The Judicial Council
Twenty-one members administer the judiciary. Thirteen are residents drawn by lot, and they form the majority in every formation of the Council. Eight are judges elected by the judges of the Republic.
Article 207(1): the Council administers the judiciary, and it is independent of the Assembly, of the executive committees, of the planning bodies and of the courts.
Article 207(2): the Council in no case decides a case, reviews a judgment, instructs a judge or exercises influence over the outcome of any proceeding.
Article 209(2): the members drawn by lot hold the majority in every formation of the Council, including its disciplinary panels and its appointment boards.
Functions
| Function | Provision |
|---|---|
| Conducts the competitions by which judges are recruited | Article 208(1), through Article 202 |
| Appoints judges | Article 208(1) |
| Confirms the justices drawn to the Constitutional Court | Article 208(1), through Article 217 |
| Confirms every person drawn to an oversight office | Article 237(1) |
| Constitutes the disciplinary panels | Article 206(3) |
| Maintains the assignment system by which cases reach judges | Article 201 |
| Publishes the statistics of the courts | Article 208(1) |
| Proposes to the Assembly the resources the judiciary requires | Article 208(1) |
| Appoints the head of the prosecution service | Article 208(2), through Article 224(2) |
Publicity of proceedings
Sittings are public and transmitted, open to journalists by right. Article 213(2) requires deliberations to be recorded and the record published within seven days, with the votes by name and the reasons of every member who dissents. Article 213(4) forbids deliberation in secret and voids a decision taken in a sitting closed to the public.
Where the Council meets another organ
| Organ | Matter |
|---|---|
| Constitutional Court | Confirms each justice drawn, and applies to that Court for the removal of a member of an oversight office under Article 239(1). It alone may remove a resident member of the Council. |
| Judicial Inspectorate | Opens the disciplinary proceedings the Council hears. Article 214(3) forbids the Council to appoint, instruct, remunerate, discipline or remove it. |
| Prosecution service | Its head is appointed by the Council by open competition, for a single term of seven years. |
| Electoral Commission | Conducts the draws by which the resident members of the Council are chosen, under Article 244(3). |
| Audit Office | Audits the records of the Council annually, and publishes the audit in full. |
| National Court | Judges of every level stand for the eight elected seats, and Article 211(2) allows no level more than three of them. |