1

ACCESSACCESS TO THE TO THE JUDICIAL CAREER IN JUDICIAL CAREER IN

SPAIN SPAIN (articles 298 et seq. of OL 6/1985, of 1st July, on the (articles 298 et seq. of OL 6/1985, of 1st July, on the

Judicial Power)Judicial Power)

2

Judicial Career and Judicial Career and Access Routes Access Routes

(art. 299 OL 6/1985, of 1st July, on Judicial Power (hereinafter, LOPJ)(art. 299 OL 6/1985, of 1st July, on Judicial Power (hereinafter, LOPJ)))

Supreme Court

MagistratesMagistrates

Judges

3

PrinciplesPrinciples(art. 301 LOPJ)(art. 301 LOPJ)

In AccessIn Access MeritMerit AbilityAbility Equality Equality

Gender equality, art. 310 LOPJGender equality, art. 310 LOPJ Disabled equality, art. 301.8 LOPJDisabled equality, art. 301.8 LOPJ

In processIn process Guarantee (of those Guarantee (of those

mentioned above)mentioned above) ObjectivenessObjectiveness TransparencyTransparency

4

Competitive examination

Access to the Access to the category of Judgecategory of Judge

(articles 302-309 LOPJ)(articles 302-309 LOPJ)

Course at Judicial School

+

5

50% Promotion from the category of Judge for reasons of seniority

Access to the category of Access to the category of Magistrate: Channels Magistrate: Channels

(art. 311 LOPJ)(art. 311 LOPJ)

25% Judges passing promotion or specialisation examinations

25% Competition among jurists with more than 10 years of practice

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Acceso a la Carrera Judicial por la categoría de MagistradoAcceso a la Carrera Judicial por la categoría de Magistrado(Reservado a juristas de reconocida competencia con más de diez años de (Reservado a juristas de reconocida competencia con más de diez años de

ejercicio profesional. Art. 311 LOPJ y Acuerdo Pleno 13/10/2005)ejercicio profesional. Art. 311 LOPJ y Acuerdo Pleno 13/10/2005)

1. Assessment of merits according to scale

2. Report

3. Interview

4. Judicial School

Access to Category of Magistrate via competition among jurists: diagram depicting the process

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Access to the category of Access to the category of Supreme Court Magistrate Supreme Court Magistrate

(articles 342-347 LOPJ)(articles 342-347 LOPJ)

Appointed by the Appointed by the General Council of the General Council of the Judiciary (CGPJ):Judiciary (CGPJ):

4/5 from among 4/5 from among MagistratesMagistrates

1/5 from among 1/5 from among prestigious lawyers prestigious lawyers and jurists, with 15 and jurists, with 15 years of professional years of professional practice and sufficient practice and sufficient meritsmerits

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Composition of the Judicial CareerComposition of the Judicial Career (according to access channels)(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

Judges: 86.46%

Magistratesand other

channels: 13.26%

Supreme CourtMagistrates:

0.28%

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Diagram of the Selection ProcessDiagram of the Selection Process

Combined process for access to the Judicial and Justice Prosecution CareersCombined process for access to the Judicial and Justice Prosecution Careers

2. Initial Training Course at the Judicial School

Theoretical stage (approx. 1 year)

Practical stage (approx. 1 year)

1. Competition examination or public competition

1st exercise. Written

2nd exercise. Oral

3rd exercise. Oral

Those that pass can opt for theJudicial or Justice Prosecution Careers

FAILREPEAT COURSE

ONCE ONLY

PASS THE GCJ

MAKES THE APPOINTMENT

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Chairperson Supreme Court/Superior Regional Court Supreme Court/Superior Regional Court

Magistrate or ProsecutorMagistrate or Prosecutor Members

Two MagistratesTwo Magistrates Two ProsecutorsTwo Prosecutors A University ProfessorA University Professor A State AttorneyA State Attorney A Lawyer with over ten years of practiceA Lawyer with over ten years of practice

Secretary Member A first category Judicial SecretaryA first category Judicial Secretary

Selective Process. Selective Process. Marking Tribunals. CompositionMarking Tribunals. Composition

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One hundred questions with four multiple-choice answers, One hundred questions with four multiple-choice answers, only one of which is correct.only one of which is correct.

10 on Constitutional Law10 on Constitutional Law 40 on Civil Law40 on Civil Law 30 on Criminal Law and30 on Criminal Law and 20 on Procedural Law, 20 on Procedural Law,

13 Civil Procedural13 Civil Procedural 7 Criminal Procedural7 Criminal Procedural

Score of between 0 and 100 points.Score of between 0 and 100 points. Correct answers 1.00 pointCorrect answers 1.00 point Incorrect answers 0.33 point deductionIncorrect answers 0.33 point deduction Unanswered questions will not be marked.Unanswered questions will not be marked.

Selective Process.Selective Process.First exerciseFirst exercise

Duration: two and Duration: two and a half hoursa half hours

Exempt: those that passed Exempt: those that passed the second exercise in one of the second exercise in one of the previous two editionsthe previous two editions

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Oral presentation of 5 topics in public hearing:Oral presentation of 5 topics in public hearing: One on Constitutional Law, of 25 on the syllabusOne on Constitutional Law, of 25 on the syllabus Two on Civil Law (one from between numbers 1 and 49 Two on Civil Law (one from between numbers 1 and 49

and the other from between numbers 50 and 96 on the and the other from between numbers 50 and 96 on the syllabus)syllabus)

Two on Criminal Law (one from between numbers 1 and Two on Criminal Law (one from between numbers 1 and 23 and the other from between numbers 24 and 58 on 23 and the other from between numbers 24 and 58 on the syllabus).the syllabus).

Selective Process.Selective Process.Second exerciseSecond exercise

Duration: 60 minutes, Duration: 60 minutes, maximum 12 mins. per maximum 12 mins. per

topictopicExempt: those that exceeded Exempt: those that exceeded the average mark minus one the average mark minus one point of the second exercise point of the second exercise in the previous editionin the previous edition

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Oral presentation on 5 topics in public hearing:Oral presentation on 5 topics in public hearing: Two on Civil Procedural Law (one from between Two on Civil Procedural Law (one from between

Topics 1 to 29 and the another from between Topics Topics 1 to 29 and the another from between Topics 30 to 57), 30 to 57),

One on Criminal Procedural Law (37)One on Criminal Procedural Law (37) One on Mercantile Law (21)One on Mercantile Law (21) One on Administrative Law (14) or Industrial Law (13)One on Administrative Law (14) or Industrial Law (13)

Selective Process.Selective Process.Third exerciseThird exercise

Duration: 60 minutes, Duration: 60 minutes, maximum 15maximum 15

minutes per topicminutes per topic

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Number of vacancies announcedNumber of vacancies announced

0

50

100

150

200

250

300

350

400

1995 1996 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Judge vacancies Prosecutor vacancies

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Candidates / Post RatioCandidates / Post Ratio

5.00

10.00

15.00

20.00

25.00

30.00

35.00

40.00

45.00

1995 1996 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Candidates/ Post Ratio

16

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