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Supreme Court Magistrates

ACCESS TO THE JUDICIAL CAREER IN SPAIN (articles 298 et seq. of OL 6/1985, of 1st July, on the Judicial Power). Judicial Career and Access Routes (art. 299 OL 6/1985, of 1st July, on Judicial Power (hereinafter, LOPJ) ). Supreme Court Magistrates. Magistrates. Judges.

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Supreme Court Magistrates

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  1. ACCESS TO THE JUDICIAL CAREER IN SPAIN (articles 298 et seq. of OL 6/1985, of 1st July, on the Judicial Power)

  2. Judicial Career and Access Routes (art. 299 OL 6/1985, of 1st July, on Judicial Power (hereinafter, LOPJ)) Supreme Court Magistrates Magistrates Judges

  3. Principles(art. 301 LOPJ) In Access Merit Ability Equality Gender equality, art. 310 LOPJ Disabled equality, art. 301.8 LOPJ In process Guarantee (of those mentioned above) Objectiveness Transparency

  4. Access to the category of Judge(articles 302-309 LOPJ) Competitive examination + Course at Judicial School

  5. Access to the category of Magistrate: Channels (art. 311 LOPJ) 50% Promotion from the category of Judge for reasons of seniority 25% Judges passing promotion or specialisation examinations 25% Competition among jurists with more than 10 years of practice

  6. 4. Judicial School 3. Interview 2. Report 1. Assessment of merits according to scale Access to Category of Magistrate via competition among jurists: diagram depicting the process Acceso a la Carrera Judicial por la categoría de Magistrado (Reservado a juristas de reconocida competencia con más de diez años de ejercicio profesional. Art. 311 LOPJ y Acuerdo Pleno 13/10/2005)

  7. Access to the category of Supreme Court Magistrate (articles 342-347 LOPJ) Appointed by the General Council of the Judiciary (CGPJ): 4/5 from among Magistrates 1/5 from among prestigious lawyers and jurists, with 15 years of professional practice and sufficient merits

  8. Composition of the Judicial Career(according to access channels) Data as of 1st January 2009 (CGPJ Report), out of a total of 4,609 judges and magistrates: Judge category (Open Stage): 3,985 Magistrates and other channels category (Third and Fourth Stage, ACs, Military Justice, etc.): 611 Supreme Court Magistrates (Fifth Stage): 13 Supreme Court Magistrates Magistrates: and other channels: 13.26% 0.28% Judges: 86.46%

  9. 1. Competition examination or public competition 2. Initial Training Course at the Judicial School Theoretical stage (approx. 1 year) 1st exercise. Written Practical stage (approx. 1 year) 2nd exercise. Oral 3rd exercise. Oral Those that pass can opt for the Judicial or Justice Prosecution Careers Diagram of the Selection Process • Combined process for access to the Judicial and Justice Prosecution Careers PASS THE GCJ MAKES THE APPOINTMENT FAIL REPEAT COURSE ONCE ONLY

  10. Selective Process. Marking Tribunals. Composition • Chairperson • Supreme Court/Superior Regional Court Magistrate or Prosecutor • Members • Two Magistrates • Two Prosecutors • A University Professor • A State Attorney • A Lawyer with over ten years of practice • Secretary Member • A first category Judicial Secretary

  11. Selective Process.First exercise One hundred questions with four multiple-choice answers, only one of which is correct. • 10 on Constitutional Law • 40 on Civil Law • 30 on Criminal Law and • 20 on Procedural Law, • 13 Civil Procedural • 7 Criminal Procedural • Score of between 0 and 100 points. • Correct answers 1.00 point • Incorrect answers 0.33 point deduction • Unanswered questions will not be marked. Duration: two and a half hours Exempt: those that passed the second exercise in one of the previous two editions

  12. Selective Process.Second exercise • Oral presentation of 5 topics in public hearing: • One on Constitutional Law, of 25 on the syllabus • Two on Civil Law (one from between numbers 1 and 49 and the other from between numbers 50 and 96 on the syllabus) • Two on Criminal Law (one from between numbers 1 and 23 and the other from between numbers 24 and 58 on the syllabus). Duration: 60 minutes, maximum 12 mins. per topic Exempt: those that exceeded the average mark minus one point of the second exercise in the previous edition

  13. Selective Process.Third exercise • Oral presentation on 5 topics in public hearing: • Two on Civil Procedural Law (one from between Topics 1 to 29 and the another from between Topics 30 to 57), • One on Criminal Procedural Law (37) • One on Mercantile Law (21) • One on Administrative Law (14) or Industrial Law (13) Duration: 60 minutes, maximum 15 minutes per topic

  14. Judge vacancies Prosecutor vacancies 400 350 300 250 200 150 100 50 0 1995 1996 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Number of vacancies announced

  15. Candidates/ Post Ratio 45.00 40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 1995 1996 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Candidates / Post Ratio

  16. Number of successful candidates in Competitive Examinations 2005-2008

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