France, Italy or Belgium have bodies such as the Council where judges elect their peers and in Germany there is greater political intervention
The appointment system of the General Council of the Judiciary (CGPJ) underlies as one of the key issues for the renewal of the body. The reactivation of the negotiation between PSOE and PP depends on the modification of the current regulations, which dates back to 1985. The 20 members that make up the CGPJ are chosen by the Cortes Generales (Congress and Senate) from among judges and jurists of recognized prestige. This requires a three-fifths majority.
Twelve members come from a previous list selected by the judicial career, which is not binding, and another eight are jurists of recognized competence (lawyers, prosecutors, court clerks, solicitors or notaries). The recommendation of the European Union and the demand of the PP go through changing the law so that at least the judges directly elect their peers. But, are there similar bodies in neighboring countries? What is your appointment system?
Germany
Without a judicial council and with the intervention of political power
It lacks a body such as the CGPJ and the system of electing the judicial leadership is carried out through other mechanisms, with direct intervention of the executive and legislative powers. The members of the five federal courts (Supreme, Social, Contentious-Administrative, Labor and Treasury) are appointed by a 32-member council, supervised by the Federal Ministry of Justice. It is made up of the 16 ministers of the branch of the states and another 16 members elected by the Bundestag, the lower house.
In the Constitutional Court, the 16 magistrates are appointed by the Bundestag and the other half by the Bundesrat, the upper house. Both are elected by a two-thirds majority, but in the lower house it is not directly but through a committee of 12 members, elected in turn by parliament by proportional representation. Finally, at the regional level there are different ways to select judges: in some states there are committees made up in part of judges; in others the members are elected by parliaments; and in others there are mixed committees.
United Kingdom
A mixed nomination committee with some autonomy
The Constitutional Reform Act of 2005 created the figure of the Supreme Court and took away from the House of Lords the ability to exercise last resort. But, above all, it put an end to the archaic mechanism by which the Crown appointed judges, who then had to obtain the approval of the Minister of Justice (Lord Chancellor). A new institution was created: the Judicial Appointments Commission (JAC), which is independent in nature although attached to Justice. It is made up of 15 members: twelve of them are chosen through a public competition based on merit and the remaining three are nominated by the Judicial Council. Of the 15 members of the JAC, six are judges, two are lawyers, five have no direct relationship with the justice system, and one works in the judicial system.
Among its functions is the appointment of magistrates of the Supreme Court, of other judicial instances and support for the selection of positions related to the Judicial Administration. The Lord Chancellor can veto the JAC candidate, who will insist or propose another candidate.
France
A higher council and two plural chambers to nominate
The Superior Council of the Judiciary (CSM), which assists the President of the Republic, is made up of two chambers. The first names the so-called “headquarters magistrates” (judges) and the second, the “parqué magistrates” (prosecutors). The first is made up of 15 people: the president of the Court of Cassation (Supreme Court), six magistrates elected by their peers, a State Councilor, a lawyer and six external personalities appointed by the political power. The second chamber is also directed by the president of the Court of Cassation and is made up of five prosecutors and a judge elected by their peers, the State Counselor, a lawyer and the same external personalities as the first chamber. The mandates are four years non-renewable.
The CSM can make binding proposals to appoint nearly 400 judges, including the president of the Court of Cassation and the Court of Appeals. For the rest of the judges, it is the Minister of Justice who proposes, but the opinion of the CSM is binding. In the case of prosecutors, it is the Minister of Justice who appoints them. The Council also has a disciplinary and ethical function.
In addition, there is the Court of Justice of the Republic, which is responsible for judging the members of the Executive except the president, who enjoys immunity. This court is made up of 15 judges, twelve of whom are elected by the chambers: the National Assembly and the Senate.
Italy
A council dominated by judges, who elect their peers
The Judiciary is supervised by the Superior Council of the Judiciary (CSM), the body that must ensure that judges enjoy independence. Presided over by the head of state, the CSM is made up of 26 members, including the president and the attorney general of the Court of Cassation (Supreme Court). Of the remaining 24, 16 are appointed by the magistrates themselves, with the different jurisdictions having to be represented, and the other eight by Parliament, which can only appoint jurists of recognized competence: academics and lawyers. Like the CGPJ in Spain, the CSM pronounces on bills and makes recommendations.
Belgium
A mixed system to monitor independence
The Superior Council of Justice came into operation in 2000 to strengthen judicial independence. This body is independent of the legislative and executive powers and is made up of 44 members. Its composition is shared equally between Flemish and Francophones. Half of the members are magistrates elected by their peers and the rest is completed with jurists of recognized prestige, including eight lawyers, eight members of civil society and six academics. These are proposed and elected by the Senate, through a qualified majority of two thirds. The Council is renewed every four years and among its functions is the designation of the members of the judicial leadership.
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