to judicial immobility, the necessary measures in cases of dissent among Magistrates that may influence the good order of the Courts or the Administration of Justice.

4. provisionally complete the composition of the Chambers in cases where, due to circumstances over time, it is necessary for the operation of the service, always without prejudice to the specific destination of the Magistrates of each Chamber.

5. Exercise disciplinary powers over Magistrates in the terms set forth in this Act.

6. Propose to the President the conduct of inspection visits and information that he considers to be coming.

7. Promote the retirement files due to the inability of the Magistrates, and report them.

8. To elaborate the reports requested by the General Council of the Judiciary and the Annual Report on the functioning of the Court, with detailed expression of the number and class of cases initiated and completed by each This is the case, as well as those which are pending, specifying the year of their initiation, all referred to on 31 December. The report shall contain, in any event, the indication of the measures deemed necessary for the correction of the deficiencies reported.

9. Propose to the General Council of the Judiciary the adoption of the measures it deems pertinent to improve the Administration of Justice as to the respective courts.

10. Receive the legally-prevented oath or promise of the Magistrates who make up the respective Courts and give them possession.

11. To promote and collaborate in economic management in the Court and, in general, to fulfil the other functions that the Laws attribute to the internal governing bodies of the Courts and which are not expressly attributed to the Presidents.

2. The Chambers of Government of the Superior Courts of Justice are also responsible for:

1. Approve the rules for the distribution of cases between the Sections of the Provincial Hearings and Courts of the same court of law based in the Autonomous Community.

2. Exercise the powers of the numbers fifth to the eleventh of the previous paragraph, but also refer to the courts with headquarters in the corresponding Autonomous Community and to the Judges and Magistrates intended.

3. Propose to the General Council of the Judicial Branch the alternate magistrates, with the expression of the personal and professional circumstances in which they are present.

4. Exorder the appointments of the Peace Judges.

5. º Select and appoint temporary provision judges.

SECTION THIRD. The functioning of the Boards of Government and the regime of their acts

Article 150 and three

1. The Chambers of Government shall meet at least twice a month, unless there are no outstanding cases, and as many times as they have to deal with urgent matters of interest to the Administration of Justice, or at the request of the third by means of a reasoned proposal and an expression of what is to be the subject of deliberation and decision. The call will be made by the President, with the expression of the issues to be addressed.

2. The Chamber may be constituted by the President and two members for non-decision-making proceedings of a formal nature, such as the taking of oath or promise or the taking of Judges and Magistrates or others of an analogous nature.

3. In other cases, for their valid constitution, the presence, at least, of the majority of their members, shall be required, which shall be referred to in person at least twenty-four hours in advance.

Article 150 and four

It shall not be possible to be present in the discussions and votes that have direct or indirect interest in the matter in question, being applicable in this case to the law for abstention and recusal.

Article one hundred and fifty-five

The President shall appoint a rapporteur for each matter to be dealt with, who shall inform the Chamber and, where appropriate, present the proposal for an agreement or resolution, unless, for reasons of urgency, it is not possible, or because of the minor importance of the Subject, in the President's judgment, do not require it.

Article 150 and six

The President, on his own initiative, at the request of the rapporteur or by agreement of the Chamber, shall give the opinion of the Prosecutor's Office those matters in which he is required to intervene or in which the nature of the matters makes it appropriate. The rapporteur, in the light of the opinion of the prosecutor, who will give the room, will make the corresponding proposal.

Article 150 and seven

1. After the discussion of each case, we shall proceed to the vote, which shall begin by the most modern Judge or Magistrate and shall continue in order of lesser antiquity, until which I shall preside. The vote will be secret if requested by any member.

2. The Judge or Magistrate who disintiere of the majority may request the record of his vote in the minutes. It may, if it wishes, make a special written and well-founded vote, to be inserted in the minutes, if the Chamber considers it to be from its nature or the circumstances, provided that it is present within the time limit set by the Chamber, which shall not be more than three days.

3. The President shall have a vote of quality in case of a tie.

Article 150 and eight

1. The Secretary of Government shall give an account of the matters brought to the Chamber; he shall be present in his discussion and vote; he shall draw up the minutes, in which all the agreements shall be mentioned, referring them to the files in which he is to be inserted; the last names of those present in the session; it shall keep the record of the minutes and, where appropriate, give the corresponding certificates.

2. The acts of the Government Chambers will be enforceable, they will be used in a show before the General Council of the Judicial Branch and will be of application to them the rules of the Law of Administrative Procedure.

Article 150 and nine

1. The agreements of the Chambers of Government shall be carried out in a book of minutes, which shall be the responsibility of the Secretary of Government and shall not have any other publicity than that which is carried out at the request of the Secretary of Government of which he has a direct, legitimate and personal interest.

2. However, agreements on rules for distribution between Sections and between Courts of a court order shall be given sufficient publicity.

CHAPTER II

From the Presidents of the Courts and Audiences

Article one hundred and sixty

Presidents will have the following functions:

1. Convene, chair and lead the deliberations of the Governing Board.

2. To set the agenda for the session of the Governing Board, which shall include matters proposing at least two of its components.

3. Submit any proposals as appropriate to the competence of the Board of Government.

4. Authorize with its signature the agreements of the Government Room and ensure its compliance.

5. To take care of the measures taken by the Government Chamber to correct the defects which exist in the Administration of Justice, if they are within their powers, and, in another case, to propose to the Council, according to the Chamber, What you consider convenient.

6. Dispatch the reports requested by the General Council of the Judiciary.

7. Take the necessary measures, when situations arise which, as a matter of urgency, require it, at the first meeting of the Governing Board.

8. Lead the inspection of the Courts and Courts in the terms set forth in this Act.

9. To determine the division of cases between the Sections of the Court, in accordance with the rules adopted by the Board of Government.

10. To preside at the meeting of the Presidents of Chambers and Magistrates daily and to take care of the composition of the Chambers and Sections in accordance with Article 19 of this Law.

11. Exercise all powers directed to the good order of the Court or the respective Hearing, as well as to the fulfillment of their duties by the staff of the same.

12. To inform the General Council of the judicial vacancies and vacant posts of auxiliary staff of the respective Court or Hearing.

13. Hear the complaints made to them by those interested in causes or lawsuits, taking the necessary precautions.

14. The others provided for in the Act.

Article one hundred and sixty-one

1. The President of the Superior Court of Justice holds the representation of the Judiciary in the corresponding Autonomous Community, provided that the President of the Supreme Court does not attend.

2. The President of the Chamber referred to in Article 70 and eight of this Law represents the judicial branch in the provinces to which the jurisdiction of the latter is extended, except where the jurisdiction of the High Court of Justice or that of the Court Supreme. In the event that there are, in accordance with that article, Salas de lo Contentios-Administrativo and de lo Social, such representation corresponds to the President of the Chamber designated by the General Council of the Judiciary.

3. The President of the High Court of Justice may delegate to the Chamber referred to in the preceding Article the governmental functions which he has, as appropriate, referred to the Chamber or Chambers concerned and to the courts with a seat in the provinces to which that or those provinces extend their jurisdiction.

Article one hundred and sixty two

May the Presidents of the Supreme Court, the National Court, the Supreme Courts of Justice and the Audiences, and, where appropriate, the Chambers of Government, through those, lead the Courts and Courts to them. In the case of the Court of Justice of the European Union, the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Union Supreme Court, where appropriate, and directly to the General Council of the Judiciary.

Article one hundred and sixty-three

In the Supreme Court, and under the direct dependence of its President, a Technical Cabinet of Documentation and Information will operate. The law will determine its composition and template.

Article one hundred and sixty-four

The Presidents of the Provincial Hearings preside over the same, adopt the necessary measures for their operation and exercise the powers of Government over the personnel and other functions that the law attributes to them, without prejudice, in any case, of the powers of the governing bodies of the High Court of Justice.

CHAPTER III

Of the Presidents of the Chambers and Judges

Article one hundred and sixty-five

The Presidents of the Chambers of Justice and the Judges shall have in their respective courts the direction and inspection of all the services and matters, shall adopt the resolutions that the good march of the Administration The Court of Justice shall give an account to the Presidents of the respective Courts and Auditors of the anomalies or faults which they observe and shall exercise the disciplinary functions conferred on them by the law on the staff assigned to the service of the Chamber or Court of law and those who recognize the procedural laws on the rest of the professionals to relate to the Court.

CHAPTER IV

Of the Judges Decans and the Boards of Judges

Article one hundred and sixty-six

1. In the populations where there are ten or more Courts, their holders will elect by a majority of three fifths to one of them as Dean. If the majority is not obtained by the first vote, the simple majority will suffice in the second vote, and the draws in favour of the one in the best position will be resolved. The election must be renewed every four years or when the chosen one will cease for any cause.

2. Where there are fewer than ten Courts, you will exercise the duties of Dean the Judge or Magistrate with the best position on the ladder.

3. Exceptionally, and where the circumstances of the decanate so warrant, the General Council of the Judiciary, or the Board of Judges, may release its holder in full or in part from the work to be carried out in the judicial order. respective.

Article one hundred and sixty-seven

1. Where there are two or more courts of the same jurisdiction, the cases shall be distributed between them in accordance with the rules of delivery laid down. The rules for distribution shall be adopted by the Board of Governors of the High Court of Justice, on a proposal from the Board of Judges of the respective court. At the request of the person concerned, the Board of Judges may propose that a Judge on the distribution of cases be released, in whole or in part, for a limited period of time when the good administration of Justice makes it necessary. The agreement shall be forwarded to the Governing Board for approval, if it is relevant, to the Chamber of Government.

2. The division shall be carried out under the supervision of Judge Dean, assisted by a Registrar, and it shall be up to him to resolve the questions raised and to correct any irregularities which may arise, by means of an internal government. the necessary measures and, where appropriate, promoting the need for the responsibilities to be taken.

Article one hundred and sixty-eight

The Dean will ensure the good use of judicial premises and material means; they will ensure that the on-call service is continued; they will take urgent action in matters not dealt with when, not to do so, may violate any rights or cause serious and irreparable harm; they shall hear complaints made to them by those interested in causes or disputes, taking the necessary precautions, and shall exercise the other functions that they may attribute the law.

Article one hundred and sixty-nine

The Dean shall hold the representation of all to the public authorities and shall preside over the Board of Judges to deal with matters of common interest affecting the holders of all or any of the courts. This Board shall be convened by the Dean whenever requested by a quarter of the Judges of the population.

Item one hundred and seventy

1. The Judges of each court may meet in Junta, under the chairmanship of the Dean, in order to propose the rules for the distribution of such rules, to unify criteria and practices, and to deal with common matters or on which it is appropriate. (a) raise exposure to the relevant Governing Board or the General Council of the Judiciary through the President of the High Court of Justice or the President of the Court of Justice.

2. The Dean shall convene the Board when it considers it necessary or at least one-fourth of the members of the Board of Directors of the Board.

3. The Judges of the same province or Autonomous Community, presided over by the oldest in the destination, may also meet in order to deal with problems that are common to them.

4. The Board shall be considered validly constituted to take agreements when half more than one of its members attend, adopting the agreements by simple majority.

5. The Board shall elect one of its members as the Secretary, who shall be responsible for drawing up the minutes of the Boards ' agreements, as well as for preserving and issuing the certificates.

CHAPTER V

From the Inspection of the Courts and Courts

Article one hundred and seventy-one

1. The General Council of the Judiciary exercises the highest inspection and surveillance of all the Courts and Courts for the verification and control of the operation of the Administration of Justice.

2. The President of the Council and the Vocals of the Council may, by agreement of the Plenary, make information visits to those bodies.

3. The Council or its President, when deemed necessary, may order the Inspection Service, or the Presidents, Magistrates or Judges of any Court or Court, to carry out inspections of the Courts or Courts or collect information on the functioning and performance of the duties of judicial personnel.

4. The Ministry of Justice may, where it considers it necessary, request the Council to order the inspection of any Court or Court. In this case, the Council shall notify the Ministry of Justice of the decision taken and, where appropriate, the measures taken. This is without prejudice to the powers granted to the Prosecutor's Office by this law.

Article one hundred and seventy two

1. The Chief Justice directs the ordinary inspection and monitors the functioning of the Chambers and Sections of this Court.

2. The Presidents of the High Courts of Justice have the same functions in their respective territorial areas.

3. The President of the National Court has the powers of the preceding paragraphs, with respect to the Chambers of the same and the Central Courts.

Article one hundred and seventy-three

The inspection shall be entrusted to Judge or Magistrate of equal or higher status to that of the holder of the inspected organ.

Article one hundred and seventy four

1. The Judges and Presidents of Sections and Chambers shall exercise their inspection in the matters of their knowledge.

2. When in his judgment he agreed, in order to avoid abuse, to take any measure other than his competence or to issue visits to any Court or Court, he shall be made manifest by the President of the Supreme Court, the National Court or the High Court of Justice. Justice, for this to decide what is appropriate.

Article one hundred and seventy-five

1. Judges and Magistrates and staff at the service of the Administration of Justice should provide the necessary collaboration for the good purpose of the inspection.

2. The inspection powers shall be exercised without merit from the authority of the Judge, Magistrate or President.

3. The inspection file shall be completed with the reports on the inspection body, which may be submitted by the respective Bar and Procurator, in all matters affecting them. To this end, they shall be notified, in good time, in respect of the circumstances in which the inspection activity takes place.

Article one hundred and seventy-six

1. The inspection shall include an examination of the extent necessary to ascertain the functioning of the Court or the Court and the fulfilment of the duties of the judicial staff, in particular with regard to the requirements of an early and effective processing of all matters.

2. The interpretation and application of the laws made by the Judges or Courts, when administering Justice, shall not be subject to approval, censorship or correction, on occasion or as a result of acts of inspection.

Article one hundred and seventy-seven

1. The Judge or Magistrate who carries out the inspection shall draw up a report to which he has issued it.

2. The inspection visits shall be drawn up in the form of details of the outcome of the inspection, and of which a copy shall be given to the Judge or President of the court or tribunal inspected. They may, in respect of such minutes, make the relevant comments or clarifications and refer them to the Authority which has ordered the practice of the inspection within 10 days.

3. The President of the Chamber of Government, which shall, where appropriate, take account of the report, where appropriate, shall take the measures which it considers appropriate within its powers and, where it does not have the power to resolve, shall propose to the The General Council of the Judicial Branch what it deems appropriate. The communication to the General Council shall be made through its President. The General Council shall, in itself, adopt the measures which it has taken, when it has ordered the inspection.

CHAPTER VI

From Government Secretaries

Article one hundred and seventy-eight

1. In the Supreme Court, National Court and Supreme Courts of Justice there will be a Secretariat of Government, performed by a Secretary, who will be assisted by the Officers, Auxiliary and Agents that establishes the template.

2. In the Supreme Court there will also be a Deputy Secretary of Government.

BOOK III

OF THE COURTS AND TRIBUNALS REGIME

TITLE I

From the time of court proceedings

CHAPTER I

From the ordinary period of activity of the Courts

Article one hundred and seventy-nine

The judicial year, the ordinary period of activity of the Courts, shall be extended from 1 September, or the following working day, until 31 July of each calendar year.

Article one hundred and eighty

1. During the period in which the Courts interrupt their ordinary activities, a Chamber composed of its President and the number of Magistrates to be determined by the General Council of the Judicial Branch, which will assume the powers of Chambers of Government and Justice, seeking to have Magistrates of the various Chambers.

2. Magistrates who are not part of this Chamber may be absent from the end of the ordinary period of business after the cases referred to have been completed.

Article one hundred and eighty-one

1. At the beginning of the judicial year a solemn act will be held in the Supreme Court.

2. The President of the General Council of the Judiciary and the Supreme Court shall present the annual report on the state, functioning and activities of the Courts and Courts of Justice in that act.

3. The Attorney General of the State will also read in this event the Annual Report on its activity, the evolution of crime, the prevention of crime and the necessary reforms for greater effectiveness of Justice.

CHAPTER II

From time to court proceedings

Article one hundred and eighty two

1. They are unskilled on Sundays, national holidays and holidays for work purposes in the respective Autonomous Community or locality.

2. They are business hours from eight in the morning at eight in the afternoon, unless otherwise provided by law.

Article one hundred and eighty three

They will also be indefable on the days of August for all court proceedings, except those declared urgent by the procedural laws.

Article one hundred and eighty four

1. Without prejudice to the provisions of the foregoing articles, every day of the year and all hours shall be business for the instruction of the criminal causes, without the need for special enablement.

2. The days and indefable hours may be provided by the Judge or Court, subject to the provisions of the procedural laws.

Article one hundred and eighty-five

1. The procedural time limits shall be calculated in accordance with the provisions of the Civil Code. Those who have been identified for days shall be excluded.

2. If the last day of the deadline is not working, it shall be extended to the following first working day.

TITLE II

From the way the Courts and Courts are constituted

CHAPTER I

From the public hearing

Article one hundred and eighty-six

Courts and Courts shall hold a public hearing every working day for the practice of evidence, the views of the proceedings and the causes, the publication of the judgments and other acts of law.

Article one hundred and eighty-seven

1. In public hearing, court meetings and formal acts, the Judges, Magistrates, Prosecutors, Secretaries, Lawyers and Attorneys shall use toga and, where appropriate, plaque and medal according to their rank.

2. They will all be at the same height in strings.

Article one hundred and eighty-eight

1. The Judges and the Presidents of the Audits and Courts shall indicate the hours of public hearing necessary to ensure that the processing of the proceedings takes place without undue delay. They will be made known through an edict ostensibly set on the outside of the Courts and Courts.

2. The Judges and Magistrates who form Sala will attend the hearing, not to mediate cause.

Article one hundred and eighty-nine

1. The working hours of the Courts and Courts, their Secretariats and judicial offices shall be established by the General Council of the Judicial Branch, without it being lower than that established for the Public Administration.

2. The Judges and Magistrates, Presidents, Secretaries, Officers, Auxiliary and Agents of the Administration of Justice, as well as the Medical Physicians, shall exercise their respective activity in the terms that demand the needs of the service, without prejudice to respect the schedule set.

Article one hundred and ninety

1. It is for the President of the Court or the Judge to maintain order in the Chamber, to which effect it shall agree as appropriate.

2. They shall also cover their rights to those present.

Article one hundred and ninety-one

For the purposes of the foregoing article, those that will disturb the view of some process, cause or other judicial act, giving ostensible signs of approval or disapproval, lacking respect and considerations due to the Judges, Courts, Fiscal Ministry, Lawyers, Attorneys, Attorneys and Secretaries, shall be admonished in the act by the Judge or President and expelled from the Chamber, if they do not obey the first warning, without prejudice to the responsibility the penalty they incur.

Article one hundred and ninety-two

Those who resist the order of expulsion will also be punished, with a fine whose maximum will be the amount of the highest penalty provided for in the Penal Code as a penalty for faults.

Article one hundred and ninety-three

1. The same fine shall be punishable by witnesses, experts or any other who, as a party or by representing the same, shall fail in the views and acts of the word, deed or in writing to the consideration, respect and obedience due to the Courts, where their acts do not constitute a crime.

2. The Lawyers and Attorneys of the Parties are not included in this provision, in respect of which the provisions of Title V of the V Book are to be observed.

Article one hundred and ninety-four

1. The act which motivates the sanction, the explanation which, if any, of the sanction and the agreement to be adopted by the Judge or President, shall be recorded in the minutes.

2. Against the agreement on the imposition of a penalty, the judge or president may decide to bring proceedings before the Judge or President within three days, which shall be resolved by the next day. Against the agreement by resolving the hearing in justice or against the imposition of the sanction, if it had not used that appeal, it will be the right of appeal, within five days, before the Chamber of Government, which will resolve it, after the Judge's report or President who imposed the sanction, at the first meeting to be held.

Article one hundred and ninety-five

When the facts of the previous articles are made to constitute a crime, their authors shall be detained in the act and placed at the disposal of the competent Judge.

CHAPTER II

From the formation of the Salas and the Alternate Magistrates

Article one hundred and ninety-six

In cases where the law does not have anything else, three Magistrates will suffice to form the Chamber.

Article one hundred and ninety-seven

However, they may be called, to form a Chamber, all the Magistrates who compose it, even if the law does not require it, when the President, or the majority of those, deems it necessary for the administration of Justice.

Article one hundred and ninety-eight

1. The composition of the Sections shall be determined by the President in accordance with the criteria approved annually by the Board of Government, on a proposal from that Chamber.

2. They shall be chaired by the President of the Chamber, by the President of the Section or, failing that, by the oldest Magistrate of the Members.

Article one hundred and ninety-nine

Where no sufficient number of Magistrates is present to constitute a Chamber, other Magistrates appointed by the President of the Court may be completed, on the basis of a shift in which those who are They will be free of pointing and, among these, the most modern.

Article two hundred

1. A list of alternate magistrates may be held at the provincial hearings and the High Courts of Justice, which shall be called, in their order, to form the Chambers in cases where, for unforeseen and exceptional circumstances, they cannot constitute those. No more than one alternate Magistrate may be present.

2. Each year, the General Council of the Judiciary shall draw up the list referred to in the preceding paragraph, on a proposal from the Governing Board concerned and in accordance with the provisions of Article 152.2. 3. The alternate Magistrates shall be subject to the same causes of removal of the Judges and Magistrates as soon as they are applicable to them.

Article two hundred one

1. The position of the alternate Magistrate shall be honorary, without prejudice to the right to be remunerated in the manner that is determined in accordance with the budgetary provisions.

2. Only those who fulfil the necessary conditions for entry into the Judicial Career may be placed.

3. Preference shall be given to those who have served judicial or legal professions or teachers in these matters. In no case shall the appointment be placed on those who pursue the professions of lawyer or prosecutor.

Article two hundred two

The designation of the Magistrates who do not constitute a template of the Chamber shall immediately be made known to them and to the parties, for the purposes of their possible abstention or recusal.

CHAPTER III

from the Rapporteur Magistrate

Article two hundred three

1. In each case or case which is dealt with before a Court or Hearing, there shall be a Judge-appointed Magistrate, appointed according to the turn established for the Chamber or Section at the beginning of the judicial year, exclusively on the basis of objective criteria.

2. The appointment shall be made in the first decision to be taken in the proceedings and the parties shall be notified of the name of the rapporteur and, where appropriate, of the name of the rapporteur in accordance with the shift already established, with the reasons for the substitution.

Article two hundred four

In the nomination of the speaker, all the Magistrates of the Chamber or Section, including the Presidents, will take turns.

Article two hundred five

It will be up to the rapporteur, in the cases or causes that have been taken:

1. The regular dispatch and care of its processing.

2. Examine the interrogations, positions and proposals of evidence presented by the parties and report on their relevance.

3. To preside over the practice of the relevant evidence, provided that they are not to be performed before the Court.

4. Report the appeals against the decisions of the Chamber or Section.

5. Propose the decision-making orders of incidents, the judgments and other resolutions to be submitted for discussion in the Chamber or Section, and to draft them definitively, if it is satisfied with the agreement.

6. Pronounce in Public Hearing the sentences.

Article two hundred six

1. When the Rapporteur is not satisfied with the majority vote, he will decline the wording of the resolution, and must give his particular vote.

2. In this case, the President shall entrust the drafting to another Magistrate and shall have the necessary rectification at the time of the papers to restore the equality in the matter.

CHAPTER IV

From substitutions

Article two hundred seven

The replacement of the Judges and Magistrates shall proceed in the cases of vacancy, license, special services or other causes that warrant it. The substitutions shall be made in the form set out in this Chapter, without prejudice to the provisions of this Law for the composition of the Chambers and Sections of the Courts.

Article two hundred eight

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 oldest Chamber in office.

2. The Presidents of the Provincial Hearings shall be replaced by the oldest Section President or, if not, by the Magistrate with the best position on the ladder.

3. When the staff of the Hearing does not understand another square than that of its President, it will replace the titular Magistrate who will be in turn to attend the hearing.

Article two hundred nine

1. The Presidents of the Chambers and the Sections shall be replaced by the Magistrate with the best position in the Chamber or Section in question.

2. In the case of a vacancy, the Chair of the Hearing or Court shall take over the Chair of the Chamber, if he considers it appropriate.

Article two hundred ten

1. The Judges of First Instance and of Instruction, of the Administrative, the Child and the Social, shall be replaced with each other in the populations where there are several of the same court order, in the form which the Chamber of Government of the Superior Court of Justice, on a proposal from the Board of Judges.

2. If the Dean is to be replaced, his duties shall be exercised by the Judge who replaces him in the Court of which he is a holder, in accordance with the provisions of the preceding paragraph, or, where appropriate, the oldest in office.

Article two hundred eleven

1. Where in a population only a Judge of a given court order exists, he shall be replaced by the holder of any of the other.

2. They will also replace those of a different jurisdictional order, even with several Judges belonging to it, when the possibilities of substitution between them will be exhausted.

3. The Judges of First Instance and Instruction shall be responsible for the replacement of the other courts. It shall be the responsibility of the Judges of the Administrative and Social Affairs, in accordance with the order established by the Chamber of Government of the High Court of Justice.

Article two hundred twelve

1. The Judges of First Instance and of Instruction, of the Administrative, Minor and Social Affairs shall perform the functions inherent in their court and the position they replace.

2. In cases where the application of the provisions of the preceding articles is not possible, the jurisdiction of the substitute Judge, who shall be appointed in the same way as the Deputy Magistrates and subject to his own legal regime, shall exercise jurisdiction. The remuneration shall be determined in accordance with the budgetary provisions.

Article two hundred thirteen

The Peace Judges shall be replaced by the respective substitute Judges.

Article two hundred fourteen

Where it is not possible to apply the provisions of the foregoing articles, or if it is advisable for a better dispatch of the cases, the Governing Board shall extend the jurisdiction of the holder of a Court of the same degree and order of the to be replaced, which will perform both charges.

Article two hundred fifteen

The extensions of jurisdiction shall be communicated to the General Council of the Judicial Branch for approval, without prejudice to the performance of such extensions, if agreed by the Governing Board.

Article two hundred sixteen

1. No commission of services may be conferred for Courts or Courts if it is not for a given time, circumstances of particular need and prior conformity of the person concerned.

2. The commissions shall be awarded by the General Council of the Judiciary, heard by the corresponding Government Chambers.

3. No commissions shall be conferred on the posts of President and Presidents of the National Court of Justice and Superior Courts of Justice, nor the President of the Provincial Court.

CHAPTER V

Abstention and recusal

Article two hundred seventeen

Judges and Magistrates must abstain and, failing that, they may be challenged when legal cause is present.

Article two hundred eighteen

They will only be able to recuse:

1. In civil, social and litigation matters, the parties and the Prosecutor's Office.

2. In criminal matters, the Prosecutor's Office, the private or private accuser, the civil actor, the defendant or the defendant, the accused person and the third civil person.

Article two hundred nineteen

These are causes of abstention and, where appropriate, of recusal:.

1. º The marriage bond or situation of fact assimilable and the kinship by consanguinity or affinity within the fourth grade with any of those expressed in the previous article.

2. º The marriage bond or situation of fact assimilable and the kinship by consanguinity or affinity within the second degree with the Letrado and the Procurator of any of the parties involved in the process or cause.

3. º or have been a judicial defender or member of the tutelary bodies of any of the parties, or have been under the care or guardianship of any of these.

4. º or have been denounced or accused by any of the parties as being responsible for any crime or fault.

5. º Haber has been a defender or representative of any of the parties, issued an opinion on the suit or cause as a Letrado, or intervened in him as a prosecutor, expert or witness.

6. º Being or having been a whistleblower or accuser of either party.

7. Have a pending suit with any of these.

8. Intimate Friendship or Manifest enmity with any of those expressed in the previous article.

9. º Having direct or indirect interest with the suit or cause.

10. Have been an instructor of the cause when the knowledge of the judgment is attributed to another Tribunal or have failed the suit or cause in previous instance.

11. Be one of the subordinate parts of the Judge to resolve the litigation.

Article two hundred and twenty

It will also be the cause of abstention and, where appropriate, of recusal in the processes in which the Public Administration is a party, the Judge or Magistrate is to be found with the authority or official who has given the act or has been informed about it. of the same or performed by reason of which the process is followed, in any of the circumstances mentioned in numbers 1 to 8 and 11 of the previous article.

Article two hundred and twenty-one

1. The Judge or Magistrate in which one of the causes expressed in the preceding articles is present shall abstain from the knowledge of the case without waiting for the refusal to be made.

2. The abstention shall be reasoned and shall be communicated to the Governing Board of the Court concerned. Where the person abstaining is part of a collegiate body, the communication shall take place through the President of the Chamber or Section.

3. If the Chamber of Government does not consider that abstention is justified, it shall instruct the Judge or the Magistrate to continue in the knowledge of the case, without prejudice to the right of the parties to enforce the challenge and the imposition of the Judge or Magistrate, if there should be sufficient reason for the disciplinary correction to be made, in this case raising the General Council of the Judiciary to be aware of the effects of the Court's personal file on the corresponds.

Article two hundred and twenty-two

1. Having regard to the provisions of the foregoing Article, if the Judge or Magistrate does not, within five days, receive the order that he shall continue to know the matter, he shall definitively depart from the case and, where appropriate, send the proceedings to which he is required to replace you.

2. Abstention shall be communicated to the parties.

Article two hundred and twenty-three

1. The recusal should be proposed as soon as you become aware of the cause of the failure. If such knowledge is prior to the process, it shall be proposed at the start of the process, otherwise it shall not be admissible.

2. The recusal shall be proposed in writing signed by the applicant, who shall be ratified in the presence of a judicial presence. Where the document is signed by the Prosecutor's Office, he must accompany special powers for the recusal in question. The document in which the recusal is proposed must be signed by Letrado when his intervention is necessary in the process.

Article two hundred twenty-four

1. They will instruct the recusal incidents:

(a) When the person is the President of a High Court of Justice, of the National Court, or of the Supreme Court or the President of one of its Chambers, the President of the oldest Chamber, and if the person is the most old, the old one.

b) When the recusal is a Provincial Hearing Officer, the oldest Magistrate of such Hearing.

(c) When the recusal is a Magistrate of a Hearing, High Court or Supreme Court, the oldest Magistrate of its Chamber, and if the recusal is the oldest, the one that follows him in seniority.

d) When the recusal is a judge, the one who legally replaces him, if he belongs to the judicial career.

2. If it is not possible to do so in the preceding paragraphs, the Governing Board shall appoint the instructor of the incident from among the Magistrates or Judges of the province or, failing that, of the Autonomous Community, and, where appropriate, if not He shall request from the General Council of the Judiciary the corresponding appointment.

Article two hundred twenty-five

1. If the challenge is raised, the case shall pass or cause the substitute's knowledge and, where appropriate, the document and the documents of the challenge shall be forwarded to the person responsible for the incident.

2. This will provide a copy of the document and documents to the recusal, requiring you to report the recusal within three days.

3. If the recusal will accept as true the cause of recusal, the incident will be resolved without further formalities.

4. In another case, the Instructor shall order the practice of the test, if it has been proposed in a manner and is relevant, within ten days, and, at the same time, he shall send the act to the competent authority to decide, which shall do so by means of a self-hearing the Fiscal Ministry. Where the person is a Judge, the decision shall be taken by the Instructor himself.

Article two hundred and twenty-six

In verbal judgments, whatever the court order, and in those of faults, if the challenged Judge does not accept in the act as true the cause of the recusal, the actions to which he or she is responsible shall pass. In the meantime, the main issue was suspended. The Instructor shall agree that the parties may be brought against their presence on the day and time that they set out, within the following five, and, heard the parties and the relevant declared evidence, shall decide whether or not to place the recusal on the same day. act.

Article two hundred and twenty-seven

1. The resolution that dismisses the challenge will agree to return the knowledge of the suit or cause to the recusal, in the state in which it will be found. This decision shall bear the conviction on the costs of the applicant, unless there are exceptional circumstances justifying another pronouncement. Where the decision to decide on the incident expressly declares the existence of bad faith in the applicant, a fine of five thousand to one hundred thousand pesetas may be imposed.

2. The judgment of the court shall definitively depart from the Judge or Magistrate of the knowledge of the suit or cause. He shall continue to know of him, until his termination, the one to whom his substitution corresponds.

Article two hundred and twenty-eight

Against the decision of the recusal, no recourse shall be given, without prejudice to the possibility that it may be asserted, in the appeal against the decision that decides the suit or cause, the possible nullity of the case.

TITLE III

From the judicial proceedings

CHAPTER I

Of Orality, Advertising, and Official Language

Article two hundred twenty-nine

1. Judicial proceedings will be predominantly oral, particularly in criminal matters, without prejudice to their documentation.

2. The declarations, confessions in judgment, testimonies, careous, explorations, reports, ratification of the experts and the views, shall be carried out before Judge or Tribunal with presence or intervention, if any, of the parties and in public hearing, except as provided in the law.

Article two hundred thirty

Any technical means of documentation and reproduction may be used in the process, provided that they offer due guarantees of authenticity. The law shall regulate the requirements and form of their use.

Article two hundred and thirty-one

1. In all judicial proceedings, the Judges, Magistrates, Prosecutors, Secretaries and other officials of Jugados and Tribunals will use Spanish, the official language of the State.

2. The Judges, Magistrates, Prosecutors, Secretaries and other officials of Jugados and Tribunals may also use the official language of the Autonomous Community, if none of the parties object, alleging ignorance of it, that it may produce defenseless.

3. The parties, their representatives and those who direct them, as well as witnesses and experts, may use the language which is also official in the Autonomous Community on whose territory the judicial proceedings take place, in both oral and oral manifestations. as written.

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. The translation shall be carried out on its own initiative if it has effects outside the jurisdiction of the judicial bodies in the Autonomous Community, except in the latter case, in the case of Autonomous Communities with a matching official language, by the Judge's term of office or at the request of a party who claims to be defenseless.

5. In oral proceedings, the Judge or Court may enable any person who is aware of the language used, prior oath or promise, to be an interpreter.

Article two hundred and thirty-two

1. Court proceedings shall be public, with exceptions to the laws of procedure.

2. Exceptionally, for reasons of public policy and the protection of rights and freedoms, the Judges and Courts may, by means of a reasoned decision, limit the scope of the advertising and agree on the secret character of all or part of the actions.

Article two hundred and thirty-three

The deliberations of the Courts are secret. It will also be the result of the votes, without prejudice to the provisions of this Law on the publication of the particular votes.

Article two hundred and thirty-four

The Secretaries and competent staff of the Julivers and Courts shall provide the persons concerned with information as to the status of the proceedings, which they may examine and know, unless they are or have been declared secret in accordance with the law. In the same cases, the testimonies that are requested shall be issued, with the expression of the recipient, except in cases where the law provides otherwise.

Article two hundred and thirty-five

Interested parties will have access to books, files, and court records that are not reserved in character, through the forms of display, testimony, or certification that the law establishes.

Article two hundred and thirty-six

1. The disclosure of the edicts shall be deemed to be fulfilled by the insertion, as appropriate, in the 'Official Bulletins' indicating the procedural laws.

2. Publication in any other medium may be agreed upon request and at the cost of the party requesting it.

CHAPTER II

Procedural momentum

Article two hundred and thirty-seven

Unless otherwise provided by law, the court shall give the process the appropriate course of office to the process, giving to the effect the necessary supplies.

CHAPTER III

From the nullity of court acts

Article two hundred and thirty-eight

Judicial acts will be null and void in the following cases:

1. º When they occur with manifest lack of jurisdiction or objective or functional competence.

2. º When performed under violence or under rational and founded intimidation of an imminent and serious evil.

3. Where the essential procedural rules laid down by law or with infringement of the principles of hearing, assistance and defence are totally and completely dispensed with, provided that it has actually been produced defenselessness.

Article two hundred and thirty-nine

The Judges or Courts whose performance would have been produced by intimidation or violence, as soon as they are free from it, will declare void everything practiced and promote the formation of cause against the guilty.

Article two hundred forty

1. Nullity of full rights, in any event, and defects in the form of procedural acts involving the absence of the essential requirements to achieve their end or to determine effective defensiveness, shall be enforced by means of the established in the law against the resolution in question or by the other means that establish the procedural laws.

2. Without prejudice to this, the Judge or Court may, of its own motion before the final judgment has been given, and provided that the remedy does not proceed, to declare, after hearing the parties, the nullity of all proceedings or of any of the particular.

Article two hundred and forty-one

Judicial actions taken outside of established time may only be cancelled if the nature of the term or term is imputed.

Article two hundred and forty-two

1. The nullity of an act shall not imply that of any successive act which is independent of that act or of those whose content has remained unchanged even if the infringement which gave rise to the nullity has not been committed.

2. The nullity of part of an act shall not imply that of the other acts of the act which are independent of that act.

Article two hundred and forty-three

The acts of the parties that lack the requirements required by the law will be subsable in the cases, conditions and deadlines provided for by the procedural laws.

CHAPTER IV

From the court rulings

Article two hundred and forty-four

1. Decisions of the Courts where they are not constituted in a Chamber of Justice, those of the Chambers of Government and those of the Judges and Presidents when they are of a governmental nature shall be called agreements.

2. The same name shall be given to the warnings and corrections which shall be imposed on persons who are subject to disciplinary jurisdiction in the judgments or in other legal acts.

Article two hundred and forty-five

1. Decisions of Judges and Courts which are of a jurisdictional nature shall be referred to as:

a) Providencies, when they are intended for material sorting of the process.

(b) Autos, when they decide on appeals against provindentias, incidental questions, procedural budgets, nullity of the procedure or when, under the laws of prosecution, they must take this form.

c) Sentences, when they definitively decide on the suit or cause in any instance or resort, or when, according to the procedural laws, they must take this form.

2. Sentences may be issued in a live voice when permitted by law.

3. It is firm judgments against which no recourse is made, except for the review or other extraordinary actions established by law.

4. Call it enforceable the public and solemn document in which a firm sentence is entered. The executors will head on behalf of the King.

Article two hundred and forty-six

In cases where the law directs the Secretary to formulate a motion for a resolution, the Judge may adopt the "compliant" modality or issue the resolution as appropriate.

Article two hundred and forty-seven

Judicial decisions that are orally issued and must be documented in the oral proceedings, hearings of the proceedings or causes and other solemn acts shall include the basis to which it applies.

Article two hundred and forty-eight

1. The formula of the providences shall be limited to the determination of the order and of the Judge or Tribunal that has them, without any more foundation or additions than the date on which they are agreed, the signature or signature of the Judge or President and the signature of the Registrar. However, they may be succinctly motivated without any requirement when deemed appropriate.

2. The cars will always be founded and will contain in separate and numbered paragraphs the facts and the legal reasoning and, finally, the dispositive part. They shall be signed by the Judge, Magistrate or Magistrates who dictate them.

3. The judgments shall be made by expressing, after a heading, in separate and numbered paragraphs, the facts of fact, facts proven, where appropriate, the grounds of law and, finally, the judgment. They shall be signed by the Judge, Magistrate or Magistrates who dictate them.

4. When the decision is notified to the parties, it shall be indicated whether or not the decision is final and, where appropriate, the resources to be brought, the body to which they must be brought and the time limit for this.

CHAPTER V

From view, vote, and fail

Article two hundred and forty-nine

The views of the cases shall be indicated by the order of their conclusion, unless otherwise provided in the Law.

Article two hundred and fifty

It will be up to the Presidents of the Chamber and the Section to point out the views or the equivalent procedure and the beginning of the sessions of the oral trial.

Article two hundred and fifty-one

1. The Judge or the rapporteur shall have at his disposal the orders to deliver judgment or decision-making decision-making or appeals.

2. The President and the Magistrates will be able to examine the cars at any time.

Article two hundred and fifty-two

1. After the view of the cars, suits or causes or from the day indicated for the vote and judgment, it may be possible for any of the Magistrates to ask them for their study.

2. Where they are requested by several, it shall fix the time limit for each of them, so that the sentences may be handed down within the time prescribed for that purpose.

Article two hundred and fifty-three

Cars and judgments shall be deliberated and voted upon immediately after the hearings and, where this cannot be done, the President shall indicate the day on which they are to be voted, within the time limit set for the adoption of the resolution.

Article two hundred and fifty-four

1. The vote, in the opinion of the President, may take place separately on the various statements of fact or law to be made, or part of the decision to be taken.

2. The rapporteur and then the other magistrates shall vote in the reverse order of their seniority. The one I chair will vote last.

3. The vote will not be interrupted but in case of force majeure.

Article two hundred and fifty-five

1. Orders and judgments shall be delivered by an absolute majority of votes, unless the law expressly states a greater proportion.

2. In no case may a certain number of compliant votes be required to alter the majority rule.

Article two hundred and fifty-six

When a Magistrate is transferred or retired, he shall vote for the pleites whose hearing has been attended and who have not yet failed.

Article two hundred and fifty-seven

1. If after the hearing and before the vote any Magistrate will become unable and unable to attend the event, he will give a well-founded and signed vote and forward it directly to the President.

2. If you cannot write or sign, you will extend it to a Clerk of the Chamber.

3. The vote thus issued will be joined to the others and will be retained, initialled by the one I chair, with the book of judgments.

4. When the person is unable to vote or even in this way, the case or the case will be voted on for non-orders that have been attended by the court and, if necessary to form a majority, these will dictate the judgment.

Article two hundred and fifty-eight

When there are not enough votes to constitute the majority required by Article 255, the matter will be again seen, replacing the prevented, separated or suspended in the form set forth in this Law.

Article two hundred and fifty-nine

The sentences will be signed by the Judge or by all non-placed Magistrates within the time limit set to dictate them.

Article two hundred sixty

1. Anyone who takes part in the vote on a final judgment or order shall sign the agreement, even if the majority is disent; but may, in this case, announce it at the time of the vote or in the time of the signature, to make a special vote, in form of judgment, in which the points of fact and grounds of law of the Court of Justice with which it is satisfied may be accepted, by reference.

2. The particular vote, with the signature of the author, shall be incorporated in the book of judgments and shall be notified to the parties together with the judgment approved by a majority. Where, in accordance with the law, the publication of the judgment is required, the particular vote, if any, shall be published next to it.

3. A particular vote may also be taken, subject to the provisions of the preceding paragraph, as applicable, in respect of the decision-making cars of incidents.

Article two hundred and sixty-one

When, after a court case has failed, any Magistrate of those who voted and cannot sign, the one who presided over the Tribunal shall be unable to do so by him, expressing the name of the one by whom he signs and then the words "vote in Sala and could not sign".

Article two hundred and sixty-two

1. When voting on a judgment or order does not result in a majority of votes on any of the statements of fact or of the right to be made, the points in which the voters have disaffected will be discussed again and voted.

2. If no agreement is reached, the discord will be resolved by holding a new hearing, with the judges attending the first, increasing two more, if the number of the discordant ones has been to go unpunished, and three in the case of have been par. First of all, the President of the Chamber, if he has not already attended; secondly, the Magistrates of the same Chamber who have not seen the case; third, the President of the Hearing, and, finally, the Magistrates of the other Chambers, with preference to those of the same court.

Article two hundred and sixty-three

1. The one to preside over the Discord Room will make the pointing of the views of discord and appropriate designations.

2. Where, in the vote on a judgment or order by the Chamber of Discord or, where appropriate, by the plenary session of the Chamber, no majority shall be held on the points of order, a new vote shall be taken, subject only to the two opinions which have been obtained the highest number of votes in the preceding one.

Article two hundred and sixty-four

1. The Magistrates of the various Sections of the same Chamber will meet for the unification of criteria and the coordination of procedural practices. The meetings shall be convened by the President of the Chamber, by itself, at the request of the majority of the Magistrates, as well as in other cases established by the Law. They shall be chaired by the President of the Chamber.

2. In any case, the independence of the Sections for the prosecution and resolution of the different processes of their knowledge will remain safe.

Article two hundred and sixty-five

In each Court or Court, a book of judgments shall be held, in the custody of the Registrar, in which all the final, equal-character orders and the special votes to be signed shall be signed. formulated, which will be ordered correlatively according to your date.

Article two hundred and sixty-six

1. The judgments, once extended and signed by the Judge or by all the Magistrates who have given them, shall be deposited with the Secretariat of the Court or Tribunal and any interested party shall be allowed access to the text of the judgments.

2. The Secretaries may in the autos be the literal certification of the judgment.

Article two hundred and sixty-seven

1. The Judges and Courts shall not be able to vary the final judgments and orders they make after they have been signed, but if they clarify any obscure concept or supplement any omission they contain.

2. Manifest material errors and arithmetic may be rectified at any time.

3. Such clarifications or corrections may be made on their own initiative within the working day following the publication of the judgment, or at the request of a party or of the Prosecutor's Office within two days of the date of the notification, in this case settled by the court within the day following that of the submission of the document in which the clarification or rectification is requested.

CHAPTER VI

The place in which the performances should be practiced

Article two hundred and sixty-eight

1. Court proceedings must be conducted at the seat of the court.

2. By way of derogation from the foregoing paragraph, the Courts and Tribunals may be constituted anywhere in the territory of their jurisdiction for the practice of such jurisdiction, where necessary or appropriate for the proper administration of justice.

Article two hundred and sixty-nine

1. The Courts and Courts may only hold trials or hearings of matters outside the population of their headquarters when the law so authorizes.

2. However, the General Council of the Judiciary, when the circumstances or the good service of the Administration of Justice advises, and at the request of the Court or Court, may provide that the Courts and the Sections or Chambers of the Courts o Audiences are constituted in a different population of their headquarters to dispatch the cases corresponding to a certain territorial scope understood in the constituency of those.

CHAPTER VII

Of the notifications

Article two hundred and seventy

Measures of ordination, providences, orders and judgments shall be notified to all parties to the proceedings or to the case, and also to those who refer to or may be liable for damages, where this is expressly provided for in those resolutions, in accordance with the Law.

Article two hundred and seventy-one

Notifications may be made by mail, telegraph, or any technical means which permits the constancy of his or her practice and the essential circumstances of the practice as determined by the laws of procedure.

Article two hundred and seventy-two

1. In the case of the populations in which several Courts exist and the whole of the judicial activity justifies it, a common service of the Decanate may be established for the practice of the notifications to be made by those.

2. A local notification system may also be established for the various Courts and Tribunals of the same population, even if they are of a different court order. In this case, the College of Attorneys will organize a service to receive the notifications that could not be made at that common premises due to the failure of the Attorney General to be notified. Receipt of notification by this service will have full effect.

3. In addition, General Registry services may be established for the submission of documents or documents addressed to courts.

CHAPTER VIII

From jurisdictional cooperation

Article two hundred and seventy-three

The Judges and Courts shall cooperate and assist each other in the exercise of the judicial function.

Article two hundred and seventy-four

1. Judicial cooperation shall be sought if a diligence is to be conducted outside the jurisdiction of the Court or tribunal which has ordered it or is the subject of the specific jurisdiction of another Court or Court.

2. The request for cooperation, whatever the Court or Court to which it is addressed, shall always be made directly, without giving rise to transfers or reproductions through intermediate bodies.

Article two hundred and seventy-five

However, the Judges may carry out any proceedings of criminal instruction rather than in the territory of their jurisdiction, when the same shall be forthcoming and this shall be appropriate, giving immediate notice the competent Judge. The Judges and Courts of other courts may also be able to take action or evidence outside the territory of their jurisdiction where the jurisdiction of the relevant Judge is not prejudiced and is justified for reasons of reasons. of procedural economics.

Article two hundred and seventy-six

Requests for international cooperation will be raised through the President of the Supreme Court, the High Court of Justice or the Court of Justice, which will make them reach the authorities. competent of the requested State, either through the consular or diplomatic route or directly if provided for in the international treaties.

Article two hundred and seventy-seven

The Spanish Courts and Courts shall provide the foreign judicial authorities with the cooperation they request for the performance of their judicial function, in accordance with the provisions of the treaties and conventions. in which Spain is a party and, failing that, on the basis of reciprocity as provided for in the following Article.

Article two hundred and seventy-eight

1. If the existence of reciprocity is credited or offered by the requesting foreign judicial authority, the provision of international cooperation will only be denied by the Spanish Courts and Courts:

1. º When the process of the application for cooperation is the exclusive competence of the Spanish jurisdiction.

2. When the content of the act to be carried out does not correspond to the privileges of the requested Spanish judicial authority. In such a case, it shall forward the application to the competent judicial authority, informing the requesting authority thereof.

3. When the communication containing the request for cooperation does not meet the requirements of sufficient authenticity or is written in a language other than Spanish.

4. º When the object of the requested cooperation is manifestly contrary to the Spanish public order.

2. The determination of the existence of reciprocity with the requesting state shall be the responsibility of the Government, through the Ministry of Justice.

TITLE IV

From the judicial and documentation public faith

CHAPTER I

Of the functions attributed to the Secretaries

Article two hundred and seventy-nine

1. The actions of the Secretaries in the course of the judicial proceedings shall be referred to as minutes, proceedings and notes.

2. They may also issue certified copies or testimonials of the non-secret legal proceedings or reserved to the parties concerned and under their responsibility, subject to the provisions of the laws.

3. The Secretaries shall also be responsible for the practice of notifications and other acts of communication and judicial cooperation in the manner that the Laws determine.

Article two hundred and eighty

1. The minutes are intended to record the conduct of a procedural act or a fact of procedural importance.

2. The proceedings may be of constancy, management, communication or execution.

3. The notes may be of reference, summary of the file and examination of the procedure to which they relate.

Article two hundred and eighty-one

1. The Registrar is the only official competent to give full faith in the effects of the proceedings, and the right to provide documentation in the exercise of his duties, bearing the authority's character.

2. The fullness of the public faith in the acts in which the Secretary is exercised does not require the additional intervention of witnesses.

3. The representation in judgment may be conferred in all proceedings by appearance before the Registrar of the Court or Tribunal which is to hear the case.

Article two hundred and eighty two

1. By way of derogation from the foregoing Article, the Secretaries may enable one or more officers to authorize the minutes to be performed in the presence of a judicial presence, as well as the proceedings of constancy and communication.

2. Such ratings shall remain as long as they are not revoked; the responsibility for the authenticity of the acts or acts shall be borne by the authorising officer.

CHAPTER II

From the account of the account and the preservation and custody of the cars

Article two hundred and eighty-three

1. The Secretaries shall take steps to record the day and time of the filing of the proceedings, the written initiation of the proceedings, and of any others whose filing is subject to a period of time.

2. In any event, the receipt of the written documents and documents shall be given with the expression of the date and time of filing.

Article two hundred and eighty-four

1. The Secretaries shall give the Chamber, the rapporteur or the Judge, in each case, the documents and documents submitted on the same day as their presentation or the following working day.

2. The same shall apply in respect of minutes which have been authorised outside the judicial presence.

Article two hundred and eighty-five

They shall also account, on the following working day, of the course of the procedural time-limits and of the orders that have been taken for any decision, except where the order of procedure corresponds to them.

Article two hundred and eighty-six

1. The statement of account shall be made orally, by the order of submission of the letters or by the order of the respective cars, without any other precedence than that of which they are urgent or have a recognized preference for the Law.

2. Where appropriate, it shall be documented by diligence and, where appropriate, accompanied by a proposal for a resolution.

Article two hundred and eighty-seven

It shall be up to the Secretaries to take the books and the file and to preserve the performances, except that in this or other law the Judges or Presidents are entrusted.

CHAPTER III

Of the measures of ordination and the motions for resolutions

Article two hundred and eighty-eight

In the Courts and Courts it will be up to the Secretaries to issue the measures of ordination, which will have the object of giving to the cars the course ordered by the law and to formally promote the procedure in their various formalities compliance with the procedural laws, and shall be limited to the expression of what is available under the name of the Secretary who dictates them, the date and the signature of the latter.

Article two hundred and eighty-nine

Ordination proceedings shall be reviewed by the Judge or the Rapporteur, either on his own initiative or at the request of a party, in the cases and manner provided for in the procedural laws.

Article two hundred and ninety

It shall be for the Registrar to propose to the Judge or Tribunal the resolutions which, in accordance with the law, must be in the form of providence or order, including final orders in matters of voluntary jurisdiction, while not Contest is raised. It is the exception of the providences in which the measures of ordination and the decision-making orders of incidental or resolvable questions of resources, processing or the limits of rights are reviewed.

Article two hundred and ninety-one

The proposals referred to in the previous article will be subject to the requirements prescribed in this Law for the judicial resolution to be delivered, by subscribing to the Proposer Secretary.

TITLE V

From the State's patrimonial responsibility for the functioning of the Administration of Justice

Article two hundred and ninety-two

1. Damages caused in any property or rights by judicial error, as well as those resulting from the abnormal functioning of the Administration of Justice shall give all the injured right to an indemnity in charge of the state, except in cases of force majeure, in accordance with the provisions of this Title.

2. In any event, the alleged damage shall be effective, economically and individually evaluable in relation to a person or group of persons.

3. The mere revocation or annulment of judgments does not, in itself, presuppose the right to compensation.

Article two hundred and ninety-three

1. The claim for compensation for error shall be preceded by a judicial decision expressly recognising it. This decision may result directly from a judgment given under review appeal. In any other case other than this, the following rules apply:

(a) The judicial action for the recognition of the error shall be inexcusably instated within three months from the day on which it was exercised.

(b) The claim for a declaration of error shall be deducted from the Supreme Court's Chamber corresponding to the same court order as the body to whom the error is attributed, and if it is attributed to a Chamber or Section of the Court The jurisdiction shall be the same as the Chamber referred to in Article 61. In the case of organs of military jurisdiction, jurisdiction shall be the responsibility of the Second Criminal Court of the Supreme Court.

(c) The procedure for substantiating the claim will be the same as the review facility in civil matters, in any case being parties, the Fiscal Ministry and the State Administration.

(d) The Court shall give final judgment, without further appeal, within a period of 15 days, with a prior report of the court to whom the error is attributed.

e) If the error is not appreciated the costs will be imposed on the petitioner.

(f) The declaration of error shall not be made against the court judgment against which the resources provided for in the order were not previously exhausted.

g) The mere request for a declaration of the error shall not prevent the execution of the judicial decision to which it is charged.

2. Both in the case of a judicial error declared and in the event of damage caused by the abnormal functioning of the Administration of Justice, the person concerned shall direct his or her compensation request directly to the Ministry of Justice, in accordance with the rules governing the state's liability. Against the judgment in the case of administrative proceedings. The right to claim compensation will be prescribed for the year, from the day you were able to exercise.

Article two hundred and ninety-four

1. They shall be entitled to compensation who, after having been held in custody, has been acquitted for not having been charged or for the same cause has been issued with a free release, provided that they have been irrogated damages.

2. The amount of the compensation shall be determined on the basis of the time of deprivation of liberty and the personal and family consequences that have occurred.

3. The compensation claim shall be processed in accordance with the provisions of paragraph 2 of the previous Article.

Article two hundred and ninety-five

In no case shall there be any compensation where the judicial error or the abnormal functioning of the services is caused by the wronged or culpable conduct of the injured party.

Article two hundred and ninety-six

The state shall also be liable for damages arising out of the intent or serious fault of the Judges and Magistrates, without prejudice to the right to repeat against them by the channels of the declarative process that corresponds to them. before the competent Court. These processes will always be part of the Fiscal Ministry.

Article two hundred and ninety-seven

The provisions of the foregoing articles shall not preclude the requirement of civil liability from the Judges and Magistrates, by individuals, in accordance with the provisions of this Law.

BOOK IV

OF THE JUDGES AND MAGISTRATES

TITLE I

From the Judicial Race and the provision of targets

CHAPTER I

From the Judicial Race

Article two hundred and ninety-eight

1. The Judges and Magistrates who form the Judicial Race will exercise the judicial functions in the Courts and Courts of every order that regulates this Law.

2. They also have judicial functions without belonging to the Judicial Career, subject to the regime established in this Law, without a professional character and with temporary immobility, the alternate Magistrates, those who serve as Judges in a temporary provision or as a substitute, the Judges of Peace and their substitutes.

Article two hundred and ninety-nine

The Judicial Career consists of three categories:

-Magistrate of the Supreme Court.

-Magistrate.

-Judge.

Article three hundred

The General Council of the Judiciary will approve every three years, at most, and for minor periods when necessary, the escalation of the Judicial Race, which will be published in the "Official Gazette of the State," and will include the personal and professional data to be regulated.

CHAPTER II

From income and promotion in the Judicial Race

Article three hundred one

1. The entry into the Judicial Race by the category of Judge will be produced by the overcoming of free opposition and the tests carried out in the Center of Judicial Studies, prior to the convocation of the vacant places and an additional number that allow new ones to be handled until the next call.

2. For each call, a third of the seats will be reserved for jurists of recognized competence, who by merit contest will access directly to the Center of Judicial Studies.

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

4. In all cases it will be required not to be in any of the causes of incapacity or incompatibility established by this Law.

Article three hundred two

1. In order to attend the opposition free of access to the Center of Judicial Studies, 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.

Article three hundred three

They are incapacitated for the entry into the Judicial Career of physically or mentally imordered for the judicial function; those convicted of criminal mischief while they have not obtained the rehabilitation; those who have been indicted or indicted for their crimes. In the case of a criminal offence, as long as they are not acquitted or self-effacing, and those who are not in the full exercise of their civil rights.

Article three hundred four

The Tribunal for Access to the Center for Judicial Studies will be chaired by the Chief Justice or Chief Justice of the Supreme Court in which it delegates, and will be vocal: a Magistrate, a Prosecutor, two Catedratitics University of different Legal disciplines, a practicing lawyer and a State Letrate who will act as Secretary.

Article three hundred five

The Court will be appointed by the General Council of the Judiciary. The Professors will be proposed by the Council of Universities; the State Letrate, by the Minister of Justice; the Advocate, by the General Council of the Advocate, and the Prosecutor, by the Attorney General of the State.

Article three hundred six

1. The rules governing access to the Centre for Judicial Studies, exercises and programmes shall be approved by the Minister of Justice, the General Council of the Judiciary and the Centre itself.

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

Article three hundred seven

1. Applicants who have passed the opposition or the contest will pursue a course at the Centre for Judicial Studies and will conduct practices in a court.

2. Those who pass the course and the practices will be appointed Judges in the order of the proposal made by the Center for Judicial Studies.

3. The appointment will be extended by the General Council of the Judiciary, by order, and with the inauguration will be vested with the condition of Judge.

Article three hundred eight

In no case will you be able to exceed the course of the Judicial Studies Center a number of aspirants superior to that of vacancies effectively existing in the Judicial Race at the time of the end of the one.

Article three hundred nine

1. Those who do not pass the course will be able to repeat it in the next one, which they will join with the new promotion.

2. If they do not overlap this course, they will definitely be excluded and declared in the expectation of entry into the Judicial Career derived from the access tests that they have approved.

Article three hundred ten

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

Item three hundred eleven

1. Of each four vacancies in the category of Magistrates, two shall be provided with the Judges who shall occupy the first place on the ladder within this category; the third, by means of selective evidence in the jurisdictional orders civil and criminal law, and specialization in the administrative and social disputes between Judges; and the fourth, by contest, between jurists of recognized competence and with more than ten years of professional exercise.

2. In the first two cases it will be necessary for all to have served three years of effective service as Judges.

3. Those who agree to the category of Magistrate without prior to the Judicial Race shall be incorporated immediately following the last Magistrate who has ascended to this category.

4. Vacancies that are not covered by this procedure will increase the shift of selective and specialization tests, if they are convened or, in another case, to seniority.

Item three hundred twelve

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 Center of Judicial Studies and will tend to appreciate the conditions of maturity and legal formation of applicants, 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.

2. The evidence for the promotion of the category of Judge to that of a specialist in the field of administrative and social matters shall also have to be assessed, in particular, to those who are themselves of each court order.

3. The rules governing these tests, the exercises and, where appropriate, the programs will be approved by the General Council of the Judiciary, heard by the Center for Judicial Studies.

Article three hundred thirteen

1. In order to resolve the competitions between jurists of recognised competence referred to in Article 301 (2) and (3) and Article 311 (3), the Ministry of Justice shall, at the time of convening, approve and publish the relevant bases, in which the score of the merits that can be obtained in the applicants will be graduated, according to the following scale:

(a) Titles and academic degrees obtained in relation to legal disciplines.

(b) Years of service in relation to legal disciplines in the body of provenance or in the profession that it exercises.

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 practice of law.

2. In the assessment of the related merits, no scores may be established which alone exceed more than two of the remaining ones.

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

4. The professional working time of the candidates who have exercised the law shall be accredited by certification of the General Council of the Advocate, in which the incidents of disciplinary character which have been affected the candidate during his or her professional practice.

5. In order to assess the merits referred to in the first paragraph of this Article which have been adduced by the applicants, the Court may call on the applicants to hold an individual interview for a maximum duration of one hour, in which the discuss the above merits.

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

Article three hundred fourteen

The Court of Selective Evidence, as provided for in Article 312, shall be appointed by the General Council of the Judiciary and shall be composed in the manner provided for in Article 304. Category of specialist Magistrate of the administrative and social litigation, will be the one established in the indicated article, although its members will be chosen among specialists in Public or Labor Law, respectively.

Article three hundred fifteen

The competitions and competitions to fill the vacancies of the Judicial Career of the Secretary and the rest of the staff in the service of the Administration of Justice shall be convened, at the request of the Autonomous Community in whose field the vacancies are produced by the competent body and in accordance with the provisions of this Law.

CHAPTER III

The appointment and possession of the Judges and Magistrates

Article three hundred sixteen

1. The Judges shall be appointed, by Order, by the General Council of the Judiciary.

2. The Magistrates and the Presidents shall be appointed by Royal Decree, on a proposal from the said Council.

3. The presentation to Royal Decree will be made by the Minister of Justice, who will endorse the appointment.

Article three hundred seventeen

1. The appointments shall be forwarded to the President of the Court or Hearing to whom the appointment is to be given or sent to the appointed.

2. It shall also be communicated to the latter and to the Presidents of the Court or Hearing of their previous destination.

3. Where the Presidents of the Chamber and the Section or Judges cease to be appointed for another position, they shall draw up a statement of reasons for the cases pending in the respective body, including the date of their initiation and the status of the in which they are found, sending a copy to the President of the Court or the Hearing.

4. Upon taking possession, the new holder of the organ will examine the boast elaborated by the former, subscribing to it in case of conformity.

Article three hundred eighteen

1. Members of the Judicial Race shall, before the first destination, be sworn in, the following oath or promise:

" I swear (or promise) to keep and keep faithfully and at all times the Constitution and the rest of the legal order, loyalty to the Crown, administer straight and impartial justice and fulfill my judicial duties against all. "

2. The same oath or promise will be given before the first destination becomes a post-season that implies promotion of the category in the race.

Article three hundred nineteen

1. The Presidents, Magistrates and Judges shall be present to take possession of their respective positions within twenty calendar days of the date of publication of their appointment in the "Official State Gazette". For those destined for the same population in which the position was served, the period shall be eight days. Those who are to swear or pledge the charge shall take possession within three days of the oath or promise.

2. The General Council of the Judiciary will be able to extend such deadlines, mediating just cause.

Article three hundred twenty

1. The inauguration of the President, Presidents of Chambers and Magistrates of the Courts and Audits shall be held in public hearing before the Chamber of Government of the Court to which they are intended or before that of the High Court of Justice in the Community. Corresponding stand-alone.

2. The Magistrates of the Supreme Court and the High Courts of Justice who were appointed without having previously belonged to the Judicial Race, in the same act of their inauguration before the respective Chambers of Government, shall provide the oath or promise in the terms provided for in Article 318.

Article three hundred and twenty-one

1. The Judges shall take the oath or promise, where appropriate, before the Chamber of Government of the Court or Hearing to which the Court for which they have been appointed belongs, and also in public hearing.

2. The possession shall be in the Court of justice to which they are assigned, in public hearing and with the assistance of the staff of the Court. The Judge who is exercising the jurisdiction shall give the possession.

Article three hundred twenty-two

1. The one who will refuse to take oath or promise or without fair cause will cease to take possession will be understood to resign from office and the Judicial Race.

2. The President of the Court or Hearing shall give an account to the General Council of the oath or promise and possession or, where appropriate, of the passage of time without doing so.

Article three hundred and twenty-three

1. If there is a fair impediment to the lack of presentation, the waiver may be rehabilitated. The rehabilitation shall be agreed by the General Council, at the request of the person concerned.

2. In such a case, the rehabilitated shall be required to take the oath or promise and to post office within the period prescribed for him, which may not exceed half of the normal period.

3. If the place to which it is intended has been covered, it shall be assigned to the place of its choice, of those corresponding to its category and for which it meets the legal conditions which have been declared to be in the contest. In another case, it will be enforced.

CHAPTER IV

From the Judges and Magistrates ' Honours and Treatments

Article three hundred twenty-four

The President and the Magistrates of the Supreme Court, the President of the National Court and those of the Supreme Courts have the treatment of excellence. The Presidents of the Provincial Hearings and other Magistrates, of illusory sense. The Judges, that of the senory.

Article three hundred and twenty-five

In the acts of trade, the Judges and Magistrates may not receive further treatment than the one corresponding to their effective employment in the Judicial Career, even if they have superior in different career or other titles.

CHAPTER V

From the provision of places in the Courts, in the Audiences and in the High Courts of Justice

Article three hundred and twenty-six

The provision of judicial career destinations shall be made by contest, in the manner determined by this Law, except those of the Presidents of the Audiences, the Supreme Courts of Justice and the National Court, and the Presidents of Chambers and Magistrates of the Supreme Court.

Article three hundred and twenty-seven

1. The elected representatives shall not be present, nor shall they be met in a situation provided for in this Law which prevents them.

2. The Judges and the Judges may not be present, nor shall they be allowed to take the time to be determined, which shall not be less than one year, at the time of their voluntary access.

Article three hundred and twenty-eight

The Law that establishes the plant will determine the criteria for classifying the Courts and establishing the category of those who should serve them.

Article three hundred twenty-nine

1. The competitions for the provision of the Courts will be resolved in favor of those who, having the necessary category, have better place in the ladder.

2. The competitions for the provision of the Courts of the Administrative and Social-Administrative and the Social will be resolved in favor of those who, having the category of Magistrate specialized in that court order, have better place in the ladder. Failing that, they shall be covered by the Magistrates who have provided at least five years of service in the administrative or social litigation order; and in the absence of such services, as provided for in the general rule of paragraph 1.

3. For the provision of the Child Courts, the general rule set out in the first paragraph of this article will apply, although preference will be given to those who credit the corresponding specialization in the Center for Judicial Studies, according to determine regulentarily.

Article three hundred thirty

1. The competitions for the provision of the Magistrates ' places of the Chambers or Sections of the National Court, the High Courts of Justice and the Audiences will be resolved in favor of those who, having the necessary category, have better position on the scale.

2. In each Chamber or Section of the Administrative and Social Affairs, one of the places shall be reserved to the Magistrate in question in such a judicial order, with the preference of the one who is best placed at the level. If the Chamber or Section is composed of five or more Magistrates, the number of places covered by this system shall be two.

3. In the Civil and Criminal Chamber of the High Courts of Justice, one out of every three places will be covered with a jurist of recognized prestige with more than ten years of professional exercise in the Autonomous Community, appointed on a proposal of the Council General of the Judiciary on a Terna presented by the legislative assembly; the remaining places will be covered by Magistrates appointed on a proposal of the General Council of the Judiciary among those who will take five years in the category and have special knowledge in civil law, formal or special, of the Autonomous Community itself.

Article three hundred and thirty-one

1. Those who agree to a High Court of Justice without prior to the Judicial Race shall do so for the sole purpose of providing services in the Court, without being able to opt or be appointed for a different purpose, except for their possible promotion to the Supreme Court, by the turn of lawyers and other jurists of recognised competence referred to in Article 343.

2. All other effects will be considered members of the Judicial Race.

Article three hundred and thirty-two

Those who ascend to the category of Magistrate by selective testing with specialization in the administrative or social litigation order, will retain the rights to participate in places of other jurisdictional orders, according to with its antiquity in the common scale. To occupy a place of your specialty, only the time played in this place will be computed.

Article three hundred and thirty-three

1. The seats of the section president of the National Court, the Superior Courts of Justice and the Audiences will be provided by contest that will be resolved in favor of those who, having the category of Magistrate, have better place in the scalafon. The same system shall provide the chairs of the Chamber in the High Courts of Justice.

2. Preference shall be given to those who have provided five years of service in the relevant court order.

3. Such Presidencies may not be granted access to such Presidencies who are subject to disciplinary disciplinary proceedings for serious or very serious misconduct, the record of which has not been cancelled.

Article three hundred and thirty-four

Places that are vacant for lack of applicants will be provided by those who are promoted or promoted to the necessary category, according to the appropriate shift.

Article three hundred and thirty-five

1. The seats of Presidents of Chambers of the National Court will be provided, on a proposal from the General Council of the Judiciary, with Magistrates of the Supreme Court or with those who are promoted to this category.

2. The Presidency of the National Court will be provided by the General Council of the Judiciary, for a period of five years, between Magistrates of the Supreme Court, with three years of services provided in the category, which meet the conditions of the Supreme Court. for the charge.

Article three hundred and thirty-six

The Presidents of the Provincial Hearings will be appointed for a period of five years, on a proposal from the General Council of the Judiciary, among the judges who request it, among those who have been serving ten years in the the Race.

Article three hundred and thirty-seven

1. The Presidents of the High Courts of Justice shall be appointed for a period of five years, on a proposal from the General Council of the Judicial Branch between Magistrates who have served ten years of service in the category, and carry, at least, twenty years belonging to the Judicial Race.

2. The appointment of a President of a High Court of Justice shall have effect from its publication in the "Official Gazette of the State", without prejudice to the mandatory publication in the "Official Gazette of the Autonomous Community".

Article three hundred and thirty-eight

The Presidents of the National Court, the High Courts of Justice and the Audiences shall cease for any of the following reasons:

1. The expiration of their term of office, unless they are confirmed in office for successive periods of five years.

2. Resignation, accepted by the General Council.

3. º By resolution agreed on disciplinary record.

Article three hundred and thirty-nine

The President of the National Court will be left, when he is in office, assigned to the Supreme Court until he obtains a place in the Supreme Court.

Article three hundred forty

The Presidents of the High Courts and the Provincial Hearings who will cease to be in office will continue to be active and will be assigned, at their choice, to the Tribunal or Hearing in which they cease or they shall, and shall be intended to fill the first vacancy in the Hearing or Court, to which they are attached if they do not obtain another place of their application in advance.

Article three hundred and forty one

1. For the provision of the seats of President of the Supreme Courts of Justice and of the Audiences, in those Autonomous Communities that enjoy Special Civil Law or Foral, as well as of its own official language, the General Council of Power The Court of Justice will assess the specialisation of these Special Civil Rights or the Community's own language as a merit.

2. The criteria for assessment of the knowledge of the language and of the Special Civil Law or the Föral of the Autonomous Communities will be determined, as a preferential merit in the competitions for the courts of their own territory.

CHAPTER VI

From the provision of seats in the Supreme Court

Article three hundred and forty two

The Presidents of the Chamber of the Supreme Court shall be appointed, on a proposal from the General Council of the Judiciary, among the Magistrates of the Supreme Court, who have three years of services in the category.

Article three hundred and forty-three

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 twenty in the Career, and the fifth among Lawyers and other jurists, all of whom are of recognized competence.

Article three hundred and forty-four

Of every four places reserved for the Judicial Race, they will correspond:

(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 jurisdictional orders and social. Only fifteen years in the race and five in the category will be required in this shift.

(b) Two to Magistrates who meet the general conditions for access to the Supreme Court as outlined in the previous article.

Article three hundred and forty-five

The lawyers and jurists of prestige may be appointed to the Supreme Court, who, in compliance with the conditions required to do so, 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 20 years, preferably in the branch of the law corresponding to the court order of the Chamber for which he was appointed.

Article three hundred and forty-six

When the number of Magistrates of a Chamber is not multiple of five, one more square is awarded to group b) of article 344; group a) of the same article; or the group of jurists of prestige, successively and in this order.

Article three hundred and forty-seven

Those who have access to the Supreme Court without prior to the Judicial Race will be incorporated into the ranks of the Supreme Court in the last position in the Supreme Court Magistrates ' category. Twenty years of service will be recognized for all purposes.

CHAPTER VII

From the situation of the Judges and Magistrates

Article three hundred and forty-eight

Judges and Magistrates can be found in any of the following situations:

1. Active service.

2. Special services.

3. Voluntary or forced leave.

4. Suspension.

Article three hundred and forty-nine

The Judges and Magistrates are in active duty when they occupy a place corresponding to the Judicial Race, they are pending the taking of possession in another destination or they have been conferred commission of service with temporary character.

Article three hundred and fifty

1. Committees of service may be conferred on Judges and Magistrates to participate in missions of international legal cooperation or to provide services in the Ministry of Justice, the General Council of the Judiciary or another Court of Justice or Court.

2. The service commissions shall have a maximum duration of six months and shall not be extendable, with the requirement for their granting, in addition to the prior agreement of the person concerned, the prevailing interest of the duly motivated service and the the hierarchical superiors of the places affected by the commission.

Article three hundred and fifty-one

Judges and Magistrates will move on to the special services situation:

(a) Where they are authorised to carry out a mission for more than six months in International Bodies, Governments or Foreign Public Entities or in international cooperation programmes.

(b) When they acquire the status of officials at the service of international or supranational bodies.

(c) When attached to the service of the Constitutional Court or the Ombudsman.

d) When they comply with military service or equivalent replacement provision.

Article three hundred and fifty-two

Special services shall be considered to be the Judge or Magistrate in which you have any of the following conditions:

(a) Where they are appointed as members of the Government or Government Councils of the Autonomous Communities.

(b) When appointed as President of the Supreme Court or State Attorney General.

(c) When elected by the General Courts to be part of the constitutional or other bodies whose election corresponds to the Chambers.

d) When they access the status of Deputy or Senator of the General Courts, or member of the Legislative Assemblies of the Autonomous Communities.

e) When they provide service by virtue of appointment by Royal Decree in the Presidency of the Government or in the Ministry of Justice.

Article three hundred and fifty-three.

1. Members of the Judicial Race in special services shall be counted on the time they remain in such situation for the purposes of promotions, seniority and passive rights, and shall be entitled to the reservation of place and place of destination (i) In all cases, they shall receive the remuneration of the post or effective charge they perform and not those which correspond to them as officials, without prejudice to the right to the perception of seniority which they may have recognised as civil servants.

2. The deputies, senators and members of the Legislative Assemblies of the Autonomous Communities who lose that condition by dissolution of the corresponding Chamber or termination of the mandate of the same, will be able to remain in the situation of special services, until their new constitution.

Article three hundred and fifty-four

1. The Judges and Judges who are appointed for political or non-permanent capacity shall communicate to the General Council of the Judiciary the acceptance or resignation of the position for which they have been appointed within eight months. days following the publication of the appointment in the "Official State Gazette" or the Autonomous Community.

2. The acceptance or taking of possession of the express charge shall automatically determine the status of the special services of the appointed person, with the application of the arrangements prescribed in Article 353.

Article three hundred and fifty-five

Without prejudice to Article 352 (2) (d), those who are in a situation of special services shall be incorporated in their place or to whom during this situation they would have obtained, within the period of 20 days, a count from the next to the end of the position or from the date of the license. If they do not do so, they will automatically switch to the situation of voluntary leave of interest.

Article three hundred and fifty-six

1. Forced leave shall be caused by the removal of the place from which the Judge or Magistrate is a holder, when it means the compulsory termination of the active service.

2. Forced surpluses shall enjoy the fullness of their economic rights and shall be entitled to the payment, for all purposes, of the time spent in that situation.

Article three hundred and fifty-seven

1. The members of the Judicial Career shall be declared in a situation of voluntary leave when they are in a situation of active service in a Body or Scale of Public Administrations or of the Fiscal Career, or they will be able to provide services. in public sector bodies or entities, and do not correspond to them in another situation.

2. Members of the Judicial Career shall be entitled to a period of voluntary leave of absence, not exceeding three years, to take care of each child's care from the date of birth of the child. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. When the parent and the parent work, only one of them can exercise this right.

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 three years of effective service have been completed since the Judicial Race has been granted or since the re-entry, and in it no more than ten years will be continued. Two years.

4. Members of the Judicial Race who wish to participate as candidates in general, regional or local elections must apply for voluntary leave. If they are elected to the office, they will pass on to the situation that is legally applicable to them in accordance with the requirements of this law; otherwise they will be able to apply for re-entry into the active service.

Article three hundred and fifty-eight

Members of the Judicial Career on a voluntary basis shall not pay remuneration or be computable for the time spent in such a situation for the purposes of promotions, seniority and passive rights.

Article three hundred and fifty-nine

1. The suspended Judge or Magistrate shall be temporarily deprived of the exercise of his duties.

2. The suspension may be provisional or final and shall take place in the cases and in the manner set out in this Law.

Article three hundred sixty

The provisional suspense will have the right to receive in this situation 75 per 100 of the basic remuneration and the totality of the remuneration for family reason. They will not be credited with any failure to appear or default.

Article three hundred and sixty-one

The time of provisional suspension of disciplinary proceedings shall not exceed six months, except in the case of a cessation of the person concerned. This shall determine the loss of any remuneration until the file is resolved.

Article three hundred and sixty-two

When the suspension is not declared final or the separation is agreed, the duration of the suspension will be computed as an active service and the immediate reinstatement of the suspense to its square will be agreed, with recognition of all economic and other rights that have taken place since the date on which the suspension took effect.

Article three hundred and sixty-three

1. The suspension shall be final when it is imposed on the basis of conviction or disciplinary sanction. The provisional suspension time shall be paid.

2. The final suspension, imposed as a sentence or a disciplinary sanction of more than six months, shall entail the loss of the destination, and the vacancy shall be covered in ordinary form.

3. In any event, the definitive suspension shall mean the deprivation of all the rights inherent in the condition of Judge or Magistrate until, if necessary, the suspension of the active service is reinstated.

Article three hundred and sixty-four

The return to the active service of the forced surpluses will be made in order of greater time in this situation, without the need of request of the interested party and in occasion of the first vacancy for which the conditions meet legal.

Article three hundred and sixty-five

1. The reentry of the surplus volunteers must be preceded by a request addressed to the General Council of the Judiciary.

2. The documents to be accompanied and the reports which, if appropriate, should be subject to the regulations, shall be laid down, depending on whether or not the voluntary leave is of particular interest.

Article three hundred and sixty-six

1. The submittens must definitely apply for re-entry into the active service within 10 days of the end of the suspension period. The period of this period without the person concerned applying for re-entry shall give rise to the declaration of voluntary leave in the interest of the person concerned, with effect from the date of the end of the period of suspension.

2. The documents to be accompanied and the reports to be requested shall be laid down.

Article three hundred and sixty-seven

The reentry of the surplus volunteers and their submittance will require a declaration of aptitude by the General Council, which will be adjusted to what is prevented in this law on conditions that must be met for the entry into the Judicial Race.

Article three hundred and sixty-eight

1. Those who have to re-enter the active service must participate in all competitions to be announced for the provision of seats in their category, until they obtain a property. If they do not do so, the fitness declaration will be void and, if not already in place, they will be declared in situations of voluntary leave of interest.

2. The forced surpluses will preferably be preferred, for one time, to fill the population where they served when the active service was stopped.

Article three hundred and sixty-nine

The concurrence of petitions for the award of vacancies, whatever the system of their provision, between those who must re-enter the active service, will be resolved by the following order of precedence:

1. Forced Surplus.

2. º Susdeg.

3. Reenabled.

4. Volunteer Surplus.

CHAPTER VIII

Of the licenses and permissions

Item three hundred and seventy

1. The Judges and Magistrates shall reside in the town where the Court or Court is situated which serve and may not be absent from the constituency in which they perform their duties, except where they are required to carry out their duties or to use license or permission.

2. The Board of Governors of the High Court of Justice may authorise the residence in a different place on grounds of justified grounds, provided that it is compatible with the exact fulfilment of the duties of the office.

3. The movement outside its headquarters by the Magistrates or Judges who are not unique or not on call shall not be considered to be absent for the purposes of this Article, from the end of the hours of the hearing on Saturday or the day before. party, until the beginning of the hearing on the following first working day.

Article three hundred and seventy-one

1. The Judges and Magistrates shall be entitled to an annual leave of one month, except for those for the Canary Islands, which may be paid in one period for two years.

2. The Presidents of Chambers and Magistrates of the Supreme Court and of the rest of the Courts shall enjoy this permit during the month of August; except for those to whom the Chamber provided for in Article 180 is appropriate.

Article three hundred and seventy two

The annual leave of absence may be refused for the time at which it is requested when for cases pending in a Court or Court, for the accumulation of requests for licences in the territory or for other circumstances exceptional, the regular functioning of the Administration of Justice may be impaired.

Article three hundred and seventy-three

1. The Judges and Magistrates shall be entitled to licences on grounds of marriage of 15 days and 14 weeks in the case of childbirth.

2. They shall also be entitled to leave, without limitation, to carry out studies relating to the judicial function, subject to a favourable report by the President of the Court, which shall take into account the needs of the service. When the license is completed, the General Council of the Judicial Branch will be able to recall the work done, and if its contents are not enough to justify it, the license will be compensated with the time that is determined from the vacation of the interested.

3. They will also be able to enjoy three-day permits, without being able to exceed six permits in the calendar year, or one month, and should justify the need to the respective superiors, who will have to obtain authorization.

Article three hundred and seventy-four

The person who is ill unable to attend the office, will inform the President immediately, and if the disease persists more than five days, he/she will have to apply for a license by crediting that and the medical on the precise time for re-establishment.

Article three hundred and seventy-five

1. Sick leave, after the sixth month, shall only be entitled to the receipt of basic remuneration and for family reasons, without prejudice to their supplement, as appropriate, in accordance with the applicable social security scheme.

2. Licences for studies in general will give the right to receive basic and family benefits.

3. Sick leave, up to and including the sixth month, and other licences and permits shall not affect the remuneration of the person who enjoyed them or obtained them.

Article three hundred and seventy-six

When exceptional circumstances impose it, the enjoyment of the licenses or permits may be suspended or revoked, with the Judges and Magistrates being ordered to join the Court or Court.

Article three hundred and seventy-seven

The legal status of licenses and permits will be developed, determining the authority to which they are granted and their duration, and how much is not established in this law.

TITLE II

From judicial independence

CHAPTER I

From the immobility of Judges and Magistrates

Article three hundred and seventy-eight

1. Judges and judges who are to be charged with judicial charges shall be immobility.

2. Those who have been appointed for a given time limit shall enjoy immobility only for that time.

3. Cases of resignation, leave, transfer and promotion shall be governed by the specific rules laid down in this law.

Article three hundred and seventy-nine

1. The status of Judges or Magistrates will be lost for the following reasons:

a) For the resignation of the Judicial Race. Courses in this scenario will be understood as those provided for in the 322 and 357-3.

b) For loss of Spanish nationality.

c) Under disciplinary penalty of separation from the Judicial Career.

(d) By imposition of principal or ancillary penalty of separation from the judicial office, absolute or special disablement for public office. The Courts that will dictate these judgments will forward testimony from them to the General Council of the Judiciary, once they have gained firmness.

e) For having incurred any of the causes of incapacity, unless your retirement is appropriate.

f) By retirement.

2. The separation in the cases provided for in points (b), (c), (d) and (e) of the previous paragraph shall be agreed upon prior file, with the intervention of the Prosecutor's Office.

Article three hundred and eighty

Those who have lost the status of Judge or Magistrate for any of the reasons set out in paragraphs (a), (b) and (c) of Article 379 of this Law may request the General Council of the Judiciary for their rehabilitation.

Article three hundred and eighty-one

1. The rehabilitation shall be granted by the General Council of the Judiciary, when the final cessation is established or the absence, if any, of the cause that resulted in the separation, valuing the circumstances of any order.

2. If the rehabilitation is refused, no new procedure may be initiated to obtain it in the following three years, which shall be computed from the initial rejection of the General Council of the Judiciary.

Article three hundred and eighty two

The Judge or Magistrate who has been rehabilitated shall be assigned in accordance with the provisions of this law.

Article three hundred and eighty-three

The suspension of Judges and Magistrates will only take place in the following cases:

1. Where there has been declared a place to proceed against them for crimes committed in the performance of their duties.

2. º When for any other criminal offence they have been issued against them for imprisonment, for bail or for prosecution.

3. º When it is delayed in disciplinary or incapacity, already provisional in nature, already definitive.

4. º By final judgment of conviction in which the suspension is imposed as the principal or ancillary penalty, where the separation does not proceed.

Article three hundred and eighty four

1. In the cases of the first two paragraphs of the previous article, the Judge or Tribunal that knew about the case will inform the General Council of the Judiciary, who will make the suspension effective, after hearing the Prosecutor's Office.

2. In the case of paragraph 4, the Court shall give evidence of the judgment to the General Council of the Judiciary.

3. The suspension shall last, in the cases referred to in paragraphs 1 and 2 of the previous Article, until the cause of the case is either an absolute judgment or an order of dismissal. In other cases, for all the time to extend the penalty, sanction or precautionary measure.

Article three hundred and eighty-five

Judges and Magistrates may only be retired:

1. º By age.

2. º For permanent incapacity for the exercise of their functions.

Article three hundred and eighty-six

Retirement by age is forced and will be enacted in good time for the cessation of the function to occur effectively by the age of sixty-five years for Judges and Magistrates of all categories.

Article three hundred and eighty-seven

1. Where, in a Judge or Magistrate, permanent incapacity is assessed, the Governing Board shall, in itself, at the request of the Prosecutor's Office or the person concerned, make a proposal for a retirement to the General Council of the Judiciary.

2. The permanent incapacity file may also be initiated by the General Council of Trade or at the request of the Prosecutor's Office.

3. Retired persons for permanent incapacity may be rehabilitated and return to active duty if they prove that the cause of retirement has disappeared.

Article three hundred and eighty-eight

The procedures for separation, transfer, retirement for permanent incapacity and rehabilitation shall be formed with an audience of the person concerned and report of the Fiscal Ministry and the respective Government Room, without prejudice to the other justifications that they proceed, and will be resolved by the General Council of the Judiciary.

CHAPTER II

Of Incompatibilities and Bans

Article three hundred and eighty-nine

The position of Judge or Magistrate is incompatible:

1. With the exercise of any other jurisdiction other than that of the Judiciary.

2. With any office of popular choice or political designation of the State, Autonomous Communities, Provinces and other local entities and agencies dependent on any of them.

3. With the jobs or posts provided or paid by the State Administration, the General Cortes, the Royal Household, Autonomous Communities, Provinces, Municipalities and any entities, bodies or companies that are dependent on some of them. or others.

4. With the jobs of all classes in the Courts and Courts of any jurisdictional order.

5. All employment, employment or paid occupation, except for teaching or legal research, as well as literary, artistic, scientific and technical production and creation, and publications derived from it, in accordance with the provisions of the legislation on incompatibilities of staff to the service of public administrations.

6. With the exercise of the Attorney General and the Attorney General's Office.

7. º With all kinds of legal advice, whether or not paid.

8. º With the exercise of any mercantile activity, by itself or by another.

9. ° With the functions of Director, Manager, Administrator, Counsellor, Collective Partner or any other that involves direct, administrative or economic intervention in companies or commercial, public or private companies, any gender.

Article three hundred ninety

1. Those who, in the course of the preceding article, are appointed Judges or Magistrates, shall, within eight days, decide for one or the other post or to cease in the exercise of the activity of the incompatible.

2. Those who do not make use of that option within the time limit shall be deemed to give up the appointment.

Article three hundred and ninety-one

1. They may not belong simultaneously to the same Magistrates ' Chamber which are united by a marriage or a situation of equivalent fact, or have a parentage of each other within the second degree of consanguinity or affinity, unless there is more than one Section, in which case they may participate in the various Sections.

2. This provision shall also apply to the Presidents of the National Court, the High Courts of Justice and the Hearing Officer, as well as to the Presidents of the Chamber, in respect of the Magistrates who are dependent on them.

3. It will also be to the Presidents and Magistrates of the Criminal Court of the National Court and the Provincial Hearings regarding the members of the Prosecutor's Office assigned to the Fiscalas. Except for the destinations of Section Presidents and Magistrates at Provincial Hearings where there are five or more Sections.

Article three hundred and ninety-two

The provisions of the preceding article shall apply:

1. The Presidents of the Chamber of the National Court with the Central Judges.

2. The Presidents of the High Courts of Justice and Audiences, with the Judges of the territory of their jurisdiction.

3. The Magistrates of the Audiences with the Judges who are dependent on the jurisdictional order to which they belong.

4. The Judges of First Instance and Instruction in respect of the members of the Prosecutor's Office assigned to Fiscalas in whose jurisdiction they exercise their jurisdiction, with the exception of the Parties in which there are ten or more Judged of that class.

5. The Presidents, Magistrates and Judges in respect of the Secretaries and other personnel serving the Administration of Justice who are directly dependent on them.

Article three hundred and ninety-three

The Judges and Magistrates shall not be able to perform their duties:

1. In the Chambers of Courts and Courts where they habitually exercise, as an Attorney or Procurator, their spouse or a relative within the second degree of consanguinity or affinity. This incompatibility shall not apply in populations where there are ten or more Courts of First Instance and Instruction or Chambers with three or more Sections.

2. In a Provincial or Court Hearing comprising within his territorial constituency a population in which, by possessing the same, his or her spouse or second-degree relatives of consanguinity economic interests, they have a possible to prevent them from exercising the judicial function. The populations of more than 100 000 inhabitants are excepted in which the seat of the court is situated.

3. In a Hearing or Court in which they have exercised the law or the position of attorney in the previous two years, to their appointment.

Article three hundred and ninety-four

1. Where an appointment of a place of incompatibility as provided for in the previous Articles is not the same, it shall have no effect and shall be made compulsory to the Judge or the Magistrate, without prejudice to disciplinary liability in respect of the that could have been incurred.

2. Where the situation of incompatibility appears under circumstances oversold, the General Council of the Judicial Branch shall proceed to the forced removal of the Judge or Magistrate, in the case of the first paragraph of Article 1, or of the last appointed in the other. If appropriate, it may propose to the Government the transfer of the member of the Incompatible Fiscal Ministry, if it is of lesser seniority in the position. The forced destination shall be in charge that it does not involve change of residence if it exists vacant, and in such case it shall not be announced for a provision.

Article three hundred and ninety-five

Judges or Magistrates may not belong to political parties or trade unions or be employed in the service of such parties, and shall be prohibited from:

1. To direct the powers, authorities and public officials or official corporations, congrats or censures for their actions, nor to participate, in their capacity as members of the Judiciary, to any public events or meetings which are not judicial in nature, except those which are intended to be completed by the King or for which they have been summoned or authorised to attend by the General Council of the Judiciary.

2. Take in the legislative or local elections more part than to cast your personal vote. However, they will perform the duties and fill in the duties inherent in their charges.

Article three hundred and ninety-six

Judges and Magistrates may not disclose the facts or news concerning natural or legal persons of whom they have been aware in the performance of their duties.

Article three hundred and ninety-seven

The competence for the authorization, recognition or refusal of compatibility, in accordance with the provisions of this chapter, corresponds to the General Council of the Judiciary, prior to the report of the President of the Court or Respective hearing.

CHAPTER III

From judicial immunity

Article three hundred and ninety-eight

1. Judges and Magistrates in active duty may only be detained on the order of a competent Judge or in case of a flagrant offence. In the latter case, the necessary assurance measures will be taken and the detainee will be immediately handed over to the nearest Instruction Judge.

2. The President of the Court or the Court of which the Judge or the Magistrate is responsible shall be given the quickest means of arrest. It shall be taken by the judicial authority corresponding to the prevention measures to be taken to address the replacement of the detainee.

Article three hundred and ninety-nine

1. The civil and military authorities shall refrain from intiming the Judges and the Magistrates and of summoning them to appear in their presence.

When a civil or military authority requires data or statements that may be provided by a Judge or Magistrate, and which do not relate to his or her position or function, they shall be requested in writing or received in the official office of that person, warning.

2. In the case of aid or cooperation on the grounds of the position or the judicial function, it shall be provided without delay, unless the act to be carried out is not legally permitted or the jurisdiction of the Judge or Court is prejudiced. The refusal shall be communicated to the requesting authority with sufficient expression of the reason justifying it.

Four hundred

When the statement of a Judge or Magistrate is necessary in the instruction of a criminal case, and the Judge may legally lend it, he cannot excuse himself from doing so. If the judicial authority which is to receive the declaration is of a lower status, it shall go to the official office of the Judge or Magistrate, after warning, indicating day and hour.

CHAPTER IV

From the professional association regime of Judges and Magistrates

Article four hundred one

According to the provisions of Article 127 of the Constitution, the right of professional association of Judges and Magistrates is recognized, which shall be exercised in accordance with the following rules:

1. The associations of Judges and Magistrates shall have legal personality and full capacity for the fulfilment of their purposes.

2. The defense of the professional interests of its members in all aspects and the performance of activities aimed at the service of justice in general may be considered lawful purposes. They will not be able to carry out political activities or have links with political parties or trade unions.

3. The associations of Judges and Magistrates shall have national scope, without prejudice to the existence of Sections whose scope coincides with that of a High Court of Justice.

4. The Judges and Magistrates may freely associate themselves or not with professional associations.

5. Only those who have the status of Judges and Magistrates in active duty may be a part of them. No Judge or Magistrate may be affiliated with more than one professional association.

6. The professional associations will be validly constituted since they are registered in the register that will be taken to the effect by the General Council of the Judiciary. The registration shall be applied at the request of any of the promoters, to which the text of the statutes and an affiliate relationship shall be accompanied.

Only registration may be refused when the association or its statutes do not conform to the legally required requirements.

7. The statutes must express at least the following terms:

a) The name of the association.

b) Specific ends.

c) Organization and representation of the association. Its internal structure and operation must be democratic.

d) Membership regime.

e) Economic means and quota regime.

f) Formas of choosing the management positions of the association.

8. The suspension or dissolution of professional associations shall be subject to the arrangements established for the right of association in general.

9. The regulatory standards of the right of association in general shall apply.

CHAPTER V

From economic independence

Article four hundred two

1. The State guarantees the economic independence of the Judges and Magistrates by appropriate remuneration for the dignity of the judicial function.

2. It will also ensure a Social Security regime that protects Judges and Magistrates and their family members during active service and retirement.

Article four hundred three

The remuneration regime of the Judges and Magistrates shall be governed by law, having regard to their fixation to the exclusive and full dedication to the judicial function, to the category and to the time of service delivery. The responsibility for the job and the job will also be paid.

Four hundred four

Together with the other items corresponding to the remuneration of Judges and Magistrates, the General Budget of the State shall contain an annual consignment for the allocation of the Judges of Temporary Provision, Judges of Peace, other the provision of judicial staff to give rise to the provisions of this law and other requirements of the Administration of Justice.

TITLE III

From the responsibility of the Judges and Magistrates

CHAPTER I

From criminal responsibility

Article four hundred five

The criminal liability of Judges and Magistrates for offences or offences committed in the performance of their duties shall be required in accordance with this law.

Article four hundred six

The trial of criminal liability against Judges and Magistrates may be initiated by the competent court or by virtue of a complaint by the Prosecutor's Office, or the injured or offended, or by the exercise of the action popular.

Article four hundred seven

When the Supreme Court, by reason of the disputes or causes of which it is known or by any other means, has news of any act of Judges or Magistrates carried out in the exercise of his office and which can be classified as a crime or (a) it shall inform the Court of Justice, the competent court, of the effects of the opening of the case. The same shall apply, where appropriate, to the High Courts of Justice and Auditors.

Article four hundred eight

When other judicial authorities have knowledge, through the actions in which they intervene, of the possible commission of a crime or lack by a Judge or Magistrate in the exercise of their office, they shall inform the Judge or Competent court, heard the Ministry of Public Prosecutor, with remission of the necessary background.

Article four hundred nine

When the General Council of the Judicial Branch, the Government or other organ or authority of the State or of an Autonomous Community considers that a Judge or Magistrate has performed, in the exercise of his office, a fact that may be If the offence is a criminal offence or a crime, it shall be brought to the attention of the Prosecutor's Office in case of criminal action, without prejudice to the provisions of Article 406.

Article four hundred ten

1. In order to be able to initiate proceedings under the offence, or in the case of the exercise of popular action, with the aim of requiring judges or magistrates to be held in criminal proceedings, a person must be given the right to apply for the purposes of the proceedings established by him. the procedural laws and the declaration that they are to be carried out against them.

2. The Court of First Instance shall be aware of the case.

CHAPTER II

From civil liability

Item four hundred and eleven

Judges and Magistrates shall be liable in a civil manner for the damages they cause when, in the performance of their duties, they incur or blame.

Four hundred twelve

Civil liability may be required at the instance of the injured party or its successors in title, in the appropriate judgment.

Article four hundred thirteen

1. The claim for civil liability may not be brought until the decision is signed that ends the process in which the tort is produced, or by whom it has not been called upon to do so in a timely manner.

2. In no case will the sentence pronounced in the civil liability trial alter the firm resolution relapse into the process.

CHAPTER III

From disciplinary responsibility

Article four hundred and fourteen

Judges and Magistrates are subject to disciplinary responsibility in the cases and with the guarantees provided for in this law.

Article four hundred and fifteen

1. Disciplinary liability may be required only by the competent authority, by means of the procedure laid down in this Chapter, already initiated on its own initiative, at the request of the aggrieved person, or by virtue of a higher court order, or Tax Ministry initiative.

2. No disciplinary responsibility may be opened in respect of acts which are the subject of criminal proceedings, as long as the case has not been terminated by a decision or an absolute judgment, and where appropriate, the administrative file shall be processed. in progress, if after initiation, criminal proceedings are initiated for the same fact.

In such cases, the limitation periods referred to in the following article of this law will begin to be computed from the conclusion of the criminal case.

3. In no case shall the same criminal offence be the subject of a subsequent disciplinary liability file.

Four hundred and sixteen

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

2. Minor faults will be prescribed at two months; the serious ones, at six months, and the very serious ones, a year from the date of their commission.

3. The prescription shall be interrupted at the time the disciplinary procedure is initiated.

Four hundred and seventeen

Very serious faults will be considered:

1. The infraction of the incompatibilities established in this law.

2. º The meddling, directing orders or pressures of any kind, in the application or interpretation of the laws corresponding to any other court.

3. º The abandonment or unjustified delay and repeated in the performance of the jurisdictional function.

4. The unjustified absence, for more than ten days, of the place in which they provide their services.

5. The serious and repeated clashes, for reasons attributable to the Judges and Magistrates, with the authorities of the constituency in which they are responsible.

6. The elections or omissions that generate, in accordance with Article 411, civil liability.

7. The commission of a serious misconduct when it was previously sanctioned by two other graves without the corresponding annotations being cancelled.

Article four hundred and eighteen

Serious faults will be considered:

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

2. º The violation of the prohibitions or duties set forth in this law.

3. Stop promoting the requirement of disciplinary responsibility to the Secretaries and subordinate auxiliary staff, when they know or should know the gross non-compliance for the same duties as they do. correspond.

4. The unjustified absence for more than three days of the place in which they provide their services.

5. To correct the application or interpretation of the legal order made by the lower ones in the court order, except when they administer justice under the resources that the laws establish.

6. º The excess or abuse of authority with respect to the Secretaries, Officers, Auxiliary and Agents of the Courts and Tribunals and of the members of the Prosecutor's Office, Attorneys, Attorneys and Individuals who attend the same in any concept.

7. Inunjustified inattendance at the judgments or views that were flagged, when it does not constitute a very serious failure.

8. The failure to comply with the obligation laid down in Article 317 (3) of this Law and the delay or delay in the dispatch of cases which cannot be described as very serious.

9. The commission of a minor lack of character having previously been sanctioned by two other mild ones, whose annotations would not have been cancelled.

10. º The recommendation of any matters known to the Courts and Courts.

Article four hundred and nineteen

They will be considered minor faults:

1. The lack of respect for hierarchical superiors that does not constitute a serious fault.

2. Deconsideration with equal or lower in the judicial hierarchical order, with the members of the Fiscal Ministry, Attorneys and Attorneys, with the Secretaries, Officers, Auxiliary and Agents of the Courts and Courts or with the individuals who come to them in any way.

3. The delay in the dispatch of the cases or in their resolution when it is not more serious.

4. No unjustified absence for three days or less where they provide services.

5. º Violations or negligence in the performance of the duties of his or her office established in this law, where it does not constitute a more serious infringement.

Four hundred twenty

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

a) Warning.

b) Apprehension.

c) Fine of up to fifty thousand pesetas.

d) Suspension from one month to one year.

e) Forced transfer.

f) Separation.

2. Minor faults may only be punishable by warnings or reprimand; serious, reproof or fine, and very serious, with suspension, forced removal or separation.

3. The penalties will be prescribed at four months in cases of minor faults, in cases of serious misconduct and at two years in cases of very serious misconduct.

4. The limitation period shall be calculated from the day following the day on which the decision in which it is imposed becomes final.

Article four hundred and twenty-one

They will be competent for imposing penalties:

1. For minor faults, the President of the Supreme Court and the Presidents of the National Court and the High Courts of Justice, the Judges and Magistrates who are dependent on them.

2. For those of serious misconduct, the Chambers of Government of the Supreme Court, the National Court and the High Courts of Justice, respectively, the Judges and Magistrates who are dependent on each of the they.

3. For those corresponding to very serious misconduct, the disciplinary commission of the General Council of the Judiciary, except those provided for in the following rule.

4. For forced removal and separation, the General Council plenary session.

Four hundred and twenty-two

1. The warning sanction shall be imposed without further processing than the hearing of the person concerned, after having been deemed necessary, a summary of information.

2. The remaining penalties shall be imposed by the procedure laid down in the following Articles.

Article four hundred and twenty-three

The disciplinary procedure shall be initiated by Agreement of the Chamber of Government or President to be known to it, or, where appropriate, of the General Council of the Judiciary. An instructor of the same category, at least, to that against which the procedure is directed shall be appointed in the act which starts the proceedings. A Secretary shall be appointed on a proposal from the Instructor.

Four hundred and twenty-four

The Instructor may propose to the Disciplinary Commission of the General Council, upon summons of the person against whom the procedure is directed, the provisional suspension of the procedure. The proposal shall be made through the President or the Board of Government, where appropriate, and the Prosecutor's Office and the interested party shall be heard. It can only be agreed when there are rational indications of the commission of a very serious fault.

Four hundred and twenty-five

1. The Instructor will practice how many tests and actions lead to the clarification of the facts and to determine the responsibility, with the intervention of the Fiscal Ministry and, where appropriate, the person concerned.

2. In the light of those documents, the Instructor shall, if appropriate, draw up a statement of objections in which the facts imputed shall be laid down. The statement of objections shall be notified to the person concerned so that he can reply within eight days and propose the proof which he requires, the relevance of which shall be qualified by the Instructor.

3. In this respect, the Instructor, after hearing the Prosecutor's Office, will make a proposal for a resolution, from which the person concerned will be transferred, so that within eight days he will abide by what is appropriate to his right. That procedure shall be completed, or the time limit 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 that is not within its competence, it shall raise the procedure, with its proposal, to which it is competent.

4. The competent authorities may return the file to the Instructor for a statement of objections, understand other facts in the case or complete the instruction.

5. The duration of the sanctioning procedure shall not exceed six months. Where, for exceptional reasons, it is extended for the longer term, the Instructor shall take account of the state of its processing every ten days and of the circumstances which impede its conclusion to the authority which it has sent to it.

6. The decision to be taken must be notified to the person concerned and to the Prosecutor's Office, who may institute proceedings against them.

7. Resolutions imposing sanctions for suspension, forced removal and separation shall only be enforceable when they have gained firmness.

Article four hundred and twenty-six

1. Disciplinary sanctions shall be entered in the personal file of the person concerned, with the expression of the facts imputed.

2. The authority that charges them shall take care that the above is complied with.

Article four hundred and twenty-seven

1. The endorsement of the warning sanction shall be cancelled for the period of six months after it has become final, if the penalty for another disciplinary procedure ending with the imposition has not occurred during that time. of sanction.

2. The entry of the remaining penalties, with the exception of the separation, may be cancelled, at the request of the person concerned and heard by the Ministry of Public Prosecutor, when at least one, two or four years have elapsed since the imposition of the sanction, according to in the case of minor, serious or very serious misconduct, and during this time the sanction for a new disciplinary procedure which ends with the imposition of a sanction has not been given.

3. Cancellation will erase the antecedent for all intents and purposes.

TITLE IV

Of the Judges under temporary provision

Article four hundred and twenty-eight

1. The vacancies of Judges who are deserted in the contests may be covered under temporary provision and shall be covered by the ordinary procedures.

2. The calls for competitions shall include all vacant positions, including those served by temporary provision judges. The latter shall be announced in the transfer competitions at least once a year.

Article four hundred and twenty-nine

The Boards of Government of the High Courts of Justice will weigh whether the vacant courts may be adequately served by replacement, extensions of jurisdiction or commissions of service, or if they are are insufficient to ensure their regular operation. In this case, they will raise the General Council of the Judiciary with a relation of the Courts that demand their immediate temporary provision, in the union of a reasoned report that justifies it.

Article four hundred thirty

The General Council, assessing this report and all the records it has or deems it necessary to obtain, shall decide whether or not to use the application of the extraordinary system of provision regulated in this Title, communicating its decision to the relevant Government Chamber.

Article four hundred and thirty-one

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 requirements required for entry into the Judicial Career.

2. They will have preference:

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

(b) Those who have exercised the position of substitute Judges.

(c) Those who have approved oppositions to other races of the State 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.

3. Of the appointments made, the General Council shall be taken into account, which shall leave them without effect if they do not comply with the law.

Article four hundred and thirty-two

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. point out within the budget forecasts.

2. The appointments shall be made for one year, which may be extended further, in accordance with the same procedure, except as provided for in paragraph 1 (e) of the following Article.

Article four hundred and thirty-three

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

a) Over the period for which they were appointed.

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

(c) 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.

d) By agreement of that, when they cease to diligently attend to the duties of the office, with the same guarantees as to the procedure established in the previous number.

e) Where a titular Judge is appointed for the place served as a temporary provision.

2. The cesses, whatever the cause may be determined by them, shall be communicated to the General Council of the Judiciary.

TITLE V

From The Center for Judicial Studies

Article four hundred and thirty-four

1. The Center for Judicial Studies is an entity governed by public law with its own legal personality under the Ministry of Justice, without prejudice to the powers that correspond to the General Council of the Judiciary.

2. It will have the role of collaboration with the General Council of the Judiciary and the Ministry of Justice in the selection, training and improvement of the members of the Judicial and Fiscal Careers, the Secretariat and other personnel in the service of the Administration of Justice.

The formation and improvement of the members of the Judicial Career will be conducted under the exclusive direction of the General Council of the Judiciary.

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.

BOOK V

OF THE FISCAL MINISTRY AND OTHER PERSONS AND INSTITUTIONS COOPERATING WITH THE ADMINISTRATION OF JUSTICE AND OF THOSE WHO ASSIST

TITLE I

From The Fiscal Ministry

Article four hundred and thirty-five

1. Without prejudice to the functions entrusted to other bodies, the Prosecutor's Office has the task of promoting the action of Justice in defence of the law, the rights of citizens and the public interest protected by the law, either on its own initiative or on its behalf. the request of the interested parties, as well as to ensure the independence of the courts and to ensure to them the satisfaction of the social interest.

2. The Fiscal Ministry shall be governed by the provisions of its Organic Statute.

TITLE II

Of Lawyers and Attorneys

Article four hundred and thirty-six

The name and function of the lawyer to the licensed person in law that professionally exercises the direction and defense of the parties in all manner of processes, or the legal advice and advice.

Article four hundred and thirty-seven

1. In their actions before the Courts and Courts, the Lawyers are free and independent, subject to the principle of good faith, will enjoy the rights inherent in the dignity of their function and will be protected by those in their freedom of expression and defense.

2. The Lawyers must keep secret of all the facts or news that they know for any of the modalities of their professional performance, not being able to be obliged to declare on the same.

Article four hundred and thirty-eight

1. It is exclusively for the Attorney General to represent the parties in all types of proceedings, except where the law authorizes otherwise.

2. The Procurator shall apply the provisions of the second paragraph of the previous Article.

Article four hundred and thirty-nine

1. The Lawyers and Attorneys, before beginning their professional exercise, will be sworn in or promise to abide by the Constitution and the rest of the legal order.

2. The collegial of the Lawyers and Attorneys shall be required to act before the Courts and Tribunals in the terms provided for in this Law and by the general legislation on Professional Colleges, unless they act in the service of the Public administrations or public entities on the basis of civil or labour dependency.

Four hundred forty

1. Unless otherwise provided by law, the parties may freely designate their representatives and advocates among the Attorneys and Attorneys who meet the requirements required by law.

2. They shall be appointed on their own initiative, in accordance with the provisions of those provisions, to whom they so request or refuse to appoint them, with their intervention required. The defense of trade will have a free character for those who credit insufficient resources to litigate in the terms in which they establish the law.

3. In labour and social security procedures, representation may be held by a collegiate social graduate.

Article four hundred and forty one

It is the obligation of the public authorities to guarantee the defense and the assistance of Advocate, in the terms established in the Constitution and in the laws.

Article four hundred and forty two

1. Lawyers and Attorneys are subject in the exercise of their profession to civil, criminal and disciplinary responsibility, as appropriate.

2. Disciplinary corrections for their actions before the Courts and Tribunals shall be governed by the provisions of this law and in the laws of procedure. The disciplinary responsibility for their professional conduct is to declare it to the corresponding Colleges and Councils in accordance with its Statutes, which must in any case respect the guarantees of the defense of any sanctioning procedure.

TITLE III

From the Judicial Police

Article four hundred and forty-three

role of the Judicial Police includes the help of the Courts and Courts and the Prosecutor's Office in the investigation of the crimes and in the discovery and insurance of the criminals. This function will be required, when required to lend it, to all the members of the Security Forces and Forces, whether they depend on the central government or the Autonomous Communities or the Local Authorities, within the scope of their respective competencies.

Article four hundred and forty-four

1. Judicial Police units will be established that will be functionally dependent on the judicial authorities and the Prosecutor's Office in the performance of all the actions they are entrusted with.

2. The organisation of these units and the means of selection and legal status of their members shall be determined by law.

Article four hundred and forty-five

1. They specifically correspond to the Judicial Police units the following functions:

(a) The investigation of the perpetrators and circumstances of the criminal acts and the detention of the former, following the judicial and fiscal authority, in accordance with the provisions of the laws.

b) The aid to the judicial and fiscal authority in how many actions it should take outside its headquarters and require police presence.

(c) The material performance of the actions that require the exercise of coercion and shall order the judicial or fiscal authority.

d) The guarantee of compliance with the orders and resolutions of the judicial or tax authority.

e) Any other of the same nature in which their cooperation or assistance is necessary and shall be ordered by the judicial or tax authority.

2. In no case shall the members of such units be entrusted with the practice of actions other than those of the Judicial Police or those arising therefrom.

Article four hundred and forty-six

1. In the criminal investigation functions, the Judicial Police will act under the direction of the Courts and Courts and the Prosecutor's Office.

2. Judicial Police officers who have been entrusted with a particular performance or investigation within the competence referred to in Article 443 of this Law may not be removed or removed until the end of the same or, in any case, the stage of the judicial procedure that originated it, if not by decision or with the authorization of the competent Judge or Prosecutor.

TITLE IV

Of State representation and defense and other public Entes

Article four hundred and forty-seven

1. The representation and defense of the State and its Autonomous Bodies, except that, as far as these, its provisions authorize otherwise, as well as that of the constitutional bodies, will correspond to the lawyers integrated in the legal services of the State, without prejudice to the fact that, for certain cases and in accordance with the rules laid down in law, they may be entrusted to a collegiate lawyer specially designated for that purpose.

2. The representation and defence of the Autonomous Communities and those of the Local Authorities shall correspond to the legal persons who serve in the legal services of such general government, unless they appoint a collegiate lawyer representing them and defend. Lawyers who are integrated into the legal services of the State may represent and defend the Autonomous Communities in the terms that will be regulated.

TITLE V

Of the sanctions that may be imposed on those involved in the lawsuits or causes

Article four hundred and forty-eight

Lawyers and Attorneys who intervene in lawsuits and causes, when they breach the obligations imposed on them by this law or the procedural laws, may be corrected in accordance with the provisions of this Title, provided that the does not constitute a crime.

Article four hundred and forty-nine

Lawyers and Attorneys will also be disciplined for their actions before the Courts and Courts:

1. When in his forensic action he will be orally missing, in writing or by work, to the respect due to the Judges and Courts, Prosecutors, Lawyers, Judicial Secretaries or any person who intervenes or relates to the process.

2. When called to order in the oral arguments, they do not obey repeatedly to the one the Tribunal is presiding over.

3. Where they do not appear before the Court without justified cause once cited in form.

4. When they unreasonably give up the defence or representation they exercise in a process, within seven days prior to the conclusion of the judgment or the views indicated.

Article four hundred and fifty

1. The corrections which may be imposed on the persons referred to in the preceding two articles are:

a) Aperception.

(b) Multa whose maximum amount shall be that provided for in the Criminal Code as a penalty for faults.

2. The imposition of the fine correction shall be made on the basis of the seriousness, background and circumstances of the facts committed, and in any event shall always be imposed with an audience of the person concerned.

Article four hundred and fifty-one

1. The correction shall be imposed by the Judge or by the Chamber before the proceedings are followed.

2. It may be imposed on the autos themselves or in separate proceedings. In any event, the Registrar shall state the reasons for the corrective action, the arguments of the person involved and the agreement to be adopted by the Judge or the Chamber.

Article four hundred and fifty-two

Against the agreement of imposition of the correction, it may be brought, within three days, an appeal hearing in justice before the Judge or the Chamber, which will resolve it in the next day. Against this agreement or against the imposition of the sanction, in the event that the appeal for hearing in justice had not been used, it will be the case, within five days, before the Chamber of Government, which will decide on the matter in advance. Judge or Chamber which imposed the correction at the first meeting it holds.

Article four hundred and fifty-three

Where any of the special corrections provided for in the procedural laws for certain cases are appropriate, it shall apply, as regards the method of imposing it and the usable resources, as laid down in the two Articles above.

BOOK VI

OF THE STAFF AT THE SERVICE OF THE ADMINISTRATION OF JUSTICE

TITLE I

Common Provisions

Article four hundred and fifty-four

1. Under the name of the service of the Administration of Justice are the Judicial Secretaries, the Medical Physicians, the Officers, Auxiliary and Judicial Agents, as well as the members of the Bodies that can be created, by law, for assistance and collaboration with the Judges and Courts.

2. The Corps of Officials at the Service of the Administration of Justice shall have the character of National Bodies. In no case shall they be remunerated by the tariff system.

Article four hundred and fifty-five

The powers for all staff at the service of the Administration of Justice, included in the previous Article, correspond to the Ministry of Justice, in all matters relating to its Statute and legal status, including selection, training and further training, as well as the provision of destinations, promotions, administrative situations and disciplinary arrangements.

Article four hundred and fifty-six

In all that is not provided for in this law and in the respective organic regulations, it will apply to the staff at the service of the Administration of Justice, with an extra character, the provisions of the general legislation of the State on the public function.

Article four hundred and fifty-seven

May aim for the Corps to integrate the staff at the service of the Administration of Justice the elderly Spaniards who have the title required in each case or are in a position to obtain it at the date of publication of the convocation, have not been convicted, are neither prosecuted nor charged for criminal offence, unless they have obtained the rehabilitation or have been placed in the cause of dismissal; they are not disabled for the exercise of public functions, and have not been separated by disciplinary proceedings from a body of State, Autonomous Communities or Local Administrations, or suspended for the exercise of public functions, in disciplinary or judicial proceedings, unless they have been duly rehabilitated.

Article four hundred and fifty-eight

1. The selection of the staff at the service of the Administration of Justice shall be made by public notice, in accordance with the principles of equality, publicity, merit and capacity, by means of selective testing in the manner in which it is available. present law and the regulatory provisions that develop it.

2. In the case of calls, the handling of authorised machines may, where appropriate, be established as merit.

Article four hundred and fifty-nine

1. All who integrate the staff at the service of the Administration of Justice shall take oath or promise when taking possession of their first destination.

2. The oath or promise shall be given to the President of the Court, the Hearing Officer or the Judge where the official is to be assigned as appropriate.

3. Where they are intended for bodies other than the Courts or Courts, they shall do so before the authority whose immediate orders they are to be.

Article four hundred and sixty

The form of the oath or promise will be as follows:

"I swear (or promise) to keep and to faithfully and at all times keep the Constitution and the rest of the legal order, loyalty to the Crown and fulfill the duties of my office in front of everyone."

Article four hundred and sixty-one

1. Judicial Secretaries shall abstain in cases established for Judges and Magistrates and, if they do not, may be challenged.

2. The requirements of Chapter v, Title II, of Book III of this Law shall apply to the recusal of the Secretaries. The recusal shall be instructed if the recusal is a Registrar of the Court, Court or Hearing, by the Judge himself or by the Judge-Rapporteur, and shall be ruled out by the Judge or by the Chamber or Section which is familiar with the proceedings.

Article four hundred and sixty-two

1. The Officers, Auxiliary and Judicial Agents are required to bring to the attention of the Judge or President the causes which are present in them and which may justify their abstention in the process or cause.

2. Those authorities shall, on their own initiative or at the request of a party, be heard by the official, where appropriate, of the measures they have taken to ensure their impartiality in the proceedings.

Article four hundred and sixty-three

The prescriptions that, with respect to the recusal of the experts, establish the procedural laws will apply to the Medical Physicians.

Article four hundred and sixty-four

1. The officials who are in the service of the Administration of Justice will be disciplined, if they incur any of the faults provided for in this Law for the Judges and Magistrates, as soon as they are applicable or in the cases of established for civil servants of the State Civil Administration, where appropriate.

2. The penalties provided for by Judges and Magistrates may be imposed by the procedure laid down for them. The instructor shall be a Judge, Magistrate, Registrar or, where appropriate, a member of the Prosecutor's Office; in no case may the Instructor be the holder of the Court or Magistrate of the Chamber in which the issued official provides services. The Instructor shall designate a Secretary of the same or higher category as the subject to file.

3. The penalty of warning shall be imposed by the respective Judge or President; those of reprimand, fine and suspension, by the corresponding Government Chamber of the High Court of Justice; the forced removal, by the Minister of Justice, and the separation, by the Council of Ministers.

4. The sanctions, except for the warning, against which only a plea before the body which issued it, shall be subject to appeal to the Minister of Justice when they have been imposed by the Chambers of Government of the Court of Justice. Superior to Justice. The decisions of the Ministry of Justice by resolving the previous action or, where appropriate, imposing the forced transfer, as well as those of the Council of Ministers in any event, shall exhaust the administrative route.

5. Sanctioning decisions that decide definitively on a governmental basis shall be subject to the jurisdiction of the administrative and administrative courts, in accordance with the provisions of the regulatory law of that jurisdiction.

Article four hundred and sixty-five

1. The disciplinary procedure shall be initiated by agreement of the competent authority, either on its own initiative, or at the request of the aggrieved party, or under higher order or on the initiative of the Prosecutor's Office.

2. The Instructor may propose to the Minister of Justice the provisional suspension of the official submitted to disciplinary proceedings, with a hearing of the Prosecutor's Office and the person concerned.

Article four hundred and sixty-six

The competent authority to sanction is to decree cancellation and rehabilitation.

Article four hundred and sixty-seven.

The age-forcible retirement of the Secretaries and other staff at the service of the Administration of Justice shall be sixty-five years.

Article four hundred and sixty-eight

The personnel serving in the Fiscalas may be disciplined, in a disciplinary manner, in the manner set forth in Articles 464 and following of this law, by the organs of the Fiscal Ministry, in accordance with the provisions of its Statute and Regulation.

Article four hundred and sixty-nine

1. Without prejudice to the other provisions of this Title, the Judges and Courts may seek the assistance, collaboration or advice of any officials or technical bodies of the Public Administration, who shall be obliged to lend them.

2. Also, at the request of the General Council of the Judiciary, the membership, to certain courts, of officials belonging to the Technical or Facultative Bodies of the Administration, for permanent performance of the powers referred to in the previous paragraph, which shall remain in the position to be determined by their specific legislation.

Article four hundred and seventy

1. The staff at the service of the Administration of Justice referred to in Article 4 (50) and (9) shall freely exercise the right of association in accordance with the provisions of the general law of the State for officials public.

2. The exercise of the right to strike by the staff referred to in the preceding paragraph shall be in accordance with the general law of the State for civil servants, although it shall in any case be subject to the necessary guarantees for ensure the maintenance of the essential services of the Administration of Justice.

Article four hundred and seventy-one

In competitions for the provision of places in the territory of those Autonomous Communities which have an official language of their own, the knowledge of the latter in the terms to be established shall be assessed as merit regulentarily.

TITLE II

From Judicial Secretaries

Article four hundred and seventy two

The Judicial Secretaries make up a single Body, which shall be governed by the provisions of this law and the organic regulatory standards that develop it.

Article four hundred and seventy-three

1. Judicial Secretaries exercise judicial public faith and assist the Judges and Courts in the exercise of their duties, in accordance with the provisions of this law and in the law of proceedings.

2. It is for them to be the direct head of the staff of the Secretariat, without prejudice to the superior direction of Judges and Presidents.

3. The Secretaries correspond to the keeping and deposit of the documentation, their file, and the preservation of the goods and objects affected to the judicial files, as well as answer of the due deposit, in the legal institutions, of the many quantities and values, consignations and sureties are produced.

4. The confection of judicial statistics will also be in charge.

Article four hundred and seventy-four

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

Article four hundred and seventy-five

For the entry into the Body of Judicial Secretaries the law degree is required and not to be incourseto because of incapacity or absolute incompatibility, to overcome the corresponding selective tests and a course in the Center for Judicial Studies.

Article four hundred and seventy-six

1. The categories of the Body of Judicial Secretaries are three.

2. The seats of the Secretary and Deputy Secretary of Government of the Supreme Court, Secretaries of the Chamber of the High Court, Secretary of Government of the National Court, Secretary of State, shall be provided among the officials of the first category. of the Government of the High Courts of Justice.

3. The Secretaries of the Chambers of the National Court and the High Courts of Justice, of the Provincial Hearings and of Courts served by Magistrates shall be provided among the Secretaries belonging to the second category.

4. The Secretaries of the Courts which are not to be served by Magistrates will be covered with officials of the third category.

Article four hundred and seventy-seven

The entry into the Judicial Secretaries ' Body will take place in the third category.

Article four hundred and seventy-eight

1. One out of every six vacancies in the third category shall be reserved for the staff of the Body of Officers who is in possession of the degree of law and shall carry at least five years of effective service in the that.

2. The selection of applicants for this turn shall be made by contest, on the basis of a pre-established merit scale, on the basis of their academic and professional history, and their seniority.

3. The selected ones will have to pass a course at the Center for Judicial Studies, in the way that it is regulated.

4. Vacancies not covered by this shift will increase to the general shift.

Article four hundred and seventy-nine

1. The Registrar and Deputy Secretary of Government of the Supreme Court shall be appointed, among the Secretaries of the first category who so request, by the Ministry of Justice, on a proposal from the Government Chamber of the Supreme Court, among the petitioners. who have more than 15 years of effective service.

2. The remaining vacancies of the Body shall be announced for transfer between Secretaries of the appropriate category, and the appointment shall be made to the applicant with the best escalafonal position. The square or squares that will be deserted will be provided with those who are promoted to the corresponding category or enter the Body, according to the criteria of seniority.

Article four hundred and eighty

1. The promotion to the first category will be done by contest between Secretaries of the second, which will be resolved in favor of the contestant who has the best position in the ladder.

2. Of each of the three vacancies in the second category, two shall be provided with the Secretaries of the third category to be the first place on the scale, and one by means of selective tests between Secretaries of the third category which have been serving three years of service. The places of this shift that will be deserted will increase to the age shift.

Article four-hundred and eighty-one

1. The vacancies of the Secretaries of the Peace Courts will be announced at the competition between officials of the Body of Officers, covering according to the following order of preference:

(a) Officers who are in possession of the law degree.

b) Official holders of a Peace Court Secretariat.

c) Official Others.

2. The preference within these groups will be produced by the best escalatory post.

Article four hundred and eighty two

1. The Secretaries to be served by members of the Body of Judicial Secretaries of the last category may be covered by temporary provision, which shall be deserted in the transfer competitions and may not be provided until they have been enter new evidence of entry into that Body, where it cannot be adequately addressed by the ordinary replacement mechanism or is insufficient to ensure its regular operation.

2. The provisions of the preceding paragraph shall apply to the Secretaries of the Peace Courts when they become deserted in the transfer competitions.

3. The temporary provision scheme shall be in accordance with the provisions of Title IV of book IV as soon as it is applicable.

Article four hundred and eighty-three

The Secretaries will be replaced with the following rules:

1. The Secretary of Government of the Supreme Court, by the Deputy Secretary and, failing that, by the Secretary of the oldest Chamber.

2. The Secretaries of Government of the other Courts, in turn among the Secretaries of the Chamber.

3. The Secretaries of the Chamber and those of the Provincial Hearings for the others of the Chamber or Hearing and, failing that, for those of the other Chambers or, by an Officer, with preference for the licensed in law.

4. The Secretaries of the Courts shall be replaced with each other within the same judicial order, and where this is not possible or the needs of the service shall be advised, it shall replace the Secretary an Officer, with the preference of the one who holds a law degree.

5. The appointment of a substitute officer of the Registrar, where there is more than one in the Secretariat, shall be the responsibility of the Judge or President, on a proposal, if any, of the President of the Court.

TITLE III

Of Officers, Auxiliary, and Agents

Article four hundred and eighty-four

1. The Officers, Auxiliary and Agents are career officials who serve on the Courts and Courts.

2. They may also perform their duties in the General Council of the Judiciary and the agencies and services of the Administration of Justice.

3. The officers, auxiliaries and agents of the Administration of Justice necessary for the care of the same shall be served in the Fiscalas, according to the template to be established by the Ministry of Justice, heard by the Fiscal Council.

4. In the Courts and Courts they will be under the direction of the Secretary, who will respond to the proper functioning of the Secretariat. The Judge or President, however, holds the highest inspection.

Article four hundred and eighty-five

Officers who provide services in Courts and Tribunals perform the work of processing the cases and others entrusted to them of the same nature, in accordance with the provisions of the laws and regulations; the acts of communication attributed to them by the law and replace the Secretaries when they are not replaced by each other.

Article four hundred and eighty-six

Auxiliaries who provide services in Courts and Courts shall perform the functions of collaboration in the general development of procedural processing, registration, non-resolutive executive tasks, acts of They may replace, where appropriate, the officers, and fulfil those other functions entrusted to them in accordance with the law and regulations.

Article four hundred and eighty-seven

Judicial agents keep and keep Sala; they are executors of the embargoes, launches and other acts whose nature requires it; they carry out the acts of communication not entrusted to other officials; they act as Police Judicial with the character of Agents of the authority; and they deal with the functions of surveillance, custody, porteus and other analogous, related to the function, that can be entrusted to them, within what they establish the regulations.

Article four hundred and eighty-eight

When the Officers, Auxiliary and Agents develop their role in other Centers, agencies and services, they will take care of the tasks themselves of the position assigned to them, which will be analogous to those expressed, in their respective cases, in the previous articles.

Article four hundred and eighty-nine

The Officers, Auxiliary and Judicial Agents are subject to the causes of incompatibility that are provided for in the legislation of incompatibilities of officials at the service of the Public Administrations. In any case they are incompatible:

1. º With the exercise of jurisdictional functions in any Court or Court.

2. All employment, employment or paid occupation, except for teaching or legal research, as well as literary, artistic, scientific and technical production and creation, and publications derived from it, in accordance with the provisions of the legislation on incompatibilities of staff to the service of public administrations.

3. With the exercise of the law or the attorney's office or any other profession that you enable to act before Courts and Courts.

4. With Jobs at the Service of Attorney or Procurator.

5. º With the condition of an insurance agent and employee of the same or an insurance company.

6. With the performance of the positions of manager, counselor, or advisor of companies pursuing lucrative purposes.

7. With the exercise of the expert functions before the Courts and Courts.

8. ° With the Administrative Manager, or employee of the Administrative Manager in these activities.

Four hundred and ninety

Candidates in the Officers ' Corps must have a Bachiller or equivalent degree. In the Auxiliary Body, the School Graduate or equivalent, and in the Agents ' Body, the certificate of education or equivalent.

Four hundred and ninety-one

1. The selection and improvement tests may be carried out in the various judicial territories.

2. Those who will overcome these tests and do not obtain a destination, will be considered aspirants of the respective Bodies and will cover the vacancies that occur in their order.

Four hundred and ninety-two

Officials of the Auxiliary Corps, with at least five years of effective service and no adverse note in the file, which, on the basis of pre-established merit, establish conditions of preparation and The responsibility for the higher charge and the possession of the title of Bachiller or equivalent, may be entered in the Officers ' Body for a restricted duty and in the manner that is determined. Half of the vacancies will be reserved for provision for this shift. Those not covered by this procedure will increase to the free shift.

Four hundred and ninety-three

Legal agents with at least three years of effective service and without an unfavourable note in the file which, according to a pre-established merit, accredit conditions of preparation and responsibility for charge They shall be in possession of the corresponding title, and may enter the Auxiliary Body for a restricted duty, in the form that is determined by law. Half of the vacancies that will occur will be reserved for your provision for this shift. Places not covered by this procedure will increase to the general shift.

Four hundred and ninety-four

1. The provision of vacancies in the Official, Auxiliary and Agents Corps shall be carried out by means of a transfer contest.

2. The seats will be awarded to the most senior applicants for effective services in the body concerned, and those who will be deserted will be covered by those who enter the Corps according to the order obtained in the selection tests.

Four hundred and ninety-five

1. It shall not be possible for the elect or those who are in a position to be present in this law to prevent them.

2. It is also not possible for those who do not take the place to whom they have voluntarily had access to the deadline to be determined, and which shall not be less than one year.

Article four hundred and ninety-six

Each year, at least, selective testing will be called to provide all vacancies that have not been covered in accordance with the provisions of the previous articles.

TITLE IV

From Forensic Physicians and Other Personnel to the Service of the Administration of Justice

Article four hundred and ninety-seven

1. Medical examiners constitute a Body entitled superior to the service of the Administration of Justice.

2. The Judges, Courts and Prosecutors of the population or populations for whom they are appointed shall be immediately ordered.

3. In addition to the provisions of the legislation on incompatibilities of staff to the service of public administrations, it will be, in any case, incompatible with the function of a medical company or an insurance institution, with public charges. They shall not be able to carry out activities that undermine the exercise of their functions.

Four hundred and ninety-eight

1. Medical examiners shall perform technical assistance functions to the Courts, Courts and Fiscalis in the matters of their professional discipline, subject, where appropriate, to the provisions of the procedural laws.

2. It shall be for them, also in accordance with the provisions of those laws, to provide the assistance or the optional supervision of injured or sick detainees under the jurisdiction of those persons, in the cases and in the manner determined by them. laws.

3. Medical examiners shall refrain from intervening as individuals in cases where they may be related to their duties.

Four hundred and ninety-nine

1. Candidates for the Medical Medical Corps must be licensed in Medicine. Their entry shall be made by means of the corresponding selective tests.

2. The Centre for Judicial Studies, with the advice and cooperation of the competent bodies, shall develop the selection and improvement programmes.

Item five hundred

1. The vacant positions of Médecins Forenses will be provided through a competition, which will be resolved in favour of those who have the best position on the ladder.

2. However, where the vacant place is of a particular speciality or requires its performance, in the decision of the contest to be announced, preference shall be given to those who certify the relevant specialisation or meet the requirements. the conditions or merits required, and, in the case of equality, the best placed at the level is preferred.

Article five hundred one

1. The destinations shall be either a population or an Institute of Legal, Regional or Provincial Medicine, with a specification of the position or function to be performed by reason of specialisation.

2. In any case, Forage Groups served by a single Medical Examiner may be created.

Article five hundred two

The award of the deserted places to officials of new income will be made according to the order obtained in the selection tests, according to the requests of the interested parties and the characteristics of the position or specialties of the function.

Article five hundred three

1. The Ministry of Justice, prior to the report of the General Council of the Judicial Branch, has heard, if necessary, the directors of the Institutes of Legal Medicine, the precise rules on the action of the Forensic Doctors will be dictated to the organs of the established in each territorial area and on the basis of those for governmental purposes to certain courts or prosecutors.

2. The membership shall be made to the Courts, Decanates, Hearings, Courts or Fiscalas that are based in the population of the official residence of the Medical Examiner.

Article five hundred four

1. In the capitals of the province in which a High Court of Justice has its seat and there is a Faculty of Medicine, there will be a Regional Institute of Legal Medicine. It shall also exist in those capitals of the province in which Chambers of the Superior Court of Justice have jurisdiction in one or more provinces and there is a Faculty of Medicine. In the other provincial capitals there shall be a Provincial Institute.

2. In the Regional Institutes as well as in the provinces, the Medical Doctors necessary to cover the needs of all the judicial organs of the respective demarcation will be provided by the Provincial Institutes. In addition, the Regional Institutes will provide services to the departments of Legal Medicine, in the manner in which it is regulated.

Article five hundred five

1. The Institute of Toxicology is a technical organ attached to the Ministry of Justice whose mission is to assist the Administration of Justice.

2. In its technical functions, it shall have an independent character and issue its reports according to the scientific research rules it deems appropriate.

3. They are the functions of the Institute of Toxicology.

(a) Issue the reports and opinions requested by the judicial authorities and the Prosecutor's Office.

b) Practice toxicological analyses and investigations ordered by Forensic Physicians and judicial or governmental authorities, or the Ministry of Public Prosecutor's Office.

Article five hundred six

1. At the Institutes of Legal Medicine, both Regional and Provincial, a Medical Examiner will exercise the direction of the Center in the manner that is regulated.

2. They shall provide services to technical health assistants, who shall be selected by specific tests to assess the preparation for the performance of their duties and which may not be intended for more than the following bodies. They shall be assimilated to the Officers of the Administration of Justice.

3. Also, there may be aid, which will also be selected by specific tests and which may not be used more than in the said bodies. The Auxiliary of the Administration of Justice shall be assimilated.

4. Without prejudice to the provisions of the two preceding paragraphs, the Centers shall provide services to the Auxiliary and Agents of the Administration of Justice to determine the template.

Article five hundred seven

1. The Medical Practitioners of the official health services shall replace the Medical Practitioners in the interventions which, in case of urgency, are entrusted to them by the authority, judicial or prosecutor.

2. If necessary, they will help the Medical Doctors.

Article five hundred eight

1. In addition to the officials of the Bodies referred to in the preceding articles, the professionals and experts who are permanent or occasionally necessary to assist them may provide services in the Administration of Justice.

2. The professionals referred to in the previous paragraph may constitute Technical Bodies or specialized Escalas in the service of the Administration of Justice, and their selection, as well as their rights, duties and specific incompatibilities shall be determined without prejudice to the general scheme established for staff in the service of public administrations, without prejudice to the latter.

3. They may also be employed by the Ministry of Justice under employment conditions.

4. In the case of civil servants, they shall act under the functional dependence of the Court or the respective Court.

ADDITIONAL PROVISIONS

First

1. Within one year, the Government will forward to the General Cortes the bills of the Judicial Demarcation Plant, the reform of the tutelary legislation of minors, the litigation-administrative process, the judicial and judicial conflicts. jury.

2. In addition and in the same time, the Government shall approve the Regulations requiring the development of this Organic Law.

Second

1. The Superior Court of Justice will have its seat in the city that indicate the respective Statutes of Autonomy.

2. If you do not indicate it, you will be based in the same city in which you have the existing Territorial Hearing in the Autonomous Community at the date of entry into force of this law.

3. In those Autonomous Communities where there are more than one Territorial Hearing at the time of the entry into force of this law, a law of the Autonomous Community itself shall establish the seat of the Superior Court of Justice in one of the seats of such Territorial hearings, except that the institutions of self-government of the respective Autonomous Community have already established such headquarters in accordance with the provisions of their Staff Regulations.

4. In the other cases, the High Court of Justice shall have its seat in the capital of the Autonomous Community.

Third

1. In those Autonomous Communities in which, at the entry into force of this Law, there is more than one Territorial Hearing, a Chamber of the Administrative-Administrative and other of the Social, is created, in accordance with the provisions of Article 78, integrated into the relevant High Court of Justice. They will have the composition and extend their jurisdiction to the provinces that point out the legislation of plant and demarcation, and its headquarters in the city in which it has it, at the entry into force of this law, one of the Territorial Hearings, provided that it does not the High Court of Justice of the Autonomous Community is to be established.

2. In Santa Cruz de Tenerife, a Sala de lo Social is created and another one of the Administrative-Administrative, integrated in the Superior Court of Justice of the Canary Islands. They will extend their jurisdiction to the province of Santa Cruz de Tenerife, and their composition will be determined in the Law of Plant.

Fourth

Within six months of the entry into force of this law, the constitution of the collegiate body to which it is appropriate to resolve the conflicts of jurisdiction that arise between the Courts and the Administration. The plenary sessions of the General Council of the Judiciary and the Council of State shall appoint members in good time. Once this collegiate body has been established in the seat of the Supreme Court, this will be announced in the "Official Gazette of the State", in order to assume, from the following day, the powers that the Law of Jurisdiction, 17 of In July 1948, he attributed to the Head of State and the Council of Ministers, even with regard to the conflicts that were being dealt with.

Fifth

1. The reform appeal may be brought against all the cars of the Prison Surveillance Judge.

2. The decisions of the Judge of Surveillance in respect of the execution of penalties shall be subject to appeal and complaint to the Court of Auditors, except where they have been issued in order to appeal against an administrative decision which is not refer to the classification of the penalty.

3. The decisions of the Judge of Surveillance in respect of the prison regime and other matters not covered by the preceding number shall be subject to appeal or complaint as long as they have not been issued by way of an appeal against administrative resolution. You will know of the appeal or the complaint the Provincial Hearing that corresponds, because it is situated within its demarcation the prison establishment.

4. The complaint referred to in the earlier numbers may only be brought against the decisions in which the admission of an appeal is refused.

5. The provisions of the Criminal Procedure Law will apply to the resources, even if only the Prosecutor and the Internal Ministry may have recourse to the law, without the latter requiring legal assistance or representation by the Attorney General. how much of the reform resource. In any event, the Prosecutor shall be a party to the resources provided for in this provision.

Sixth

1. The arbitral tribunals of the provinces of Barcelona, Tarragona, Lerida and Gerona are abolished.

2. The jurisdiction to deal with and decide in the first instance the civil proceedings in respect of censuses in Catalonia, regulated by the Law of 31 December 1945, is conferred on the Judges of the First Instance responsible for the place in which the the estate is situated, which shall be aware of this matter through the proceedings of the declaratory judgment corresponding to the amount.

3. The Arbitration Courts of Catalonia, without prejudice to the foregoing paragraphs, will continue the processing of the ongoing proceedings, initiated prior to the entry into force of this law, until its termination, including execution of statements.

4. The respective Provincial Audience will take over the files of the deleted Courts.

Seventh

When the Statutes of Autonomy attribute to the courts located in the Autonomous Community the knowledge of the resources against the qualification of titles subject to registration in a Registry of the Property of the Community, the President of the High Court of Justice shall be responsible for the decision of the appeal. The President shall finally settle in a governmental way when the appeal is founded on the Civil, Foral or Special Private Law of the Autonomous Community. In another case, your decision will be appealable, in accordance with the provisions of the Mortgage Law.

Eighth

1. The jurisdiction to deal with and decide in the first instance the civil proceedings on the challenge of social agreements laid down in the Law of 17 July 1951, on the legal status of the Companies Anonymous, and in Law 52/1974, 19 of December, General of Cooperatives, as well as those who deal with nullity of registration of any of the modalities of the Industrial Property referred to in the Royal Order of 30 April 1930, for which the recast text of the Royal is approved Decree Law of 26 July 1929, on Industrial Property, will be in any case attributed to the Judges of First Instances that are competent according to the same provisions.

2. Their decisions shall be appealed to the competent Chamber, the judgments of which shall, in turn, be subject to an appeal where appropriate in accordance with the Civil Procedure Act.

Ninth

Article 34 of Law 50/1981 of 30 December, which regulates the Statute of the Prosecutor's Office, will be worded as follows:

" The Tax Race categories will be as follows:

1. Second Prosecutors of the Supreme Court Bench, equal to High Court Magistrates. The Chief Prosecutor of the Supreme Court shall have the consideration of President of the Chamber.

2. Prosecutors equated to Magistrates.

3. Second Attorneys-Prosecutors equated to Judges. "

10th

1. The Plant Law will determine the places that, in the Ministry of Justice, will be served by members of the Judicial Race.

2. The seats concerned shall be covered by merit contest, which shall be convened and resolved by the Minister of Justice in a manner determined to be regulated.

11th

The government is authorized to update the amounts of the fines mentioned in the text every five years.

12th

The Government, on the proposal of the Minister of Justice and after the opinion of the Council of State, will approve within one year a new recast text of the Law of Labor Procedure, in which the resulting modifications will be of the legislation following it and to regulate, clarify and harmonise the legal texts recast.

13th

1. The Arbitration Court of Insurance is hereby deleted. The bodies of civil judictional order are attributed to the knowledge of all the litigious matters previously assigned to the jurisdiction of the one.

2. Without prejudice to the foregoing, the Arbitration Court of Insurance shall expressly decide, within the maximum period of one year, all litigation matters pending before it before the entry into force of this Organic Law. A given judgment or, in any event, after the said period of one year, which shall be counted from the entry into force of this Organic Law, the persons concerned may deduct their claims directly from the relevant parties. bodies of civil jurisdiction.

TRANSIENT PROVISIONS

First. -Salas of the Supreme Court's Administrative-Administrative Board.

1. Until the Plant Law enters into force, the three Salas de lo Contentios-Administrative in the Supreme Court will continue to operate.

2. That Law shall govern the situation of those who, on the date of their entry into force, are the Presidents of the said Chambers.

Second. -Supreme Courts of Justice.

1. Within one year, from the entry into force of this law, the High Courts of Justice will be established and, once in operation, the Territorial Hearings will disappear.

2. As long as the Superior Courts of Justice do not enter into operation, the existing Territorial Hearings will remain at the date of entry into force of this law, as well as the Administrative-Administrative Chamber of the Provincial Court of Justice. Santa Cruz de Tenerife.

3. Until the Supreme Courts of Justice enter into operation, the powers that this law confers on its Civil and Criminal Chamber will continue to be held in the Supreme Court chambers that currently have them, except for the Statutes of Autonomy attribute them to the respective Territorial Audience.

4. The Magistrates assigned in the Civil Chambers of the Territorial Hearings shall pass, when they are deleted, to serve in the High Court or the corresponding Audiences of the seat where those are located, of compliance with the criteria laid down in the Plant Law.

5. The Magistrates of the Chambers of the Administrative-Administrative of the Territorial Hearings, when they are deleted, will be integrated in the Chambers of the Administrative-Administrative of the Supreme Courts of Justice.

Third. -Juzlivers of First Instance and Instruction and District Courts.

1. The Government, within the year following the promulgation of the Demarcation Law, heard by the General Council of the Judiciary, will carry out the conversion of the current District Courts into the Courts of First Instance and Instruction, or, if necessary, of Peace, according to the following rules:

1. In the populations where the civil and criminal orders were separated, the District Courts will become the Courts of First Instance and Instruction, served by the same personnel they currently have, except for the entrusted with the exclusive rights of the Civil Registry, which will become the Courts of First Instance.

2. In other populations, whose Courts of First Instance and Instruction shall be served by Magistrates, the District Courts shall become the Courts of First Instance and Instruction and shall continue to provide service on the same as the right holders and other staff on them.

3. In the District Courts to be converted in accordance with the previous rule, the Judges who are the holders of whom, by seniority, shall be promoted, during the period laid down for conversion, shall remain in the category of Magistrates, keeping their number on the ladder in the same Court, not having economic effects the ascent until the conversion takes place. The promoted will be able to opt for the immediate effectiveness of the ascent, with change of destiny.

4. The provisions of the previous rule shall apply in the case of the populations with the Courts of First Instance and Instruction served by Judges, unless, because of the limited amount of work, the removal of the Court or Existing District Courts.

In the latter case, the Judge and Registrar assigned to the Court to be abolished shall, for one time, preferably to fill the vacancies existing at the Court of First Instance and Instruction of the Court of First Instance. place, which, in another case, will be attached in the form and with the functions that, in general, establish the General Council of the Judiciary, until they occupy another square in property in their own Body or Race, in the contests that (a) the rules of procedure shall be revoked and shall be preference to fill vacancies that occur within the same province.

If they do not obtain a destination in the first three contests, they may be forced into the existing vacancies.

The assisting and assisting staff shall be assigned to the Court or Court of First Instance and Instruction to which the District belongs, and shall be given preference to fill the vacancies that occur in them.

5. The District Courts that radiate in populations that are not the head of the judicial party will be turned into Courts of First Instance and Instruction when the needs of the service will be advised, and will continue to be served by the Judges and other staff on them.

The remaining District Courts will be replaced by the Courts of Peace, and the Judge, Registrar and the staff who in those services will enjoy, where appropriate, the provisional membership and preferences established in the rule 4.

6. In those populations in which there are currently two or more District Courts and the Civil Registry is not unified, the Court of First Instance or First Instance and Instruction in charge of take that service.

2. Produced the conversion of Courts referred to in the previous rule, the following rules shall be observed:

1. The District Courts converted into the Courts of First Instance or in the Courts of Instruction will continue to be aware of how many civil and criminal matters have been dealt with, and, since the date of the conversion, they shall begin to understand the civilians or the penalties that correspond to them, by division or by the on-call service.

2. The District Courts converted into Courts of First Instance and Instruction, when other or other of this class exist, shall also continue to be aware of their termination of civil and criminal proceedings. pending, and on the date of conversion, shall take on the knowledge of civil and criminal matters which, by distribution or service, shall correspond to them.

3. The pending cases in the District Courts converted into the Courts of Peace shall be brought to the attention of the respective Court of First Instance and Instruction, except in that which corresponds to the Peace Court.

4. The civil and criminal appeals against the resolutions of the District Courts prior to the date of the conversion shall continue to be brought before the Courts of First Instance and Instruction. Those that are promoted after that date shall be dealt with before the Provincial Court, in accordance with the provisions of this Law.

Fourth. -Juzvers of Minors.

The current Minor Courts will continue to perform their duties until the Child Courts are brought into operation.

Fifth. -Judges and Prosecutors for income and promotion.

1. The entry into force of this law shall be without effect the distinction, within the categories of Judge and Prosecutor, of the degrees of income and promotion.

2. To this end, those who, in accordance with the provisions of the Organic Law 5/1981, of 16 November, of the Integration of the Judicial Career and of the Secretariat of the Administration of Justice, will hold the category and degree of Judges of Income, will remain located in his order, following the last of those that he will hold in the category and degree of the Judge of the ascent, within the scale of the Judicial Race.

Sixth. -Integration of Tax and Income Tax Lawyers.

1. Those who, in accordance with the provisions of Law 50/1981, of 30 December, will hold the category and grade of Attorney for the promotion of promotion, for the purposes of a personal category, and of a Tax Attorney, will be placed, in their order, within the Tax Career, then the last of those who will be in the category and degree of Tax Advocate for promotion.

2. The tax lawyers who have exercised the right of option recognised in the second transitional provision of that law and shall, for the purposes of a personal category, the degree of promotion, shall recover from the entry into force of the This law, all the rights to which they gave up, being able, when they correspond to the promotion to the second category by seniority, choose to continue in the same category, renouncing all the effects of the ascent. Equal right will have the income tax lawyers from the former District Attorney's Office.

3. The three years of effective services in the third category required by Article 37, first, two, of the Organic Statute of the Ministry of Public Health to access the second category through the selective tests, will be understood Income tax lawyers, whether or not they have the degree of promotion in a personal capacity, to the services provided in the category from the entry into force of this law.

Seventh. -Judicial School.

1. At the entry into force of this law, the Judicial School will be renamed the Center for Judicial Studies. Personnel, assets, and economic resources and resources are transferred to the Center for Judicial Studies.

2. The Director, the Head of Studies and the Secretary of the Judicial School shall continue in their duties until the holders of the relevant Executive Bodies of the Centre for Judicial Studies are held.

3. The courses that are being held will be taken up by the Center for Judicial Studies, which will also develop the following courses until their regulation is enacted.

Eighth.-Judges and Magistrates ' situations.

1. The Judges and Magistrates who are in a situation of special or supernumerary leave and who, under this law, are entitled to leave on a voluntary basis, must apply for re-entry into the active service within three months. counted from the entry into force of the Law of Plant. If they do not make a request within the time limit, they shall automatically switch to the status of voluntary leave of interest, with effect from the date of entry into force of this law.

2. Those who are in a position of supernumerary or of voluntary leave and who are responsible for the special services, in that case, shall be considered in the situation corresponding to the entry into force of this Regulation. law, telling them as effective services in the Carrera the time they remained on voluntary leave, corresponding to that of special services, as provided in this Law.

3. Where they cease in the situation of special leave, unless they have obtained a place, they shall be assigned on a provisional basis to the Chambers of the Supreme Court, to those of the High Courts of Justice or to the Hearing, or to the Courts of the population in which they were destined to cease in the active service designated by the respective Board of Government, in accordance with their category and court order in which they served.

4. This membership shall be maintained until the first vacancy of its category and, where appropriate, turn at the Supreme Court, High Courts of Justice, Audits or Courts to which they are attached, which shall be awarded outside the contest on a preferential basis.

5. The period of 10 years referred to in Article 357 (3) shall begin to be counted, for Judges and Magistrates who are on a voluntary leave of absence on the day of entry into force of this Law, from the date of entry into force of this Law. date.

Ninth. -Service Commissions.

The Judges and Magistrates who at the entry into force of this law were in commission in courts, in the Ministry of Justice or in the Ministry of Labour and Social Security, or in any other department the ministerial or administrative body, shall cease in that commission, reintegrating itself to its judicial destination within two months of the entry into force of this law.

10th. -disciplinary procedures.

1. The disciplinary proceedings initiated upon the entry into force of this law shall be adapted to the provisions of the law on jurisdiction, proceedings and remedies.

2. As regards the classification of the facts or conduct and the imposition of sanctions, the principle of non-retroactivity shall apply, unless the provisions of this law are more favourable to the subject of disciplinary proceedings, in the case of same.

11th. -Presidents of the Supreme Court.

The current Presidents of the Supreme Court will continue to hold office until, constituted by the General Council of the Judiciary in accordance with the provisions of this Law, they are ratified or replaced by that within three months.

12th. -Provision of seats in the Supreme Court.

1. Vacancies occurring in the Chambers of the Supreme Court from the entry into force of this law shall be provided in accordance with the provisions of this law, the following rules being applied transiently:

1. The vacancies produced by the cessation of Magistrates not from the Judicial Race will be provided between Lawyers and other jurists of recognized prestige.

2. Vacancies Leaving those from the Judicial Career will be provided as follows:

(a) The first, with the Magistrates having given ten years of services in specialised bodies in the own court and the Chamber in question.

b) The second, with Magistrates meeting the general conditions for access to the Supreme Court.

c) The third, for equal shift, and the fourth, for the same shift as the second.

2. Notwithstanding the foregoing and in respect of the Administrative-Administrative Room, the second and fourth shifts shall be provided in the manner set forth in point (a) of Article 344 of this Law.

3. The above rules shall always apply in such a way that the proportion set out in Article 344 of this Act is not infringed.

4. Where the composition provided for in this law has been achieved, the general rules of provision provided for in this law shall continue to apply.

13th. -Presidents of Territorial and Provincial Hearings.

1. The current Presidents of the Territorial and Provincial Hearings will continue to hold office until, constituted by the General Council of the Judicial Branch in accordance with the provisions of this law, they are ratified or replaced by that law. within three months.

2. The High Courts of Justice shall be established, and those who are the Presidents of the Territorial Hearing shall cease to be in office and the Presidents of that Office shall be appointed.

3. The Presidents of Provincial and Territorial Hearings shall be assigned, respectively, to the Hearing or the High Court and shall be assigned to fill the first vacancy in the Hearing or Court they were attached, if they did not obtain another place, prior to their request.

However, the Presidents of the Territorial Hearings of Madrid and Barcelona, if they cease to be in office, will be attached to the Supreme Court.

14th. -Dean Judges.

The current Dean of Court of First Instance and Instruction in the populations where there are ten or more will continue to hold their positions until the respective Board of Judges makes the choice to which the Article 166 of this law, within two months. If they are not elected or appointed to the office, they shall be assigned, if necessary, to the Hearing of the respective capital until they obtain property.

15th. -Magistrates as opposed to the Administrative-Administrative.

1. The judges who have entered in the Contentious-Administrative Order shall have the right to be promoted by the turn of Article 344 (a) and shall keep the reserve in their favour for two out of five of the five-seat Magistrate's. The Board of the Supreme Court's Administrative Board. Nevertheless, the General Council of the Judiciary will enjoy freedom of discretion, in the promotion, when there are no Magistrates of this class who will meet the legal conditions, or none of them will have sufficient merits for the promotion. Those promoted under the preceding paragraph shall be understood to be understood, for the purposes of the proportion in the composition of the Chamber, in the turn of Article 344 (a) of this Law.

2. The Magistrates referred to in the previous paragraph shall retain the rights recognised in the first provision of Law 17/1980 of 24 April, which provides for the remuneration of civil servants in the service of the judiciary.

3. They shall take precedence over the other members of the Judicial Race for the provision of places of specialists in the Chambers of the Administrative and Administrative Court and of the places in the Courts specialized in such a judicial order in the provided for in Articles 329-2 and 330-2.

4. The Judges of the Administrative-Administrative Office of the Opposition from the Fiscal Race will be in the same situation of voluntary leave and will only be able to occupy places of the judicial-administrative jurisdictional order.

sixteenth. -Alternate Magistrates.

Until the end of the judicial year in which the present law enters into force, the current Alternate Magistrates will continue to serve their positions. Within three months of their entry into force, the Government Chambers shall make a new proposal for alternate Magistrates for the next one, in compliance with the provisions of the latter.

17th. -Job Magistrates ' Body.

1. From the entry into force of this law no contest will be called for entry into the Labour Magistrates ' Body.

2. The current Working Magistrates from the Judicial Career shall be integrated into the same category with the category which they have in it and occupy the post-office position corresponding to them, hereinafter referred to as 'the provision of destinations' and ' promotion of categories, by the provisions of this law.

3. Those who come from the Fiscal Career will be integrated into the Judicial Court, where they will only be able to occupy places of the social order, placing themselves on the ladder with the number bis that corresponds to them because of their seniority in that one, in which remain in a situation of voluntary leave.

4. For the purposes of the preference to cover the places of specialists in the Chambers and Courts of the Social, established in articles 329-2 and 330-2, of this law, the current Labor Magistrates will have it on the other members of the Carrera Judicial.

5. The current scale of the Work Magistrates ' Body will be maintained as an annex to that of the Judicial Race, retaining all of its components the placement, category and seniority they have in it; this scale will determine among them the order of preference for the provision of places in the Social Rooms and in the Courts of the Social.

Eighteenth. -Central Labour Court.

The Central Labor Court will be abolished as soon as the Social Rooms of the National Court and the Superior Courts of Justice enter into operation, which will be established by the law that establishes the plant of the Courts. The following rules apply:

1. The Presidents and Magistrates of the Central Court who, by virtue of the provisions of the previous transitional provision, are integrated into the Judicial Career, will become the Social Room of the National Court and of the Superior Court of Justice of Madrid, as required by the Law of Plant, and if they exceed the establishment plan, an order of preference will be followed in order to attend to the greater seniority in the position, remaining the remaining attached to the Chamber of the Social of the Superior Court of Justice of Madrid until they obtain property. That Chamber shall be aware of all the cases pending in the Central Court, with the exception of those corresponding to the Chamber of the Social of the National Court.

2. The Secretaries of the Chamber and the Government of the Central Labour Court will serve in the Social Room of the National Court and the Superior Court of Justice of Madrid, and if they exceed the The order of preference will be followed in order to take care of the greatest seniority in the post, leaving the remaining members of the Social Room of the Superior Court of Justice of Madrid until they obtain property.

Nineteenth. -Job Magistratures.

1. Until the entry into operation of the Courts of the Social, they will continue to exercise their functions the current Labor Magistrates.

2. As long as the Labor Magistratures continue to operate, the vacant seats will be provided in the form set out in Article 329 of this Act.

Twentieth. -Staff at the service of the labor jurisdiction.

1. The administrative, auxiliary and subaltern staff who, at the entry into force of this law, provide services in the Labour Magistrates or the Central Labour Court, shall continue to provide them with the same bodies and, since establish, in the Courts of the Social and the Social Room of the National Court, subject to the regime that is currently applicable until the Staff Regulations are dictated to the service of the Administration of Justice, which establish the rules for their integration into the various Bodies of the latter.

2. The system of incompatibilities laid down in Article 489 shall apply to the staff referred to in this provision, from the entry into force of this law.

Twenty-first. -Secretaries of the Work Jurisdiction.

On the date of entry into force of the Plant Law, the Body of Secretaries of the Working Jurisdiction shall be integrated into the Body of Judicial Secretaries in accordance with the following rules:

1. The Secretaries of the Working Magistrature, of categories a and b, will become part of the second category of the Body of Judicial Secretaries, escalating by order of the longest service provided in the Body from provenance.

2. The Secretaries from the Working Jurisdiction shall have the preference to occupy the places of the Courts of the Social and in the Chambers of the Social of the National Court or Superior Courts of Justice.

3. At the time when the Social Rooms of the High Courts of Justice are structured and entered into operation, the Secretaries of the Working Jurisdiction of the current category shall be given absolute preference, about those of the b, to serve those.

Twenty-second. -Judicial Secretaries.

1. The entry into force of this Law shall be without effect the distinction, within the third category of the Body of Judicial Secretaries, of the degrees of income and promotion.

2. To this end, those who, in accordance with the provisions of the Organic Law 5/1981 of 16 November, will have the degree of entry of the third category, will be placed, in their order, following the last of those which will have the degree of promotion of the third category, within the scale of the Body of Judicial Secretaries.

3. The Court Secretaries who, under the provisions of the sixth rule of Article 6 of the Organic Law 5/1981 of 16 November, and to occupy a place of lower class than those of which they had acquired the upper class For all purposes, except for economic purposes, they shall retain the same status until they occupy a place in their category.

4. Officials who are in possession of the degree of licentiate in law and who come from the Corps declared to be the extinguishing of officers of the Supreme Court and Audits, Officers of the Courts of Administrative-Administrative and Scale The Technical Body of the Courts, who are in a position to be active at the entry into force of this Law, shall be integrated into the Body of Judicial Secretaries in the third category, following the last one on the, by order of service age.

5. Judicial Secretaries destined for Fiscalas will be provisionally attached to the entry into force of this law, to the Courts and Audiences existing in the same population where they provide services, until they acquire a property in property in the ordinary provision contests, in which they shall be given preference, for a single time, to fill the vacancies which occur at that time.

Twenty-third. -Retributions of Judicial Secretaries.

a) a court of law which is paid exclusively by a tariff or a mixed system of pay by way of salary and tariff participation shall only be charged, since the entry into force of this Law; salaries and allowances in accordance with their category and destination, established as a general rule for the Secretariat, plus 30% of the salary corresponding to them, in terms of gratification, without them being able to receive tariff participation of any kind, and shall be entitled to the perception of liabilities in the form and amount established for civil servants, considering as abonnable services those provided in the Corps from the date of entry.

Twenty-fourth. -Secretaries of the Peace Courts of Municipalities of more than seven thousand inhabitants.

1. Since the entry into force of this law, no more oppositions will be called for the entry into the Body of Secretaries of the Peace Courts of Municipalities of more than seven thousand inhabitants, which is declared to be extinct.

2. The officials of the Body to extinguish the Secretaries of the Peace Courts of Municipalities of more than seven thousand inhabitants who, at the entry into force of this law, are in possession of the degree of licentiate in law, will be integrated into the third category of the Secretariat of the Administration of Justice, covering by strict order of seniority of effective services, by means of specific contest to this Body, the vacancies that at that moment exist in the cited category.

3. The Secretariats of the Peace Courts of populations of more than seven thousand inhabitants, while there are members of the Body referred to this provision that meet the legal requirements to cover them, will be announced, when they will be vaccinated, to contest between the same.

4. Declared deserted a square that will be served by Secretary of the Body of Secretaries of the Peace Courts of Municipalities of more than seven thousand inhabitants for lack of petitioner, will be reserved the square for its provision according to the established in Article 481 of this Law.

5. The officials of the Body declared to extinguish the Secretaries of the Peace Courts of Municipalities of more than seven thousand inhabitants with five years of effective services that, from the entry into force of this law, obtain the bachelor's degree in Right, they may participate in the competitions referred to in Article 478.

Twenty-fifth. -Letters from the Ministry of Justice.

The members of the Judicial Race who will be in a position of supernumeraries, for being active or in special services to the Special Technical Corps of the Ministry of Justice, currently integrated in the Superior Body of the State of the State, if upon entering the active service there is no place in the Ministry of Justice of those referred to in the additional provision of the tenth, shall be attached to the High Court of Justice or Madrid Provincial Hearing until they obtain property on property.

Twenty-sixth. -From the officials of the current Tutelar Courts of Minors.

1. The Escala de Justices unipersonal de menores is declared to be extinct. Its members may continue to occupy a place in the new Courts of Minors of the locality in which they have been serving. In the performance of the jurisdictional duties, the Legal Status of the Judicial Career will be applied to them.

2. Those belonging to the Secretariat of Secretariats of Criminal Courts of Minors will be integrated into the Body of Judicial Secretaries, occupying a number bis according to the age that they will hold in the scale of provenance.

3. The staff who at the entry into force of this law provide services in the Tutelar Courts of Minors will continue to establish them in those organs and since they are established in the Courts of Minors, subject to the regime that at present It is applicable to them, until the Staff Regulations are issued to the service of the Administration of Justice, which shall establish the rules for their integration into the various Bodies of that Administration.

It shall be applicable to the staff referred to in this provision, from the entry into force of this law, to the incompatibilities established in Article 489.

Twenty-seventh. -Juzvers of Hazard and Social Rehabilitation.

1. The current Courts of Hazardous and Social Rehabilitation that have assigned functions of prison surveillance, as well as those that have them exclusively attributed to them, will continue to exercise such functions as Courts of Surveillance Penitentiary until the Plant Law establishes the latter. As of the entry into force of this Law, the said Courts will be called Penitentiary Surveillance and will develop the functions that as such correspond, without prejudice to the respect of the Law of Plant.

2. The functions of danger and social rehabilitation will correspond to the Courts of Instruction. The Court of Instruction in whose territory the presumed danger has been declared in the main manner shall be competent.

3. As long as there is no other thing, the current Sala de Pidagidosity and Rehabilitation Social, constituted in the National Court, will continue to know of the appeals and complaints against the resolutions that dictate the Courts of Instruction in the subject matter referred to in the previous paragraph.

4. The matters under consideration will be resolved by the Court to which it corresponded in accordance with the previous legislation.

Twenty-eighth. -Transitional arrangements for retirements.

1. Magistrates of the Supreme Court, Magistrates, Judges and Prosecutors will retire in accordance with the following transitional regime:

On January 1, 1986, those who were seventy years old.

During 1986, those who are in their seventies.

On January 1, 1987, those who were sixty-nine years old.

During 1987, those who are serving sixty-nine years.

On January 1, 1988, those who were sixty-eight years old.

During 1988, those who are serving sixty-eight years.

On January 1, 1989, those who were sixty-seven years old.

During 1989, those who are serving sixty-seven years.

On January 1, 1990, those who were sixty-six years old.

During 1990, those who are serving sixty-six years.

From January 1, 1991, retirement will be at the age of sixty-five.

2. The members of the other bodies of the administration of justice who, at the entry into force of the law, are more than sixty-two years old and less than sixty-five, shall retire after half of the time at which they have been paid It is missing to be sixty-eight years old. Those who at that date have been 60 and five years of age shall retire within two years of their entry into force, unless they have previously fulfilled the seventies.

Twenty-ninth.

The processes referred to in the eighth additional provision which have been initiated before the date of entry into force of this law shall continue to be processed in accordance with the rules in force at the time of their entry into force. initiation.

30th.

As long as the legislation of Plant and Demarcation does not have anything else, the cities of Ceuta and Melilla will retain the judicial affiliation they have today.

30th first.

Within three months of the entry into force of the Law of Plant and in accordance with the provisions of this law, the Judges of Peace shall be elected, and those who until that time shall be appointed to the Peace Judges shall be elected.

Thirtieth second.

Within the month following the publication of this Organic Law in the "Official Gazette of the State", all members of the Judicial and Personal Career at the service of the Administration of Justice who have not yet done so, shall take the oath or promise provided for, respectively, in Articles 318 and 460 of this Law.

Thirtieth third.

The selective tests and contests to enter the Bodies referred to in this law, for internal promotion or for the provision of vacancies, which are convened to the date of its entry into force, shall be resolved by the body. to whom the judgment was in accordance with the previous legislation.

30th 4th.

As long as the Plant Law is not approved, the existing jurisdictional organs will continue with the organization and competencies that have the date of entry into force of this law.

REPEAL PROVISION

Repeal provision.

1. The following laws and provisions are hereby repealed:

Provisional Law on the Organization of the Judiciary of 15 September 1870.

Additional Law to the Organic Power of the Judiciary of 14 October 1882.

Organic Law of the Labor Magistrates of October 17, 1940.

Municipal Justice Bases Act of July 19, 1944.

Law of July 17, 1947, Organic of the National Corps of Forensic Physicians.

Law of the Jurisdiction-Administrative Jurisdiction, of December 27, 1956, in the individuals who regulate that jurisdiction and the structure of its organs.

Law 11/1966, of March 18, on the organic management of officials of the Administration of Justice.

Law 33/1966 of 31 May on organic reform of the Working Jurisdiction Corps.

The provisions of Law 42/1974, of 28 November, of Bases, Organic of Justice, declared in force by the Royal Decree-Law 24/1976 of 26 November, for which the period for the articulation of the Law is extended 42/1974, of 28 November, of Bases, Organica de la Justicia.

Royal Decree-Law 1/1977, of 4 January, for which the National Court is created.

Royal Decree 2104/1977 of July 29, approving the partial text of the Law of Bases, Organic of Justice, of 28 November 1974, on District Courts and other extremes.

Organic Law 1/1980, of January 10, of the General Council of the Judiciary.

The additional provision of Law 17/1980, of 24 April, establishing the remuneration of civil servants in the service of the Judiciary.

Organic Law 5/1981 of 16 November on the integration of the Judicial Career and the Secretariat of the Administration of Justice.

Organic Law 12/1983, of 16 November, of modification of the jurisdiction of the National Court.

Organic Law 4/1984 of 30 April, amending the 5/1981 of 16 November.

How many other laws and provisions are opposed to what is established by this Organic Law.

2. However, the Organic Law 6/1984 of 24 May, regulating the habeas corpus procedure, is in force.

FINAL DISPOSITION

Final disposition.

This Organic Law shall enter into force on the following day of its publication in the "Official State Gazette".

Therefore,

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

Palacio de la Zarzuela, Madrid, 1 July 1985.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ