Vice President of the Supreme Court (Spain)

Last updated
Vice President of the Supreme Court
Escudo de Espana (mazonado).svg
Coat of Arms of Spain
Incumbent
Francisco Marín Castán
since 25 June 2020
Supreme Court of Spain
Style The Most Excellent
Member of Supreme Court of Spain
Reports to President of the Supreme Court
Seat Salesas Reales Convent, Madrid
Nominator General Council of the Judiciary
Appointer Monarch
Term length 5 years, renewable
Constituting instrumentAct 4/2013
Formation2013;10 years ago (2013)
First holder Ángel Juanes Peces
Website www.poderjudicial.es

The Vice President of the Supreme Court is the second highest authority of the Supreme Court of Spain and its main duty is to support and replace the President as head of the Court. The vice president is appointed by the Monarch after being nominated by the General Council of the Judiciary at the proposal of the president of the council. It has a term of five years.

Contents

As the second authority and the main assistant to the president, the legislation established that the vice president is the person responsible for replacing the president in cases of vacancy, absence, illness or other legitimate reasons. [1] The office of vice president was created in 2013 and it must not to be confused with the Vice President of the General Council of the Judiciary. The office of Vice President of the Supreme Court was created to replace the CGPJ Vice Presidency. Likewise, the president may delegate in the vice president the superior direction of the Technical Office of the Supreme Court, as well as other functions, but always for a justified reason. [1] [2]

The vice president, due to the fact of being it, is a born member of the Governing Chamber of the Supreme Court and it is responsible for proposing to the Chamber and to the president the adoption of those decisions aimed at guaranteeing the correct functioning of the Supreme Court, as well as ensuring the exact execution of the agreements adopted by the Governing Chamber. [1]

Currently, the office of Vice President of the Supreme Court is vacant after the retirement of the first and only vice president, Ángel Juanes Peces. [3] Due to the impossibility of a new appointment, the CGPJ has distributed the powers of the vice president between the magistrate Ángel Calderón, who assumes the functions related to the vice presidency of the Supreme Court (as the senior chamber chair), and the member of the CGPJ, Rafael Fernández Valverde, who assumes the functions related to the CGPJ. [4] Ángel Calderón retired on June 12, 2020 and Jesús Gullón assumed the interim vice presidency. He retired on June 25, assuming the office Francisco Marín Castán.

History

Origin

The office of Vice President of the Supreme Court was created in 2013 to replace the office of Vice President of the General Council of the Judiciary. According to the 2013 law that created it, "the existence of a Vice President is particularly important to the Supreme Court, due to that in the last thirty years the CGPJ has almost completely absorbed the time of the successive Presidents, de facto depriving the former of a unitary presidency". That is to say, the office of Vice President of the CGPJ was useless because the Council occupied most of the time of the president and the vice president had no duties. Moreover, the Supreme Court remained on numerous occasions without his head. [1]

Vice President of the CGPJ

Like said before, the office of Vice President of the Supreme Court must not to be confused with the office of Vice President of the GCPJ, and the current Supreme Court' Vice President is never the Vice President of the GCPJ. The president, however, it is. The office of GCPJ Vice President existed from 1985 to 2013. Its main task was to replace the president of the council and it was appointed by the Monarch at the request of the CGPJ by a majority of three fifths.

From its creation to its suppression, six people held the position of Vice President of the CGPJ:

  1. Adolfo Carretero Pérez (1985)
  2. Manuel Peris Gómez (1985–1990)
  3. José Luis Manzanares Samaniego (1990–1996)
  4. Luis López Guerra (1996–2001)
  5. Fernando Salinas Molina (2001–2008)
  6. Fernando de Rosa Torner (2008–2014)

First holder and vacancy

The first holder of the office was appointed by the Plenary of the General Council of the Judiciary in January 2014. Supreme Court' President Carlos Lesmes nominated Ángel Juanes Peces, a magistrates that was serving as President of the National Court since 2009 and before as member of the Military Chamber of the Supreme Court from 2005 to 2009. [5] The 5-years-term of Juanes was expected to end in January 2019 but because of the impossibility of renew the General Council of the Judiciary because of the parliament deadlock, the Plenary of the Council agreed to extend his term until October 2019, when Juanes reached the mandatory retirement age. [6]

In October 2019, the President of the Supreme Court approved the mandatory retirement of Juanes [3] and he temporary divided the powers of the office between two positions: the Chair of the Military Chamber, Ángel Calderón, and the magistrate and member of the CGPJ, Rafael Fernández Valverde. The first one assumed the powers related with the Supreme Court, while the second one assumed the powers related with the council. [4]

Appointment

According to the Organic Act of the Judiciary of 1985, amended in 2013 to include the figure of the vice president, the vice president will be elected in the first ordinary Plenary meeting of the General Council of the Judiciary (CGPJ). To be appointed vice president, the Plenary must approve the candidate chosen by the President of the Supreme Court by absolute majority. If this majority is not reached, the president must propose another candidate. [2]

In order to be a candidate, the candidate must have the status of Magistrate of the Supreme Court, be on active duty and meet the requirements to be President of a Supreme Court Chamber. The application must be public and communicated to the members of the CGPJ one week in advance. [2]

Dismissal

In accordance with Section 589 of the Organic Act of the Judiciary, apart from the end of the term of office, the vice president may be dismissed by the Plenary of the council with a justified reason if approved by three fifths of it.

List of vice presidents

Since 2013, only one person has held the office:

  Acting vice president
NºNombreInicioFinal
1º Ángel Juanes Peces 8 January 2014 [7] 22 October 2019 [3]
- Ángel Calderón Cerezo 22 October 201912 June 2020 [8]
- Jesús Gullón Rodríguez 12 June 202025 June 2020 [9]
- Francisco Marín Castán 25 June 2020Incumbent

Related Research Articles

<span class="mw-page-title-main">Baltasar Garzón</span> Spanish former judge (born 1955)

Baltasar Garzón Real is a Spanish former judge. He served on Spain's central criminal court, the Audiencia Nacional, and was the examining magistrate of the Juzgado Central de Instrucción No. 5, which investigates the most important criminal cases in Spain, including terrorism, organised crime, and money laundering. In 2011, he was suspended from judicial activity and in 2012 he was convicted of illegal wiretapping and disbarred for a period of 11 years. During this time, Garzón legally assisted Julian Assange.

<span class="mw-page-title-main">Supreme Tribunal of Justice (Venezuela)</span> Venezuelan supreme court

The Supreme Justice Tribunal is the highest court of law in the Bolivarian Republic of Venezuela and is the head of the judicial branch. As the independence of the Venezuelan judiciary under the regime of Nicolás Maduro is questioned, there have recently been many disputes as to whether this court is legitimate.

<span class="mw-page-title-main">General Council of the Judiciary</span>

The General Council of the Judiciary is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">High Court of Justice of Galicia</span>

The High Court of Justice of Galicia is the highest body and last judicial instance in the Galician jurisdiction, integrating the Spanish judiciary. Together with the Parliament of Galicia and the Galician Government, the TSXG is one of the three main institutions representing Galicia's self-government, as established and regulated by the Galician Statute of Autonomy of 1981.

Ángel Juanes Peces is a Spanish retired judge who served as the first Vice President of the Supreme Court from January 2014 to October 2019. From 2009 to 2014 he was President of the Audiencia Nacional.

<span class="mw-page-title-main">President of the Constitutional Court (Spain)</span>

The president of the Constitutional Court of Spain is the head of the Constitutional Court, the highest body with the power to determine the constitutionality of acts of the Spanish central and regional governments. It is defined in Part IX of the Constitution of Spain, and further governed by Organic Laws 2/1979. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters.

<span class="mw-page-title-main">Carlos Lesmes</span> Spanish magistrate and prosecutor

Carlos Lesmes Serrano is a Spanish magistrate and prosecutor who served as president of the Supreme Court and president of the General Council of the Judiciary (CGPJ) from 2013 to 2022. Since December 2018, he served in acting capacity in both posts, as his mandate expired at the time and the renovation of the CGPJ was blocked from then on. He is seen as a Conservative jurist with a religious background.

The President of the Supreme Court and also President of the General Council of the Judiciary is the highest judicial authority of the Kingdom of Spain and holds the representation of the judicial branch and its governing body, the CGPJ. The office of President of the Supreme Court is foreseen in the Constitution as well as giving to the president the presidency of the General Council of the Judiciary. As a parliamentary monarchy, the President of the Supreme Court is appointed by the Monarch after being nominated by the Plenary of the General Council of the Judiciary, who serves until the end of its 5-years-term, its dismissal by the CGPJ or its resignation.

<span class="mw-page-title-main">High Court of Justice of Cantabria</span>

The High Court of Justice of Cantabria (TSJC), is the highest court of the Spanish judiciary in the Autonomous Community of Cantabria. Established pursuant to Title VIII of the Spanish Constitution, it has original jurisdiction over cases against high-ranking officials of the autonomous community and appellate jurisdiction over all cases. The TSJC decisions may be appealed to the Supreme Court. It also has entrusted the resolution of conflicts of competence between courts in Cantabria. The Court has the power of judicial review over norms with lower rank than the law of the regional administrations.

<span class="mw-page-title-main">Margarita Robles</span> Spanish judge and politician (born 1956)

María Margarita Robles Fernández is a Spanish judge and politician, currently serving as Minister of Defence since June 2018. From November 2019 to January 2020, she served as Acting Minister of Foreign Affairs.

<span class="mw-page-title-main">Julián Sánchez Melgar</span> Spanish judge and prosecutor

Julián Artemio Sánchez Melgar, is a Spanish judge and prosecutor currently serving as magistrate of the Second Chamber of the Supreme Court. He was the 90th Attorney General of Spain from December 2017 to June 2018. Because of being attorney general he was also member of the Council of State. He is considered a Magistrate with a conservative profile.

<span class="mw-page-title-main">Prosecution Ministry</span>

The Prosecution Ministry is a constitutional body integrated into the Judiciary of Spain, but with full autonomy. It is entrusted with defending the rule of law, the rights of the citizens, and public interest, as well as watching over the independence of the courts of justice.

<span class="mw-page-title-main">Manuel Marchena</span> Spanish judge and prosecutor

Manuel Marchena Gómez is a Spanish judge and prosecutor. He currently serves as Magistrate of the Supreme Court and Chairman of the Criminal Chamber of the Supreme Court.

<span class="mw-page-title-main">Gonzalo Moliner</span> Spanish judge

Gonzalo Moliner Tamborero is a retired Spanish judge. He served as the 47th President of the Supreme Court and 7th President of the General Council of the Judiciary from July 23, 2012 to December 11, 2013. Moliner was elected President to complete the 5-year-term of the Council after the resignation of Carlos Dívar.

The Judiciary of Mexico officially the Judicial Power of the Federation is one of the three branches of government in Mexico, and the sole federal judiciary power. It is composed of the Supreme Court of Justice of the Nation, which serves as its highest court, the Federal Judiciary Council, the Federal Electoral Tribunal, regional courts, circuit and appellate collegiate courts, and district courts.

<span class="mw-page-title-main">César Hinostroza</span> Peruvian judge, lawyer and fugitive

César Hinostroza is a Peruvian judge, lawyer, and fugitive who was a judge in the Peruvian Supreme Court from 2 January 2017 until his escape on July 11, 2018, in the midst of the political crisis in Peru. He is known for being involved in the CNM Audios scandal, a corruption scandal which led to his escape. When he escaped on 17 October, he was arrested following a warrant by Interpol, but was provisionally released on April 11, 2019.

Francisco Marín Castán is the President of the Civil Chamber of the Supreme Court. He assumed the office in February 2021 after Juan Antonio Xiol Ríos. He is also the acting President of the Supreme Court since 2022 and acting Vice President of the Supreme Court since June 2020. Francisco Castán, a professor of procedural law and magistrate. He is a member of the Francisco de Vitoria Association of Judges and Magistrates which he previously served as acting president of the aforementioned Supreme Court.

<span class="mw-page-title-main">Spanish General Council of the Judiciary blockade</span>

The institutional blockade of Spain from 2018 to 2023 are a series of ongoing events that have occurred in Spain since December 2018 after the end of the mandate of the General Council of the Judiciary (CGPJ), the governing body of the Judiciary in Spain and the subsequent blockade of the renewal of the body by the political parties represented in the Spanish Parliament.

References

  1. 1 2 3 4 "Organic Act 4/2013, of June 28, on the reform of the General Council of the Judiciary, which modifies the Organic Act 6/1985, of July 1, on the Judiciary". www.boe.es. Retrieved 2019-10-19.
  2. 1 2 3 "1985 Organic Act of the Judiciary". www.boe.es. Retrieved 2019-10-19.
  3. 1 2 3 Judicial, El Confidencial (2019-10-24). "El cargo de vicepresidente del TS se mantendrá vacío hasta después del 10-N". El Confidencial Judicial (in Spanish). Retrieved 2019-11-03.
  4. 1 2 "Como ya avanzó Confilegal, Ángel Calderón y Rafael Fernández ejercerán las vicepresidencias del TS y del CGPJ en funciones hasta la renovación". Confilegal (in Spanish). 2019-10-25. Retrieved 2019-11-03.
  5. ↑ "C.G.P.J - En Portada". www.poderjudicial.es. Retrieved 2019-11-03.
  6. ↑ "Ángel Juanes, vicepresidente del Supremo, prorrogado por el Pleno del CGPJ hasta su jubilación". Confilegal (in Spanish). 2019-01-31. Retrieved 2019-11-03.
  7. ↑ "Ángel Juanes, vicepresidente del Supremo por unanimidad". ELMUNDO (in Spanish). 2013-12-20. Retrieved 2019-10-19.
  8. ↑ Poder Judicial [@PoderJudicialEs] (12 June 2020). "Hoy se jubila el presidente de la Sala Quinta y vicepresidente en funciones del Tribunal Supremo t.co/4nSixTkdQS" [Today the president of the Fifth Chamber and acting vice president of the Supreme Court retires] (Tweet) (in Spanish). Archived from the original on 12 June 2020. Retrieved 13 December 2022– via Twitter.
  9. ↑ Poder Judicial [@PoderJudicialEs] (25 June 2020). "Hoy se jubila el presidente de la Sala Cuarta y vicepresidente en funciones del Tribunal Supremo, Jesús Gullón t.co/uXcVnFiyoM" [Today the president of the Fourth Chamber and acting vice president of the Supreme Court, Jesús Gullón, retires] (Tweet) (in Spanish). Archived from the original on 25 June 2020. Retrieved 13 December 2022– via Twitter.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.