JURISDICTIONAL PERSONNEL

INDEX

1. Selection system until 1985.2. Selection system from 2003.2.1. Judges.2.2. Senior Judges2.3. Senior Judges for the Supreme Court (TS)2.4. Senior Judges for the Superior Courts of

Justice (TSJ)

Selection system until 1985.

• Competitive examinations.

• “Third turn”: degree in law and proof of certain numbers of years working in the legal profession (lawyers). Possibility banned by modification of LOPJ in 2003.

Selection system from 2003.Judges.

First Phase:-Candidates must pass a competitive exam “oposición”.-Same exam for Judges and Public Prosecutors.-Once candidate has passed the exam he must choose: Judge or Public Prosecutor.

Selection system from 2003.Judges.

Second phase:

-Formal studies in theoretical and procedural subjects at Judicial Schools in Barcelona: 9 months theoretical, and 6 month practice as assistant judge.

Selection system from 2003.Judges.

Requisites:

All applicants must be:-Spanish-more than 18 years old-with no criminal or adverse reocords.

Selection system from 2003.Judges

Special applications:-People with a certain degree of disability, but no more than 33% and compatible with the performance or their duties as judges.

Selection system from 2003.Judges

Examining Tribunal:Panel of 9 members:President: Supreme Court/Superior Court of Justice Senior Judge.8 members: 2 senior judges, 2 public prosecutors, 1 University Professor, 1 State Lawyer, 1 Lawyer with more that 10 years in legal profession.Clerk: Judicial Clerk.

Senior Judges

-By promotion.

-By specialization.

-By prestige.

Senior JudgesPromotion.

Professional Judges with at least three years of professional standing.

The judge can refuse to be promoted. In that case he must stand as judge two more years.

The right to refuse can only be exercised three more times.

Senior JudgesPromotion.

Promotion is obtained by exam of merits.

Fundamental criterion: long standing service.

Senior JudgesSpecialization

Favor the professional promotion through specialization in one of the specific branches of law (civil, criminal, administrative, employment)

Favor judges and senior judges with sufficient experience and knowledge to carry out their functions.

Senior JudgesSpecialization

• Judge specialized in a specific branch of law• Suitability of the candidate.• At least two years of standing.• Exam of merits

Senior JudgesPrestige

1. Any legal practitioner with more than 10 years of professional experience (one out of five, also known as “fourth turn).2. One third of vacancies is reserved for Judicial ClerksThey all must take training courses at Judicial School.

Senior Judges for the Supreme Court

-By proof of ten years of standing as senior judge.

-By way of exam of merits: through selection test specialization.

-By prestige: legal practiotioners with more than 15 years in the legal profession (also known as “fith turn”

Senior Judges for the Superior Courts of Justice (TSJ)

For Civil and Criminal Chamber.

By prestige: Jurist with more than 10 years in legal profession (One out of three vacancies)