President of the Supreme Court of Spain

President of the Supreme Court
and the General Council of the Judiciary
Coat of Arms of the
General Council of the Judiciary
Incumbent
Carlos Lesmes Serrano
since December 11, 2013
Member of Supreme Court and General Council of the Judiciary
Seat Salesas Reales Convent, Madrid
Nominator General Council of the Judiciary
Appointer King of Spain
Term length 5 years, 2 terms limit
Constituting instrument Constitution of 1978
Formation 1812 (Supreme Court)
1978(General Council of the Judiciary)
First holder Ramón Posada y Soto
Unofficial names Chief of the Judiciary
Deputy Vicepresident of the Supreme Court and of the General Council of the Judiciary
Salary 131.454,38 € [1]
Website poderjudicial.es

The President of the Supreme Court and also President of the General Council of the Judiciary, is the first judicial authority of the Nation and holds the representation of the Judicial Power and its governing body (CGPJ), corresponding to the treatment and honors inherent to that condition.[2]

The current holder of the office is Carlos Lesmes Serrano since 2013.[3]

Functions

According to Article 598 of the Organic Law of the Judiciary, the President is entitled to:[4]

  • To represent the General Council of the Judiciary.
  • Summon and chair the meetings of the Plenary and the Permanent Committee, deciding the ties with a vote of quality.
  • To fix the agenda of the meetings of the Plenary and of the Permanent Committee.
  • To propose to the Plenary and to the Permanent Committee any questions it deems appropriate regarding their competence.
  • To Propose the appointment of lawyers to prepare the resolution or issue of a matter.
  • To Authorize with its signature the agreements of the Plenary and of the Permanent Committee.
  • To exercise the superior direction of the activities of the technical organs of the General Council of the Judiciary.
  • To direct the institutional communication.
  • To carry out the proposal of the Magistrate, of the Second or Third Chamber of the Supreme Court, competent to know the authorization of the activities of the National Intelligence Center that affect the fundamental rights recognized in article 18.2 and 3 of the Constitution, as well as of the Magistrate of said Chambers of the Supreme Court that replaces him in case of vacancy, absence or impossibility.
  • Appoint and dismiss the Director of the Office of the President and the Director of the Office of Communication, as well as the eventual staff in the service of the President.
  • To propose to the Plenary the appointment of the Vice-President of the Supreme Court, the General Secretary and the Deputy General-Secretary, as well as, in the last two cases, agree its cessation.
  • The President can assign tasks to specific vowels or working groups provided that this assignment is not permanent or indefinite.

According to article 589, it also corresponds to the President:[5]

  • To Propose a Vice-President of the Supreme Court.

Subordinations

From the President of the Supreme Court depends on the Cabinet of the Presidency, headed by a Cabinet Director who chairs the incumbent President, will exercise others duties that the President entrusts him and directs the Services of Secretariat of Presidency, both the Supreme Court and the General Council Of the Judicial Branch.[6]

Election

In accordance with the provisions of Article 586 of the Organic Law of the Judiciary, to be elected President of the Supreme Court and the General Council of the Judiciary:

«It will be necessary to be a member of the judicial profession with the category of Magistrate of the Supreme Court and to meet the conditions required to be President of Chamber of the same, or to be a jurist of recognized competence with more than twenty-five years of seniority in the exercise of his profession.»

The president is elected in the Plenary of the Council if he has obtained the confidence of three fifths of the members of the Plenary. If this was not the case, a second ballot would be held between the two candidates most voted in the first ballot, and the one who obtained the most support would be elected president. Once elected, the election will be communicated to the King who will definitely appoint him to be president. Subsequently, this will end the inauguration with an oath before the monarch.[7]

Cessation

Pursuant to article 588 of the Organic Law of the Judiciary, the President of the Supreme Court and the General Council of the Judiciary shall cease for the following reasons:[8]

  1. Due to the expiration of his term of office, which will be deemed exhausted, in any case, on the same date as the one of the Council for which he was elected.
  2. By resignation.
  3. By decision of the Plenum of the General Council of the Judiciary, because of notorious incapacity or serious breach of the duties of the position, appreciated by three fifths of its members.

List of Presidents of the Supreme Court and the CGPJ

Since 1812 there have been numerous presidents of the Supreme Court, however, the General Council of the Judiciary is relatively younger. This is the list of presidents who have had the Council since the foundation and who also have been presidents of the Supreme Court:

  • 41º Federico Carlos Sainz de Robles y Rodríguez (1980-1985)
  • 42º Antonio Hernández Gil (1985-1990)
  • 43º Pascual Sala Sánchez (1990-1996)
  • 44º Francisco Javier Delgado Barrio (1996-2001)
  • 45º Francisco José Hernando Santiago (2001-2008)
  • 46º Carlos Dívar Blanco (2008- 2012)
  • 47º Gonzalo Moliner Tamborero (2012-2013)
  • 48º Carlos Lesmes Serrano (2013-)[9]

See also

Notes

  1. ↑ Altos Cargos: Retribuciones, indemnizaciones y declaraciones de bienes. Tribunal Supremo.
  2. ↑ Article 585. Organic Law of the Judicial Power.
  3. ↑ Royal Decree 979/2013, of December 10, by which Carlos Lesmes Serrano is appointed President of the Supreme Court and the General Council of the Judiciary.
  4. ↑ Article 598. Organic Law of the Judicial Power.
  5. ↑ Article 589. Organic Law of the Judicial Power.
  6. ↑ Article 594. Organic Law of the Judicial Power.
  7. ↑ Article 586. Organic Law of the Judicial Power
  8. ↑ Article 588. Organic Law of the Judicial Power.
  9. ↑ Carlos Lesmes toma posesión como presidente del CGPJ y del Tribunal Supremo
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