The reception of the Judiciary government in the Spanish Constitution: forty years about the General Council of the Judiciary Articles uri icon

publication date

  • April 2018

start page

  • 353

end page

  • 391

international standard serial number (ISSN)

  • 0211-979X

abstract

  • The Spanish Constitution of 1978 established the General Council of the Judiciary, as an organ for the Judiciary government. Since of its creaction on 1980,this organ has been objet of a constant process of reforming that shows how the Conuncil hasn't achieved to find its place in institutional system and how this organ couldn't consolidate itself under a stable model. The last most important reform, the Organic Law 4/2013, reforming the CGPJ, has introduced in a reformulation of the structure and functions of the Council, and a new way of election of its members, thus constituting. This paper presents the evolution and the changes about of Council in forty years of constitutional vigence and analyzes the reform, the new position and place of Council and its organs, the doubts on the functioning of the Council, and the questions that today remain open.

keywords

  • Judicial power; Judiciary overnment; Judicial Council; General Council of the Judiciary; Judicia Independence; Guaranties of Independence; Constitutional and legal regulation; Separation of powers; Division of powers