The bench
The bench has fifteen justices, drawn by lot in public session from a public register, confirmed by the Judicial Council, each serving one term of twelve years.
Justice in office Vacancy
Five justices are replaced every four years. The next cohort is drawn on 19 October 2026 from a pool of 864 persons.
The pool
Article 218(1): the pool consists of residents holding the qualification in law that organic law fixes, who have practised, judged, prosecuted, taught or conducted legal research for no fewer than fifteen years, and who have entered their names in a public register.
Article 218(2): entry is open to every person satisfying that paragraph, is verified by the Judicial Council upon published criteria alone, and refusal is appealable to the Court in plenary.
The Constitution disqualifies members of the Assembly, members of executive committees, delegates to planning bodies, officers of parties and federations, and the other holders it lists. The register is public, and the Electoral Commission publishes the composition of the pool on the day of each draw.
The draw
Article 217(1): justices are drawn by lot from the pool, in public session, by a verifiable procedure whose method and code are published.
Article 217(2): the Judicial Council confirms each person drawn, and may refuse only upon a finding of incapacity, of a disqualification under Article 218(3), or of an interest incompatible with the office, by reasoned and public decision, whereupon a fresh draw is held.
Article 217(3): the Council may refuse no more than two persons for any one vacancy, and the third person drawn takes office by operation of law.
Article 217(4): the Assembly, an executive committee, a planning body, a party, a federation and a court take no part in the selection or confirmation of a justice.
An independent body verifies annually that the draws of Article 201, Article 210 and Article 217 were conducted as published, and its report is public.
Term, independence and removal
| Matter | Rule | Basis |
|---|---|---|
| Term | Twelve years, single, non-renewable. No person serves twice. | Article 219(1) |
| Staggering | Five justices replaced every four years | Article 219(2) |
| Independence | Subject to the Constitution and the law alone. No organ and no person may instruct a justice. | Article 193(1) and (2) |
| Liability | No liability for the content of a decision, except upon an offence established by final judgment | Article 193(3) |
| Incompatibilities | With a seat in the Assembly, membership of an executive committee, delegation to a planning body, the offices of Title IX, and the others Article 204(3) lists | Article 204(3) |
| Declarations | Filed on taking office and annually, verified and published by the Office of Democratic Integrity | Article 204(4) |
| Removal | By the Court in plenary alone, on a majority of two thirds, for incapacity or a grave breach established after a public hearing | Article 219(4) |
The declarations of every justice are published on the register kept by the Office of Democratic Integrity.
Recusal
A justice withdraws from a case in which their impartiality may reasonably be doubted, and a party may seek disqualification by reasoned application, decided by the other justices. Article 201(3) permits reassignment after allocation for recusal, disqualification, illness, absence or the closure of a division, and only by a written and published order stating the ground, made by a panel of three judges and recorded in the register.
Four recusals were recorded in the period. Each order is published with the ground stated.