Judiciary Act

It should be noted that, once the Courts of Instance have been established and implemented in an effective manner, the generic references made in the present Organic Law to the Courts and Tribunals shall be understood as referring to the latter or to the judges, judges, magistrates and magistrates serving in them, as provided for in the first additional provision of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Includes correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present,

Know: That the Cortes Generales have passed and I come to sanction the following Organic Law:

EXPOSURE OF GROUNDS

I

The Article 1 of the Constitution affirms that Spain is a social and democratic State of law that advocates freedom, justice, equality and political pluralism as the higher values of its legal system.

The rule of law, by fundamentally implying the separation of the powers of the State, the rule of law as an expression of popular sovereignty, the subjection of all public powers, the Constitution and to the rest of the legal system and effective procedural guarantee of fundamental rights and public freedoms, it requires the existence of organs that, institutionally characterized by their independence, have a constitutional place that allows them to execute and apply impartially the norms that express the will of the people, to subject all public authorities to compliance with the law, to monitor the legality of administrative action and to offer all persons effective protection in the exercise of their rights and legitimate interests.

The judiciary is the body responsible for carrying out this function. Title VI of our Constitutionestablishing it as one of the three branches of government and entrusting it exclusively with the exercise of judicial authority in all types of proceedings, judging and enforcing the courts, in accordance with the rules of jurisdiction and procedure established by law.

The Article 122 of the Spanish Constitution the Organization of the Judiciary Act shall determine the constitution, functioning and administration of the courts and tribunals, the legal status of the judges and career magistrates, who shall form a single body, and of the staff in the service of the administration of justice, as well as the status and regime of incompatibility of the members of the General Council of the Judiciary and their functions, in particular in matters of appointment, promotion, inspection and disciplinary regime.

The demands of constitutional development demanded the adoption of an Organic Law regulating the election, composition and functioning of the General Council of the Judiciary, even before the integral organization of the judiciary. Such an organic law is, in a few respects, provisional and explicitly recognized in its transitional provisions, which refer to the future Organization of the Judiciary Act.

The present Organic Law therefore meets a twofold objective: it puts an end to the situation of provisionality that has existed so far in the organization and functioning of the judiciary and fulfils the constitutional mandate.

II

At present, the judiciary is regulated by the Provisional Law on the Organization of the Judiciary of 18 September 1870, by the Law Additional to the Organization of the Judiciary of 14 October 1882, by the Law on the Basis for the Reform of the Municipal Justice of 19 July 1944 and by numerous laws and regulations that were subsequently issued in a dispersed manner in relation to the same subject matter.

These rules do not meet the demands of Spanish society today. From the liberal regime of separation of powers, then recently conquered, which promulgated those laws, a century later, a social and democratic State of law, which is the political organization of a nation that wishes to establish an advanced democratic society and in which the public authorities are obliged to promote conditions for the freedom and equality of the individual and groups to be real and effective, to remove obstacles that prevent or hinder their fullness and to facilitate the participation of all citizens in political, economic and social life. The fulfilment of these constitutional objectives requires a judicial branch adapted to a predominantly industrial and urban society and designed in response to changes in the territorial distribution of its population, in the social division of labour and in the ethical conceptions of citizens.

In addition to all this, the remarkable transformation that has taken place through the work of the Constitution, in the territorial distribution of power. The existence of Autonomous Communities which are assigned by the Constitution and the Statutes have powers in relation to the Administration of Justice and require amendments to the legislation in force in this regard. So much. the Constitution as the Statutes of Autonomy provide for the existence of the Superior Courts of Justice which, according to our Magna Carta, the judicial organization in the territorial area of the Autonomous Community will be completed.

The inescapable and irreplaceable need to accommodate the organization of the judiciary with these constitutional and statutory provisions is therefore an imperative that justifies the adoption of this Organic Law.

Finally, it should be noted that this is only one of the rules that, together with many others, has to update the Spanish legislative body – both substantive and procedural – and adapt it to the legal, economic and social reality. This will require hard work to reform Spanish legislation, part of which has already been undertaken, in order to achieve a harmonious whole characterized by its uniformity.

III

The broad lines of the Act are expressed in its preliminary title. It reflects the principles enshrined in the Constitution. The first of these is independence, which constitutes the essential characteristic of the judiciary as such. Their demands are carried out through specific mandates that precisely define their exact content. Thus, it is stated that independence in the exercise of the judicial function extends to all, even to the courts themselves, which means that neither the judges nor the courts themselves can correct, except in the course of the legal remedy, the actions of their subordinates, and that the possibility of circulars or instructions in general and relating to the application or interpretation of the law is also excluded.

The way in which the Organic Law regulates the independence of the judiciary can be said to possess one characteristic: its fullness. Fullness resulting from the obligation imposed on public authorities and individuals to respect the independence of the judiciary and from the absolute removal of the legal status of judges and magistrates from any interference from other branches of government, in such a way that the classic guarantee – constitutionally recognized – of immobility is supplemented by a regulation, which excludes any competence of the executive power to apply the organic status of judges and magistrates. Thereafter, the professional career of judges and magistrates shall be fully and regulated by the rule or shall depend, with absolute exclusivity, on the decisions taken by the General Council of the Judiciary within the statutory discretion.

The importance that the full independence of the judiciary will have in our legal system must be assessed by complementing it with the character of the whole with which the law gives jurisdictional power. The courts, in effect, control without exception the regulatory authority and administrative activity, thus avoiding any action by the executive branch to be subject to the control of an independent power and subject exclusively to the rule of law. It must be agreed that the rule of law proclaimed in the Constitution As an organization governed by the law that expresses the will of the people and as a system in which the Government of men is replaced by the rule of law, it reaches the maximum potentiality possible.

Corolaires of judicial independence are other precepts of the preliminary title that reflect their different perspectives. Thus, the unity of the jurisdiction, which is therefore absolute under the constitutional mandate, is, with the sole exception of the competence of the military jurisdiction, which is limited to the strictly military sphere regulated by law and to the situations of a state of siege; the power granted to judges and tribunals to require the cooperation of individuals and public authorities; and, finally, the regulation of the procedure and guarantees provided for therein, for the cases of expropriation of the rights recognized against the public administration in a final judgement.

IV

One of the characteristics of the Spanish Constitution is the overcoming of the purely programmatic character that was once assigned to constitutional norms, the assumption of direct and immediate legal effectiveness and, as a summary, the position of indisputable supremacy that it enjoys in the legal system. All this makes of our Constitution a directly applicable rule, with preference to any other.

All these characters derive from the very tenor of the Constitutional text. Firstly, Article 9.1 which stipulates that 'citizens and public authorities are subject to the Constitution and the rest of the order.’ Other constitutional provisions, such as the one repealing all provisions Constitutional text or that which regulates the procedures for declaring unconstitutional, complete the effect of the aforementioned paragraph 1 of Article 9 and close the system that makes the Carta Magna the supreme norm of our system with all the legal effects inherent in it.

The preliminary title of the present Organic Law singles out in the judiciary the generic link between the Article 9.1 of the Constitutionproviding that the laws and regulations shall be applied in accordance with constitutional principles and precepts and in accordance with the interpretation thereof by the Constitutional Court. This confirms the importance of the values advocated by the Constitution as superiors, and all the other general principles of law derived from them, as a source of law, which gives the system fully the characteristics of completeness and coherence that are required of it and guarantees the effectiveness of the constitutional precepts and the uniformity in their interpretation.

Furthermore, it provides that the question of unconstitutionality shall be dealt with only if it is not possible to accommodate, through interpretation, the contested rule with the constitutional mandate. This strengthens the link between the judge and the fundamental rule, and introduces into this subjection a dynamic element of active protection, which transcends mere passive respect for the Supreme Law.

The value of the Constitution as the supreme norm of the order is also manifested in other complementary precepts. Thus, the violation of the constitutional provision is considered as a sufficient ground for the appeal and the direct applicability of fundamental rights is expressly mentioned, with explicit protection of the essential content of which it safeguards. the Constitution.

V

The State organizes itself territorially, for judicial purposes, in municipalities, parties, provinces and autonomous communities, over which courts of the peace, courts of first instance and investigation, administrative, social, prison and juvenile supervision, provincial courts and higher courts of justice have jurisdiction. The National High Court and the Supreme Court exercise jurisdiction over the whole national territory.

The Act contains important innovations here. Thus, the procedure for appointing the Justices of the Peace is democratized; the District Courts, which are transformed into courts of first instance or of investigation, are created as one-person courts for the Disputes, as well as the Social Courts, which replace the latter from the Labour Courts; the Provincial Courts are given jurisdiction in civil matters; and, finally, the area of the National High Court is changed, creating a Social Chamber, and maintaining the Criminal and Administrative Chambers.

However, the most relevant modifications are those derived from the territorial configuration of the State in Autonomous Communities that it makes the Constitution and that, logically, is projected on the territorial organization of the judiciary.

The Organic Law meets constitutional and statutory requirements in this respect. Thus, and as the most relevant decisions, the Superior Courts of Justice are created, which will culminate the judicial organization in the Autonomous Community, which implies the disappearance of the Territorial Hearings that have existed until now as supra-provincial courts of non-national scope.

In addition to this, the regulation of the autonomous communities' recognized participation in the delimitation of territorial demarcations and the powers assigned to them in relation to the management of material resources should be added.

With this new judicial organization, which is in need of the development that will be carried out by the future Law on the Judicial Plant and Demarcation – which the Government undertakes to refer to the Cortes Generales within one year–, the aim is to make available to the Spanish people a network of judicial bodies that, together with the greatest possible immediacy, will guarantee, above all, the effective realization of the fundamental rights recognized in the Article 24 of the Spanish Constitutionincluding, notably, the right to a public trial without undue delay and with all guarantees.

VI

To guarantee the independence of the judiciary, the Constitution creates the General Council of the Judiciary, to which the Government entrusts it, and refers to the Organic Law the development of the norms contained in its article 122.2 and 3.

In fulfilment of these mandates, this Organic Law grants the General Council all the powers necessary for the application of the organic status of judges and magistrates, in particular in the area of appointments, promotions, inspection and disciplinary regime. The Law conceives the powers of inspection of courts and tribunals, not as mere repressive activity, but rather as a power incorporating elements of improvement of the organization being inspected.

For the election of the twelve members of the General Council of the Judiciary which, according to the Article 122.2 of the Spanish Constitution, they must be elected “from among Judges and Judges of all judicial categories”, the Law, informed by a democratic principle, on the basis that it is the governing body of a State power, recalling that the powers of the State emanate from the people and in view of the character of representatives of the sovereign people held by the Cortes Generales, attributes to them the selection of such members of judicial origin of the General Council. The demand for a highly qualified three-fifths majority – to which the Constitution it requires for the election of the other members – at the same time that absolute coherence with the general character of the democratic system guarantees the convergence of diverse forces and prevents the formation of a General Council that responds to a concrete and conjunctural parliamentary majority. The Act also regulates the status of members of the Council and the composition and powers of the bodies in which it is established. The majority required for the nomination of the President of the Supreme Court and the General Council of the Judiciary and other institutional positions is also strengthened. Finally, the Dispute Chamber of the Supreme Court is empowered to hear appeals against the acts and provisions of the plenary or disciplinary commission of the General Council of the Judiciary which are not subject to appeal.

It should be added that the entry into force of this Organic Law will mean the repeal of the Act of the same nature 1/1980 of 10 January, whose provisionality has already been revealed.

The Organic Law amends the system of designation of the Government Chambers, partially introducing elective methods. This is advised by the governmental and non-jurisdictional functions that they are called upon to perform, as well as by the new competences that this same Organic Law assigns to them. Under these conditions, since the activity of the Governing Chambers is primarily of a judge and does not have a direct impact on individuals, a partial system of open and majority elections is adopted, in which personal knowledge of electors and electors plays a significant role.

The realization of the principles of pluralism and participation that the Government of the Judiciary intends to imbue requires a profound modification of the current regulation of the right of professional association that the Article 127.1 of the Constitution recognizes Judges, Judges and Prosecutors. The existing transitional regime of freedom of association contains unjustified restrictions which are put to an end. Hence, this Organic Law recognizes the right of free professional association with the only limitation of not being able to carry out political actions or have links with political parties or unions. Professional associations shall be validly constituted once they are registered and shall be brought to that effect by the General Council of the Judiciary.

VII

The practical realization of the constitutionally recognized right to effective judicial protection requires as an indispensable budget that all the courts be provided with their corresponding holders, judges or magistrates. Very serious damage occurs to legal security, to the right to a trial without delay, when the courts and tribunals are vacant for long periods of time, with the corresponding backlog of pending cases and delay in the administration of justice. This has led to recourse to formulas for substitutions or extensions of jurisdiction, especially in those territories where there is a progressive and increasing increase in labour. It is therefore unmistakable to face and solve such a problem.

The facts show that the classic mechanisms for selecting judicial personnel do not allow the Spanish company to be endowed with judges in sufficient numbers. It was therefore necessary to resort to complementary mechanisms. To this end, the Organic Law provides for a system of access to the judicial career of jurists of recognized standing. This will enable, first, meeting the needs and filling vacancies that otherwise could not be; secondly, incorporating those who, in other legal fields, have proved capable of offering accredited capacity and competence into such a relevant role as the judiciary; finally, achieving between the judicial career and the rest of the legal universe osmosis that will, in good faith, occur when they are integrated into the judiciary who, because they have exercised the law in other sectors, will bring different perspectives and incorporate different sensitivities into an exercise characterized by conceptual richness and diversity of approaches. The requirements, and the fact that the same guarantees of objective and rigorous selection that govern the classic path of free opposition will operate here, ensure simultaneously the impartiality of the elector and the ability of the elected one. In short, this is not the only way to incorporate into our selection system mechanisms that have been successfully experienced in old times not only in several countries, but also among ourselves, and precisely in the Supreme Court.

However, the basic system of entry into the judicial career remains that of free opposition between law graduates, supplemented by the approval of a course in the judicial study centre and with the practice in a court of law.

Access to the level of Judge is verified in the following proportions: in each four vacancies, two judges will be provided with the first place in the rank within the rank; the third, through selective tests and specialisation in administrative and social contentious orders between the Judges; and the fourth, by competition between lawyers of recognized competence and with more than ten years of exercise.

With regard to the system of provision of destinations, the seniority criterion continues to be the basic criterion for courts, courts and tribunals. This does not preclude, however, the introduction, as a system of promotion in the judicial career, of specialization which is, on the one hand, necessary in view of the magnitude and complexity of the legislation of today and, on the other hand, desirable as soon as it introduces elements of encouragement in order to the continuous formation of judges and magistrates.

In addition, the regulation of the judicial career is carried out on the basis of the basic criterion of its approval with the common rules that govern the rest of the public officials, maintaining only those peculiarities that derive from their specific function.

VIII

The first four books of the Act regulate the organization, government and regime of the organs that make up the judiciary and its governing body. Books V and VI establish the basic regulatory framework for those other bodies, bodies of officials and professionals who, without integrating the judiciary, collaborate in various ways with it, making possible the effectiveness of its protection in the terms established by the Constitution.

The Act refers first to the Office of the Public Prosecutor, whose task is to promote the action of the judiciary in defence of legality, citizens ' rights and the public interest, and to ensure the independence of the courts and the satisfaction of the social interest as provided for by the Act. Article 124 of the Constitution.

It also establishes the Law on the Role of Lawyers and Attorneys, which reserves the direction and defence of the representation of the parties, since it is for them to guarantee legal assistance to the citizen in the proceedings, on a mandatory basis when required and, in any case, as a right to defence and legal aid expressly recognized by the Constitution.

The Judicial Police, as an institution that cooperates with and assists the Administration of Justice, is empowered by the establishment of functionally dependent units of the judicial authorities and the Public Prosecutor ' s Office.

The Act also regulates personnel serving the Administration of Justice, including the Secretaries, as well as the Forensic Doctors, Officers, Assistants and Agents, all bodies of officials who assist and collaborate with the Judges and Courts in their respective functions.

The functions of the Secretaries deserve special regulation in Title IV of Book III, since they are the duty of the public judiciary at the same time as the organization and promotion of the procedure, and their functions of procedural management are strengthened.

In addition to the basic provisions on the structure and functions of the corps of officers, auxiliaries and agents, as well as of forensic doctors, the Act provides for other technicians to be able to serve the administration of justice, constituting bodies and scales, or under employment contract. The aim is to ensure and strengthen the structure of the staff in the service of the judicial bodies and their increasingly necessary specialization.

IX

The citizen is the addressee of the Administration of Justice. The Constitution This Act establishes the principles of orality and publicity, which emphasize the necessary immediacy to be developed in the procedural laws and, together with this, regulates for the first time the State's patrimonial responsibility that may arise from judicial error or the abnormal functioning of the Administration of Justice, without prejudice to the individual responsibility of judges of a civil, criminal and disciplinary nature, thus complementing a fully responsible judiciary.

X

The additional, transitional and final provisions of the Act regulate the problems of its synchronous application, making it possible to adapt the existing judicial organization to which this Act establishes and expressly foresees the development laws to be implemented in full by the new organization of the judiciary.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

PRELIMINARY TITLE

The judiciary and the exercise of judicial authority

Article 1.

Justice emanates from the people and is administered on behalf of the King by judges and magistrates who are members of the judiciary, independent, unmovable, responsible and subject only to the Constitution and the rule of law.

Article 2.

1. The exercise of judicial authority, by trying and enforcing the court, is the exclusive responsibility of judges, judges and courts determined by law and international treaties.

2. Judges, judges and courts shall not exercise any functions other than those referred to in the preceding paragraph, and any other functions expressly assigned to them by law in guarantee of any right.

It is amended by art. 1.1 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by the sole article 1 of Organic Law 8/2011 of 21 July. Ref. BOE-A-2011-12627.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 3.

1. Jurisdiction is unique and is exercised by the judges, judges and courts provided for in this organic law, without prejudice to the jurisdictional powers recognized by the Constitution to other organs.

2. The organs of military jurisdiction, which is a member of the State judiciary, base their organization and operation on the principle of judicial unity and administer justice in the strictly military sphere and, where appropriate, on matters established by the declaration of the state of siege, in accordance with the Constitution and the provisions of the military criminal, procedural and disciplinary laws.

Paragraph 1 is amended by Article 1.2 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by the sole article 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 4.

The jurisdiction extends to all persons, to all matters and to the entire Spanish territory, in the form established in the Constitution and in the laws.

Article 4 bis.

1. The Judges and Courts shall apply the law of the European Union in accordance with the case law of the Court of Justice of the European Union.

2. Where the Courts decide to raise a European question for a preliminary ruling, they shall do so in accordance with the case-law of the Court of Justice of the European Union and, in any event, by order after hearing the parties.

It is added by article 2 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 5.

1. The Constitution It is the supreme rule of the legal system, and it binds all Judges and Courts, who shall interpret and apply laws and regulations in accordance with constitutional principles and precepts, in accordance with the interpretation thereof resulting from decisions rendered by the Constitutional Court in all types of proceedings.

2. Where a judicial body considers, in any proceeding, that a rule of law applicable to the case, on whose validity the judgement depends, may be contrary to the Constitutionshall bring the matter before the Constitutional Court, in accordance with the provisions of its Organic Law.

3. An approach to the question of unconstitutionality should be taken when it is not possible by way of interpretation to accommodate the rule in the constitutional order.

4. In all cases where the law provides for an appeal of cassation, it shall be sufficient to substantiate the violation of the constitutional provision. In this case, the competence to decide the appeal shall always lie with the Supreme Court, irrespective of the subject matter, the applicable law and the court order.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 5 bis.

An appeal for review may be lodged with the Supreme Court against a final judicial decision, in accordance with the procedural rules of each court order, where the European Court of Human Rights has found that the decision has been rendered in violation of any of the rights recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the violation, by its nature and gravity, entails continuing effects and cannot cease in any other way than by such review.

It is added by article 3 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 6.

Judges and tribunals shall not apply regulations or any other provision contrary to the Constitutionto the law or to the principle of regulatory hierarchy.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 7.

1. The rights and freedoms recognized in Chapter 2 of Title I of the Constitution they bind, in their entirety, all Judges and Courts and are guaranteed under their effective guardianship.

2. In particular, the rights set forth in Article 53.2 of the Constitution in any case, shall be recognised in accordance with its constitutionally declared content, without the judicial decisions being able to restrict, impair or inapplicability of such content.

3. Judges and judges shall protect legitimate rights and interests, both individual and collective, without in any case defencelessness. In order to defend the latter, the legitimacy of corporations, associations, trade unions and groups that are affected or legally empowered to defend and promote them will be recognized.

Paragraph 3 is amended by Art. 1.3 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 8.

The courts control the regulatory power and legality of administrative action, as well as the subjection of administrative action to the purposes justifying it.

Article 9.

1. Judges and judges, as well as the courts, shall exercise their jurisdiction only in cases in which they are assigned by this or other law.

2. Judges and judges, as well as civil courts, shall hear, in addition to the matters which are their own, all those which are not attributed to another court order.

In this civil order, the Military Jurisdiction shall be responsible for the prevention of trials of testamentaría and of abintestato of the members of the Armed Forces who, in a situation of armed conflict, die in campaign or navigation, limiting themselves to the practice of the assistance necessary to arrange the burial of the deceased and the formation of the inventory and provisional securing of his property, always reporting to the competent civil judicial authority.

3. Those of the criminal court order shall have jurisdiction over criminal cases and trials, except those falling within military jurisdiction.

4. Those in the administrative-dispute order shall be informed of any claims that may be made in connection with the actions of the public administrations subject to administrative law, general provisions of a lower rank than the law and royal legislative decrees as provided for in the Article 82.6 of the Constitutionin accordance with the provisions of the law on this jurisdiction. They shall also hear appeals against the inactivity of the Administration and against its material actions which constitute a de facto course of action. The direct or indirect remedies brought against the Foral Fiscal Rules of the General Boards of the Historical Territories of Álava, Guipúzcoa and Vizcaya are excluded from their knowledge, which shall be the exclusive responsibility of the Constitutional Court, in accordance with the fifth additional provision of its Organic Law.

They shall also be aware of any claims that may be made in relation to the patrimonial responsibility of the public administrations and of the staff at their service, whatever the nature of the activity or the type of relationship from which it results. If private persons have been involved in the production of the damage, the plaintiff shall also deduct his claim against them before this court order. They shall also hear complaints of liability when the person concerned acts directly against the insurer of the Administration, together with the respective Administration.

This court order shall also be competent if claims for liability for property are also directed against persons or entities indirectly responsible for them.

5. Those of the social court order shall be aware of the claims promoted within the social branch of law, both in individual and collective disputes, as well as claims in the field of social security or against the State when it is held liable by labour law.

6. Jurisdiction is improrogable. The judicial bodies shall assess the lack of jurisdiction on their own initiative and shall decide on it with a hearing between the parties and the Public Prosecutor ' s Office. In any event, this decision shall be substantiated and shall always be made by indicating the court order deemed competent.

Paragraphs 1 and 2 are amended by Article 1.4 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

See on the constitutionality of paragraph 4, in the wording given by art. 2 of Organic Law 1/2010, of 19 February, the Judgment of TC 118/2016, of 23 June, Ref. BOE-A-2016-7295 which declares that it is not unconstitutional to be interpreted in the terms of legal basis 3 (d).

Paragraph 4 is amended by Article 2 of Organic Law 1/2010, of 19 February, in the wording given by the first final provision of Organic Law 4/2011, of 11 March. Ref. BOE-A-2011-4551.

Paragraph 4 is amended by Article 2 of Organic Law 1/2010, of 19 February. Ref. BOE-A-2010-2739.

Paragraph 4 is amended by the sole article 1 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 4 is amended by the sole article 1 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Article 10.

1. For the purposes of a preliminary ruling only, each court order may deal with cases which are not exclusively assigned to it.

2. However, the existence of a criminal question for a preliminary ruling which cannot be dispensed with for the proper decision or which directly conditions the content of the decision shall determine the suspension of the proceedings until such time as it is decided by the relevant criminal bodies, with the exception of the exceptions provided for by law.

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 11.

1. In all types of proceedings, the rules of good faith will be respected. Evidence obtained, directly or indirectly, in violation of fundamental rights or freedoms shall not take effect.

2. Judges and judges, as well as the courts, shall reasonably reject petitions, incidents and exceptions made with manifest abuse of law or involving fraud of law or procedure.

3. Judges, as well as the courts, in accordance with the principle of effective guardianship enshrined in Article 24 of the Constitutionmust always rule on the claims made to them, and may dismiss them only on formal grounds where the defect is insurmountable or not remedied by the procedure laid down by law.

Paragraphs 2 and 3 are amended by Art. 1.5 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 12.

1. In the exercise of judicial authority, judges and magistrates are independent from all judicial and governing bodies of the judiciary.

2. Judges and tribunals may not correct the application or interpretation of the legal system by their inferiors in the hierarchical judicial order but when administering justice by virtue of the remedies established by law.

3. Nor may judges and tribunals, their governing bodies or the General Council of the Judiciary issue instructions, of a general or particular nature, addressed to their inferiors, on the application or interpretation of the legal system they carry out in the exercise of their judicial function.

Article 13.

All are obliged to respect the independence of judges and magistrates.

Article 14.

1. Judges and magistrates who consider themselves concerned or disturbed by their independence shall bring them to the attention of the General Council of the Judiciary, reporting the facts to the competent judge or court in order to follow the proper procedure, without prejudice to carrying out the proceedings strictly necessary to ensure the action of justice and to restore the legal order.

2. The Public Prosecutor ' s Office shall, on its own initiative or at their request, pursue the relevant actions in defence of judicial independence.

Article 15.

Judges and magistrates may not be separated, suspended, transferred or retired except for any of the cases and guarantees provided for in this Act.

Article 16.

1. Judges shall be held criminally and civilly liable in the cases and in the manner determined by law, and disciplinaryly in accordance with the provisions of this Law.

2. Honorary courts in the administration of justice are prohibited.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 17.

1. All public and private persons and entities are obliged to provide, in the manner established by law, the cooperation required by the Judges and Tribunals in the course of the proceedings and in the execution of the decisions, with any exceptions they may establish. the Constitution and the laws, and without prejudice to the compensation of expenses and the payment of due remuneration as required by law.

2. Public administrations, authorities and officials, corporations and all public and private entities, and individuals, shall respect and, where appropriate, comply with judgments and other judicial decisions that have gained firmness or are enforceable in accordance with the laws.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 18.

1. Judicial decisions may be terminated only on the basis of remedies provided for by law.

2. Judgments shall be executed on their own terms. If the execution proves impossible, the judge or court shall take the necessary measures to ensure the most effective enforcement, and shall in any event fix the compensation appropriate to the party in which that party cannot be fully complied with. Only for reasons of public utility or social interest, declared by the Government, may the rights recognized against the public administration be expropriated in a final judgement, prior to its execution. In this case, the judge or court to whom the execution relates shall have sole jurisdiction to indicate incidentally the corresponding compensation.

3. The provisions of this Article are without prejudice to the right of grace, the exercise of which, in accordance with the Constitution And the law, it belongs to the King.

Article 19.

1. Citizens of Spanish nationality may apply for popular action in the cases and forms established by law.

2. They may also participate in the Administration of Justice: through the institution of the Jury, in the form and with respect to criminal proceedings as determined by law; in customary and traditional courts and in other cases provided for in this Act.

3. It has the character of customary and traditional Tribunal of the Waters of the Valencian Vega.

4. The so-called Council of Good Men of Murcia is recognized as a customary and traditional court.

5. The so-called Privative Court of Waters of Orihuela and the Peoples of its Framework is recognized as a customary and traditional court.

6. The so-called Court of the Comuner del Rollet de Gràcia de l’Horta d’Aldaia is recognized as a customary and traditional court.

Paragraphs 5 and 6 are added by the sole article of Organic Law 10/2021 of 14 December. Ref. BOE-A-2021-20629

Paragraph 4 is added by Art. 1 of Organic Law 13/1999, of 14 May. Ref. BOE-A-1999-10902

Article 20.

1. Justice shall be free of charge in cases established by law.

2. A system of free justice shall be regulated by law, which shall give effect to the right declared in the Articles 24 and 119 of the Constitutionin cases of insufficient resources to litigate.

3. Bail may not be required which, due to its inadequacy, prevents the exercise of popular action, which will always be free.

BOOK I

THE EXTENSION AND LIMITS OF JUSTICE AND THE PLANT AND ORGANIZATION OF TRIBUNALS

The heading is amended by Art. 1.6 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

TITLE I

The extent and limits of jurisdiction

Article 21.

1. The Spanish civil courts shall hear claims arising on Spanish territory in accordance with the provisions of the international treaties and conventions to which Spain is a party, the rules of the European Union and Spanish law.

2. However, they shall not be aware of any claims made in respect of subjects or property enjoying immunity from jurisdiction and enforcement in accordance with Spanish law and the rules of public international law.

Paragraph 2 is amended by final provision 3 of Organic Law 16/2015 of 27 October. Ref. BOE-A-2015-11545.

It is amended by article 4 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 22.

In any event, the Spanish courts shall have jurisdiction, in preference to any other, to hear claims relating to the following matters:

(a) Real rights and leases of real estate in Spain. However, in the case of contracts for the rental of immovable property concluded for a particular use for a maximum period of six consecutive months, the Spanish courts shall also have jurisdiction if the defendant is domiciled in Spain, provided that the tenant is a natural person and that he and the owner are domiciled in the same State.

(b) The constitution, validity, invalidity or dissolution of companies or legal persons domiciled in Spanish territory, as well as with respect to the agreements and decisions of their organs.

(c) Validity or invalidity of registrations in a Spanish registry.

(d) Registrations or validity of patents, trademarks, designs or designs and other rights subject to deposit or registration, where the deposit or registration has been requested or carried out in Spain.

(e) Recognition and enforcement in Spain of judgments and other judicial decisions, arbitral decisions and mediation agreements issued abroad.

It is amended by article 5 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraphs 2 and 4 were drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 22 bis.

1. In matters in which a rule expressly permits this, the Spanish courts shall have jurisdiction when the parties, irrespective of their domicile, have expressly or tacitly submitted themselves to them. Agreements conferring jurisdiction on the Spanish courts or similar provisions contained in a contract shall not take effect if they are contrary to the provisions of articles 22 quater, 22 quinquies, 22 sexies and 22 septies, or exclude the competence of the exclusively competent Spanish judicial bodies as provided for in article 22, in which case they shall be subject to the provisions of those provisions.

Submission to the Spanish courts in the matters referred to in Article 22d(d) and (e) shall be valid only if it is based on an agreement of submission subsequent to the dispute arising, or both contracting parties were already domiciled or habitually resident in Spain at the time of conclusion of the contract or the claimant was the consumer, insured or policyholder.

2. The agreement of submission expresses the agreement by which the parties decide to assign to the Spanish courts knowledge of certain or all disputes that have arisen or may arise between them in respect of a particular legal relationship, contractual or non-contractual. The jurisdiction established by express submission shall extend to the validity of the submission agreement itself.

The express submission agreement shall be in writing, in a clause contained in a contract or an independent agreement, or orally with written confirmation, as well as in a manner consistent with the habits established between the parties, or in international trade, be in accordance with the uses known or to be known to the parties and which, in such trade, are widely known and regularly observed by the parties to the same type of contracts in the commercial sector concerned. A written agreement shall be understood to mean a transmission by electronic means that provides a lasting record.

A written agreement shall also be deemed to exist when it is recorded in an exchange of pleadings and defence within the proceedings initiated in Spain, in which the existence of the agreement is affirmed by one party and not denied by the other.

3. Regardless of the cases in which its jurisdiction results from other provisions, the Spanish courts shall have jurisdiction when the defendant appears before them. This rule shall not apply if the purpose of the appearance is to challenge jurisdiction.

It is added by article 6 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 ter.

1. In matters other than those referred to in articles 22, 22 sexies and 22 septies and if it does not mediate submission to the Spanish courts in accordance with article 22 bis, the latter shall be competent when the defendant has his domicile in Spain or when it is so determined by any of the forums established in articles 22 quater and 22 quinquies.

2. For the purposes of this article, a natural person shall be deemed to be domiciled in Spain when he or she has his or her habitual residence there.

A legal person shall be deemed to be domiciled in Spain when he or she has his or her registered office, administrative or central office or principal place of business.

3. In the event of the plurality of respondents, the Spanish courts shall have jurisdiction when at least one of them has its domicile in Spain, provided that a single action or several actions are instituted between which there is a connection on the basis of the title or cause of requesting that they be advised to join.

4. However, jurisdiction established in accordance with paragraph 1 of this Article may be excluded by an agreement of choice of court in favour of a foreign court. In such a case, the Tribunals shall suspend the proceedings and may hear only the claim on the ground that the designated foreign courts have declined jurisdiction.

5. The exclusion of the jurisdiction of the Spanish courts in matters in which they cannot be submitted shall not have effect.

It is added by article 7 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 quater.

In the absence of the above criteria, the Spanish courts shall have jurisdiction:

(a) In the case of declaration of absence or death, where the disappeared person had his or her last domicile on Spanish territory or had Spanish nationality.

(b) With regard to the capacity of persons and measures for the protection of adults or their property, where they have their habitual residence in Spain.

(c) In matters relating to personal and property relations between spouses, marriage nullity, separation and divorce and their modifications, provided that no other foreign court has jurisdiction, where both spouses have habitual residence in Spain at the time of the filing of the application or where they have had their last habitual residence in Spain and one of them resides there, or where Spain is the habitual residence of the respondent, or, in the case of a mutual agreement application, where one of the spouses resides in Spain, or where the applicant has been habitually resident in Spain for at least one year from the time of the filing of the application, or where the applicant is Spanish and has his habitual residence in Spain at least six months before the filing of the application, as well as where both spouses have Spanish nationality.

(d) In matters of filiation and paternal-filial relations, protection of minors and parental responsibility, where the child or minor has his or her habitual residence in Spain at the time of the filing of the application or the applicant is Spanish or habitually resident in Spain or, in any case, for at least six months before the filing of the application.

(e) In the case of adoption, in cases covered by Law 54/2007 of 28 December 2007international adoption.

(f) In the case of maintenance, where the creditor or the defendant of the maintenance is habitually resident in Spain or, if the claim for maintenance is formulated as an accessory to a question of marital status or an action for parental responsibility, where the Spanish courts are competent to hear the latter action.

(g) In the case of succession, where the deceased had his or her last habitual residence in Spain or when the property is in Spain and the deceased was Spanish at the time of death. They shall also be competent when the parties have submitted themselves to the Spanish courts, provided that Spanish law applies to succession. Where no foreign jurisdiction is competent, the Spanish courts shall have jurisdiction in respect of the estate of the succession in Spain.

It is added by article 8 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 quinquies.

Likewise, in the absence of express or tacit submission and even if the defendant did not have his domicile in Spain, the Spanish courts shall have jurisdiction:

(a) In the area of contractual obligations, where the obligation in question has been fulfilled or is to be fulfilled in Spain.

(b) In respect of non-contractual obligations, where the act of injury occurred on Spanish territory.

(c) In actions relating to the operation of a branch, agency or commercial establishment, where the latter is located in Spanish territory.

(d) In the case of contracts concluded by consumers, they may litigate in Spain if they have their habitual residence in Spanish territory or if they have their habitual residence in Spain; the other contracting party may litigate in Spain only if the consumer has his habitual residence in Spanish territory.

(e) In the case of insurance, where the insured person, owner or beneficiary of the insurance had his or her domicile in Spain; the insurer may also be sued before the Spanish courts if the damage occurred in Spanish territory and was a contract of liability insurance or insurance relating to immovable property, or, in the case of civil liability insurance, if the Spanish courts were competent to hear the action brought by the injured party against the insured person pursuant to paragraph (b) of this article.

(f) In actions relating to real rights in movable property, if they are in Spanish territory at the time of the filing of the claim.

With regard to the cases provided for in points (d) and (e), the Spanish courts shall also have jurisdiction where the consumer, insured person or policyholder is a plaintiff and the parties have agreed to submit to the Spanish courts after the dispute has arisen, or both contracting parties already had their domicile in Spain at the time of conclusion of the contract or the claimant was the consumer, insured person or policyholder.

It is added by article 9 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 sexies.

The Spanish courts shall have jurisdiction in the case of interim measures or insurance measures in respect of persons or property which are located on Spanish territory and which must be complied with in Spain. They shall also be competent to take such measures if they are competent to hear the main case.

It is added by article 10 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 septies.

In insolvency matters and other insolvency proceedings, the provisions of its regulatory law shall be applied.

It is added by article 11 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 octies.

1. The Spanish courts shall not be competent in cases where the jurisdiction provided for in Spanish laws does not provide for such jurisdiction.

2. The Spanish courts shall, on their own initiative or at the request of a party, assess their jurisdiction in accordance with the rules in force and the circumstances at which the application is brought, and the proceedings shall be conducted until their conclusion, even if those rules or circumstances have been amended subsequently, unless expressly determined otherwise.

3. The Spanish courts shall declare themselves incompetent if their jurisdiction is not based on the provisions of Spanish laws, in accordance with the provisions of the procedural laws.

The Spanish courts may not refrain from or decline jurisdiction when the alleged litigious link with Spain and the courts of the different States connected with the case have declined jurisdiction. Nor can they do so when it comes to recognition and enforcement of court decisions, arbitral decisions and mediation agreements issued by foreign courts.

It is added by article 12 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 22 nonies.

Exceptions of international lis pendency and conexidad shall be invoked and processed in accordance with the general rules governing procedural laws.

It is added by article 13 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 23.

1. In the criminal order, the Spanish jurisdiction shall have jurisdiction over cases of offences and misdemeanours committed on Spanish territory or committed on board Spanish ships or aircraft, without prejudice to the provisions of international treaties to which Spain is a party.

2. He shall also be aware of the Spanish jurisdiction for crimes committed outside the national territory, provided that the criminally responsible are Spanish or foreign nationals who have acquired Spanish nationality after the commission of the act and meet the following requirements:

(a) The act is punishable at the place of execution, unless, under an international treaty or a normative act of an international organization to which Spain is a party, such a requirement is not necessary, without prejudice to the following paragraphs.

(b) The aggrieved person or the Public Prosecutor ' s Office file a complaint with the Spanish courts. This requirement shall be deemed to have been met in relation to the offences within the competence of the European Public Prosecutor's Office when the European Public Prosecutor's Office effectively exercises its jurisdiction.

(c) The offender has not been acquitted, pardoned or sentenced abroad, or in the latter case has not served his sentence. If he has only partially complied with it, he shall be taken into account in order to reduce proportionately his share.

3. He shall be aware of the Spanish jurisdiction over acts committed by Spaniards or foreigners outside the national territory when they are liable to be defined, in accordance with Spanish criminal law, as one of the following offences:

(a) Betrayal and against the peace or independence of the State.

(b) Against the Crown holder, his Consort, his Successor or the Regent.

(c) Rebellion and sedition.

(d) Counterfeiting of the actual signature or stamp, the stamp of the State, the signatures of the Ministers and the official or public stamps.

(e) Forgery of Spanish currency and its issuance.

(f) Any other forgery that directly prejudices the State ' s credit or interest, and the introduction or issuance of the counterfeit.

(g) Attack against Spanish authorities or public officials.

(h) Those perpetrated in the exercise of their functions by Spanish public officials residing abroad and offences against the Spanish Public Administration.

(i) Change control.

4. Likewise, the Spanish jurisdiction shall be competent to hear acts committed by Spaniards or foreigners outside the national territory which may be characterized, according to Spanish law, as one of the following offences when the conditions stated are met:

(a) Genocide, against humanity or against persons and property protected in the event of armed conflict, provided that the proceedings are directed against a Spaniard or a foreign citizen habitually residing in Spain, or against an alien who is in Spain and whose extradition has been refused by the Spanish authorities.

(b) Crimes of torture and against the moral integrity of Articles 174 to 177 of the Criminal Code, when:

1. or the proceedings are directed against a Spaniard; or,

2. The victim was Spanish at the time of the commission of the acts and the person charged with the commission of the offence is in Spanish territory.

(c) Crimes of enforced disappearance covered by the International Convention for the Protection of All Persons from Enforced Disappearance, done in New York on 20 December 2006, when:

1. or the proceedings are directed against a Spaniard; or,

2. The victim was Spanish at the time of the commission of the acts and the person charged with the commission of the offence is in Spanish territory.

(d) Crimes of piracy, terrorism, illegal trafficking in toxic drugs, narcotic drugs or psychotropic substances, trafficking in human beings, the rights of foreign citizens and offences against the safety of maritime navigation committed in marine areas, in the cases provided for in treaties ratified by Spain or in normative acts of an international organization to which Spain is a party.

(e) Terrorism, provided that one of the following situations occurs:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against an alien who habitually resides or is in Spain or, without meeting these requirements, collaborates with a Spanish person, or with an alien who resides or is in Spain, for the commission of a terrorist offence;

3. the offence was committed on behalf of a legal person domiciled in Spain;

4. The victim was a Spanish national at the time of the commission of the acts;

5. or the offence was committed to influence or unlawfully condition the action of any Spanish Authority;

6. the offence was committed against an institution or body of the European Union which is based in Spain;

7. the offence was committed against a Spanish flagged vessel or aircraft; or

8. the offence was committed against official Spanish facilities, including their embassies and consulates.

For this purpose, Spanish official installation means any permanent or temporary installation in which Spanish public authorities or public officials perform their public functions.

(f) The offences contained in the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, provided that:

1. the offence has been committed by a Spanish citizen; or

2 or the offence was committed against an aircraft flying under the Spanish flag.

(g) The offences contained in the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, and its supplementary Protocol, done at Montreal on 24 February 1988, in the cases authorized by the Convention.

(h) The offences contained in the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on 3 March 1980, provided that the offence was committed by a Spanish citizen.

(i) Illegal trafficking in toxic drugs, narcotic drugs or psychotropic substances, provided that:

1. or the proceedings are directed against a Spaniard; or,

2. in the case of the commission of acts of execution of one of these offences or of the formation of a criminal group or organization with a view to their commission in Spanish territory.

(j) Crimes of formation, financing or integration into a criminal group or organization or offences committed within them, provided that they are groups or organizations that act with a view to the commission in Spain of an offence that is punishable by a maximum penalty of three years ' imprisonment or more.

(k) Offences against sexual freedom and compensation committed against child victims, provided that:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against a foreign citizen habitually residing in Spain;

3. or the proceedings are directed against a legal person, undertaking, organization, groups or any other class of entities or groups of persons having their registered office or registered office in Spain; or,

4. the offence was committed against a victim who, at the time of the commission of the acts, had Spanish nationality or habitual residence in Spain.

(l) Offences regulated by the Council of Europe Convention of 11 May 2011 on the Prevention and Combating of Violence against Women and Domestic Violence, provided that:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against an alien habitually residing in Spain; or

3. The offence was committed against a victim who, at the time of the commission of the acts, had Spanish nationality or habitual residence in Spain, provided that the person charged with the commission of the criminal act is in Spain.

(m) Trafficking in human beings, provided that:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against a foreign citizen habitually resident in Spain;

3. or the proceedings are directed against a legal person, undertaking, organization, groups or any other class of entities or groups of persons having their registered office or registered office in Spain; or,

4. The offence was committed against a victim who, at the time of the commission of the acts, had Spanish nationality or habitual residence in Spain, provided that the person charged with the commission of the criminal act is in Spain.

(n) Crimes of corruption between individuals or in international economic transactions, provided that:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against a foreign citizen habitually resident in Spain;

3. or the offence was committed by the manager, administrator, employee or collaborator of a business enterprise, or of a company, association, foundation or organization having its registered office or registered office in Spain; or,

4. the offence was committed by a legal person, enterprise, organization, groups or any other type of entity or group of persons having their seat or registered office in Spain.

(o) Offences regulated by the Council of Europe Convention of 28 October 2011 on the counterfeiting of medical products and offences posing a threat to public health, where:

1. or the proceedings are directed against a Spanish person;

2. the proceedings are directed against an alien habitually resident in Spain;

3. or the proceedings are directed against a legal person, undertaking, organization, groups or any other class of entities or groups of persons having their registered office or registered office in Spain;

4. the victim was Spanish at the time of the commission of the acts; or

5. the offence was committed against a person who had habitual residence in Spain at the time of the commission of the acts.

(p) Any other offence the pursuit of which is imposed on a binding basis by a treaty in force for Spain or by other normative acts of an international organization of which Spain is a member, under the circumstances and conditions determined therein.

Likewise, Spanish jurisdiction will also have jurisdiction to deal with previous offences committed outside the national territory by foreign nationals who were in Spain and whose extradition had been refused by the Spanish authorities, provided that it is imposed by a treaty in force for Spain.

5. The offences referred to in the preceding paragraph shall not be prosecuted in Spain in the following cases:

(a) When a procedure for its investigation and prosecution has been initiated at an International Tribunal established in accordance with the treaties and conventions to which Spain is a party.

(b) Where proceedings have been initiated for its investigation and prosecution in the State where the acts were committed or in the State of nationality of the person charged, provided that:

1. or the person charged with the commission of the act shall not be present in Spanish territory; or,

2. a procedure for his extradition to the country of the place where the acts were committed or whose nationality the victims were, or to place him at the disposal of an International Tribunal for trial, unless extradition was not authorized.

The provisions of subparagraph (b) shall not apply where the State exercising its jurisdiction is unwilling or unable to carry out the investigation, and is thus assessed by Division 2a of the Supreme Court, to which the Judge or Court shall make reasoned representations.

In order to determine whether or not there is a willingness to act in a particular case, the following circumstances, as appropriate, shall be examined, taking into account the principles of due process recognized by international law:

(a) That the trial has already been or is under way or that the national decision has been taken for the purpose of removing the person concerned from criminal responsibility.

(b) There has been an unjustified delay in the trial which, in the circumstances, is incompatible with the intention to bring the person concerned to justice.

(c) The proceedings have not been or are not being conducted in an independent or impartial manner and have been or are being conducted in such a way that, in the circumstances, they are incompatible with the intention to bring the person concerned to justice.

In order to determine the inability to investigate or prosecute in a particular case, it will be examined whether the State, due to the total or substantial collapse of its national administration of justice or the fact that it lacks it, cannot bring the accused to justice, does not have the necessary evidence and testimony or is otherwise unable to conduct the trial.

6. The offences referred to in paragraphs 3 and 4 shall be prosecuted in Spain only after a complaint has been filed by the aggrieved party or the Public Prosecutor.

Paragraph 2(b) is amended by final provision 2.1 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Paragraph 4(e) is amended by final provision 1 of Organic Law 2/2015 of 30 March. Ref. BOE-A-2015-3440.

Paragraphs 2, 4 and 5 are amended and 6 are added by the sole article 1 of Organic Law 1/2014 of 13 March. Ref. BOE-A-2014-2709.

Paragraphs 4 and 5 are amended by Article 1.1 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Paragraph 4 is amended by Article 1.1 of Organic Law 13/2007 of 19 November. Ref. BOE-A-2007-19879.

Paragraph 4 (g) is reordered as (h) and paragraph 4 (g) is added by the sole article of Organic Law 3/2005 of 8 July. Ref. BOE-A-2005-11863.

Paragraphs 2 (a) and 4 (e) are amended by the single final provision of Organic Law 11/1999 of 30 April. Ref. BOE-A-1999-9744

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 24.

In any case, the Spanish jurisdiction shall be competent in the administrative-dispute order if the claim that may be made relates to provisions of a general nature or acts of the Spanish Public Administrations. It shall also know of those which are deducted in relation to acts of the Spanish public authorities, in accordance with the provisions of the law.

Article 25.

In the social order, the judges, as well as the Spanish courts, shall have jurisdiction:

1. In respect of rights and obligations arising from employment contracts, where the services have been provided in Spain or the contract has been concluded in Spain; where the defendant has his domicile in Spanish territory or an agency, branch, delegation or any other representation in Spain; where the worker or the worker and the employer or the employer have Spanish nationality, whatever the place of provision of the services or of conclusion of the contract; and, in addition, in the case of a contract of embarkation, if the contract was preceded by an offer received in Spain by a Spanish worker.

2. In the area of control of the legality of collective labour agreements concluded in Spain and of claims arising from collective labour disputes promoted on Spanish territory.

3.o With regard to social security claims against Spanish entities or entities having domicile, agency, delegation or any other representation in Spain.

It is amended by art. 1.7 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

TITLE II

From the plant and territorial organization

CHAPTER I

From the Tribunals

The heading is amended by Art. 1.8 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 26.

The courts to which the exercise of judicial power is attributed are as follows:

(a) Judges of the peace.

(b) Courts of instance.

(c) Provincial Courts.

(d) High Courts of Justice.

(e) Central Court of Instance.

(f) National High Court.

(g) Supreme Court.

It is amended by art. 1.9 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The second paragraph is amended by additional provision 10.1 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

It is amended by art. 2.1 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

The second subparagraph is amended by Article 3. 1.1 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 27.

1. Where the Chambers of the Tribunals are divided into Sections and there are two or more, they shall be designated by ordinary numbering.

2. The judicial places comprising the Courts of Instance and the Central Court of Instance shall be designated by cardinal numbering within the same Section.

It is amended by art. 1.10 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 28.

(Repealed)

It is repealed by the single derogation provision (a) of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 29.

1. The court floor shall be established by law. It will be reviewed on the basis of the evolution of workloads, population and other parameters considered relevant, at least every five years, following a report by the General Council of the Judiciary, in order to adapt it to new needs.

2. The review of the court plant may be initiated by the autonomous communities with jurisdiction over the law to adapt it to the needs of their territorial scope.

It is amended by art. 1.11 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 2 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER II

From the territorial division into the judiciary

Article 30.

The State organizes itself territorially, for judicial purposes, in municipalities, parties, provinces and autonomous communities.

Article 31.

The municipality corresponds to the administrative demarcation of the same name.

Article 32.

1. The party is the territorial unit made up of one or more neighbouring municipalities belonging to the same province.

2. The modification of parties will take place, if necessary, depending on the number of cases, the characteristics of the population, the media and natural regions.

3. The party may coincide with the provincial demarcation.

Article 33.

The province shall conform to the territorial boundaries of the administrative demarcation of the same name.

Article 34.

The Autonomous Community shall be the territorial scope of the Superior Courts of Justice.

Article 35.

1. The judicial demarcation, which shall determine the territorial area of the judicial organs, shall be established by law or, in the cases expressly provided for in this regulation, by royal decree.

2. To this end, the Autonomous Communities shall participate in the organization of the judicial demarcation of their respective territories, transmitting to the Government, at its request, a proposal of the same in which they shall establish the judicial parties.

3. The Ministry of Justice, having regard to the proposals of the Autonomous Communities, shall draw up the corresponding regulatory provision, which shall be informed by the General Council of the Judiciary within two months.

4. The Government will proceed with the preparation of the relevant draft regulations, having given the above-mentioned reports.

5. Judicial demarcation shall be reviewed every five years or sooner if the circumstances so advise, by law elaborated in accordance with the above procedure.

6. The Autonomous Communities shall, following a report by the General Council of the Judiciary, determine by law the capital of the judicial parties.

It is amended by article 14 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 6 is amended by Article 9.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 36.

The creation of the sections of the Hearings and Courts and judicial places, provided that they do not imply any alteration of the judicial demarcation, shall be the responsibility of the Government, which shall be heard by the autonomous community concerned and the General Council of the Judiciary.

It is amended by art. 1.12 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 37.

1. It is the responsibility of the Ministry of Justice or the competent body of the autonomous community with jurisdiction over justice to provide the courts and tribunals with the necessary means to carry out their functions independently and effectively.

2. To this end, the General Council of the Judiciary shall transmit annually to the Ministry of Justice or the competent body of the autonomous community with powers in the field of justice a detailed account of the needs it deems existing.

It is amended by article 3 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 4 is declared unconstitutional and null and void by judgment of TC 56/1990 of 29 March. Ref. BOE-T-1990-10080

TITLE III

Conflicts of jurisdiction and conflict and competition issues

CHAPTER I

Conflicts of jurisdiction

Article 38.

1. Conflicts of jurisdiction between the courts or tribunals and the administration shall be resolved by a collegial body constituted by the President of the Supreme Court, who shall preside over it, and by five members, two of whom shall be judges of the Dispute Chamber of the Supreme Court, appointed by the Plenary of the General Council of the Judiciary, and the other three shall be permanent State Councillors, acting as Secretary of the Government of the Supreme Court.

2. The President shall always have a casting vote in the event of a tie.

Article 39.

1. Disputes of jurisdiction between the courts or tribunals of any jurisdictional order of the ordinary jurisdiction and the military judicial organs shall be resolved by the Chamber of Disputes of Jurisdiction, composed of the President of the Supreme Court, who shall preside over it, two judges of the Chamber of the Supreme Court of the jurisdictional order in conflict and two judges of the Military Chamber, all appointed by the Plenary of the General Council of the Judiciary. The Registrar of this Chamber shall act as the Registrar of the Government of the Supreme Court.

2. The President shall always have a casting vote in the event of a tie.

Paragraph 1 is amended by additional provision 5 of Organic Law 4/1987 of 15 July. Ref. BOE-A-1987-16791

Article 40.

The members of the decision-making bodies provided for in the two preceding articles shall be renewed annually.

Article 41.

The approach, processing and decision of conflicts of jurisdiction shall be in accordance with the law.

CHAPTER II

Conflicts of competence

Article 42.

Disputes of jurisdiction between courts or tribunals of different judicial orders, which are part of the judiciary, shall be settled by a special chamber of the Supreme Court, presided over by the President and composed of two judges, one for each judicial order in conflict, who shall be appointed annually by the Governing Chamber. The Registrar of this special Chamber shall be the Government of the Supreme Court.

Article 43.

Conflicts of jurisdiction, both positive and negative, may be promoted ex officio or at the request of a party or the Public Prosecutor's Office, until the trial is completed by final judgement, unless the conflict relates to the execution of the judgement.

Article 44.

The criminal court order is always preferred. No judge or court may raise a dispute of jurisdiction with the organs of that court order.

Article 45.

In the event of a reasoned dispute of jurisdiction, in which the legal provisions on which it is based shall be expressed, the judge or court, heard by the parties and the Public Prosecutor's Office for a common period of ten days, shall decide by order whether to decline the knowledge of the case or to require the court before it to cease to do so.

Article 46.

1. The injunction shall be accompanied by evidence of the order issued by the requesting judge or court, of the submissions of the parties and of the Public Prosecutor's Office and of other individuals who consider themselves to be conductive in order to justify the competence of the latter.

2. The requested person, with a hearing of the Public Prosecutor's Office and the parties for a common period of 10 days, shall issue an order ruling on his/her jurisdiction.

Article 47.

1. If the request is not granted, the applicant shall be so informed and the proceedings shall be brought by both parties to the Chamber of Disputes, and both bodies shall, where appropriate, retain the evidence necessary to comply with the provisions of Article 48(2).

2. The Chamber, heard by the Public Prosecutor for a period of not more than 10 days, shall issue an order within the following 10 days, without appeal. The order to be issued will definitively resolve the conflict of competition.

Article 48.

1. Since the order has been issued by refusing jurisdiction or by agreeing to the order, and once the order has been heard by the requested judge or court, the proceedings in the case referred to therein shall be suspended.

2. However, the suspension shall not extend to preventive or preparatory proceedings or to precautionary proceedings, irrespective of the jurisdictional orders in any conflict, which are urgent or necessary, or which, if not adopted, could lead to irreparable or difficult reparation. Where appropriate, the Judges or Courts shall take appropriate guarantees to secure the rights or interests of the parties or third parties or the public interest.

Article 49.

Any decisions which have lapsed in the handling of conflicts of jurisdiction shall not be subject to any ordinary or extraordinary remedy.

Article 50.

1. Against the final decision in which the court referred to in the decision referred to in Article 9(6) declares its lack of jurisdiction in a proceeding whose subjects and claims were the same, an appeal may be lodged within 10 days by default of jurisdiction.

2. The appeal shall be brought before the body which issued the decision, which, after hearing the parties in person, if any, shall refer the proceedings to the Dispute Chamber.

3. The Chamber shall claim from the Court or Court which first declared its lack of jurisdiction to refer the proceedings to it and, after hearing the Public Prosecutor's Office for a period not exceeding 10 days, shall issue an order within the following 10 days.

CHAPTER III

Questions of competence

Article 51.

1. Questions of jurisdiction between Courts and Courts of the same court order shall be decided by the immediate common superior body, in accordance with the rules laid down in the procedural laws.

2. The decision declaring a lack of competence shall state the body deemed competent.

Article 52.

Questions of jurisdiction between Judges and subordinate courts may not arise between themselves. In any event, and without further appeal, the judge or High Court shall determine its own jurisdiction, heard by the parties and the Public Prosecutor's Office for a common period of 10 days. They shall, as appropriate, seek the proceedings of the lower judge or tribunal or forward to the lower court those before them.

TITLE IV

Composition and powers of courts

CHAPTER I

The Supreme Court

Article 53.

The Supreme Court, based in the village of Madrid, is the highest court in all orders, except for constitutional guarantees. It will have jurisdiction throughout Spain and no one else will have the title of Supreme.

Article 54.

The Supreme Court shall be composed of its President, the Presidents of the Chamber and the Judges, who shall determine the law for each of the Chambers and, where appropriate, sections in which they may be articulated.

Article 55.

The Supreme Court shall consist of the following Chambers:

First: Civil.

Second: Criminal.

Third: Dispute.

Fourth: Social.

Fifth: Military matters, which shall be governed by their specific legislation and supplementaryly by this Law and by the common order of the other Chambers of the Supreme Court.

It is amended by additional provision 6 of Organic Law 4/1987 of 15 July. Ref. BOE-A-1987-16791

Article 55 bis.

In addition to the powers conferred on the Civil and Criminal Chambers of the Supreme Court in articles 56 and 57, the Chambers shall hear the processing and prosecution of civil and criminal proceedings against the Queen consort or the consort of the Queen, the Princess or Prince of Asturias and her consort, as well as against the King or Queen who abdicated and her consort.

It is added by article 1 of Organic Law 4/2014 of 11 July. Ref. BOE-A-2014-7368.

Text added, published on 12/07/2014, in force from 13/07/2014.

Article 56.

The Civil Division of the Supreme Court shall hear:

1. Appeals for cassation, review and other extraordinary actions in civil matters as provided for by law.

2. The applications for civil liability for acts committed in the exercise of his or her office, directed against the President of the Government, Presidents of the Congress and the Senate, President of the Supreme Court and the General Council of the Judiciary, President of the Constitutional Court, members of the Government, Deputies and Senators, Members of the General Council of the Judiciary, Judges of the Constitutional Court and the Supreme Court, Presidents of the National High Court and of any of its Chambers and High Courts, Attorney General of the State, Prosecutors of the Chamber of the Supreme Court, President and Counsellors of the Court of Auditors, President and Counsellors of the Council of State, Ombudsman and President and Councillors of an Autonomous Community, when determined by their Statute of Autonomy.

3. Any civil liability claims brought against judges of the National High Court or the High Courts of Justice for acts committed in the exercise of their functions.

Paragraph 4 is deleted by the sole article 4 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 57.

1. The Criminal Division of the Supreme Court shall hear:

1. Appeals for cassation, review and other extraordinary criminal proceedings as provided for by law.

2. The investigation and prosecution of cases against the President of the Government, Presidents of Congress and the Senate, President of the Supreme Court and General Council of the Judiciary, President of the Constitutional Court, members of the Government, Deputies and Senators, Members of the General Council of the Judiciary, Judges of the Constitutional Court and the Supreme Court, President of the National High Court and of any of its Chambers and High Courts, Attorney General of the State, Prosecutors of the Supreme Court, European Public Prosecutor, President and Counsellors of the Court of Accounts, President and Counsellors of the Council of State and Ombudsman, as well as of cases determined by the Statutes of Autonomy, if any.

3. The investigation and prosecution of cases against judges of the National High Court, a High Court of Justice or of the European Deputy Prosecutors.

4. Other matters attributed to him by this Law.

5. The procedures for autonomous confiscation for offences for which they are competent.

2. In the cases referred to in the second and third issues of the preceding paragraph, an investigator shall be appointed from among the members of the Chamber, on a pre-established basis, and shall not be part of the pre-trial chamber.

3. In cases involving offences attributed to the European Public Prosecutor's Office, against the persons referred to in paragraphs 2 and 3 shall be appointed from among the members of the Chamber, on a pre-established basis, a judge of guarantees, who shall not be part of the Chamber to try them.

Paragraph 1 (2) and (3) are amended and paragraph 3 is added by final provision 2.2 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

The number 5 is added to paragraph 1 by the final provision 1.1. of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

The number 4 is added to paragraph 1 by the single article.2 Organic Law 1/2014 of 13 March. Ref. BOE-A-2014-2709.

Paragraph 2 is added and the existing content is numbered as paragraph 1 by Art. 1.2 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 58.

The Administrative Chamber of the Supreme Court shall hear:

First. In the sole instance, of the contentious administrative appeals against acts and provisions of the Council of Ministers, the Delegated Commissions of the Government and the General Council of the Judiciary, and against the acts and provisions of the competent organs of the Congress of Deputies and the Senate, the Constitutional Court, the Court of Auditors and the Ombudsman in terms and matters established by law and of those other remedies which are exceptionally attributed to it by law.

Second. Appeals and review as provided for by law.

Third. Application for authorisation for the declaration provided for in Additional provision 5 of Organic Law 3/2018, of 5 Decemberprotection of personal data and guarantee of digital rights, when such request is made by the General Council of the Judiciary.

Fourth. The Government's request under the Article 4 of Law 11/2022 of 28 June, General Telecommunications, for the validation or revocation of the agreements of assumption or intervention of the direct management of the service or of the intervention or operation of networks.

The fourth paragraph is added by the sole article of Organic Law 5/2022 of 28 June. Ref. BOE-A-2022-10756

The third paragraph is added by final provision 4.1 of Organic Law 3/2018 of 5 December. Ref. BOE-A-2018-16673

It is amended by article 2 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Article 59.

The Social Chamber of the Supreme Court shall hear appeals for cassation and review and other extraordinary appeals established by law in matters specific to this judicial order.

Article 60.

1. Each of the Chambers of the Supreme Court shall also be seized of any challenges brought against the judges who make them up, and of any questions of jurisdiction between courts or tribunals of the same court order which do not have a common superior.

2. For this purpose, the challenged judges shall not be part of the Chamber.

Article 61.

1. A Chamber consisting of the Chief Justice, the Presiding Officers and the oldest and most modern judge of each of them shall be composed of:

1. Appeals for review of judgements rendered by the Dispute Chamber of the Dispute Tribunal at the sole instance.

2. Incidents of disqualification of the Chief Justice, or of the Presidents of the Chamber, or of more than two Judges of a Chamber. In this case, those directly affected by the challenge will be replaced by those concerned.

3. Any civil liability claims brought against the Presidents of the Chamber or against all or most of the judges of a Chamber of the Chamber of the Chamber of the Chamber of the Chamber for acts performed in the exercise of their functions.

4. The investigation and prosecution of cases against the Presidents of the Chamber or judges of a Chamber, when they are all or most of the judges who constitute the Chamber.

5. The knowledge of the claims for a declaration of judicial error when the latter is brought before a Chamber of the Supreme Court.

6. The process of declaring the political parties illegal and thus disbanding them, in accordance with the provisions of Organic Law 6/2002 of 27 June 2002political parties.

2. In the cases referred to in paragraph 4 above, an investigator shall be appointed from among the members of the Chamber, on a pre-established basis, who shall not be a member of the Chamber to try them.

In cases involving offences attributed to the European Public Prosecutor's Office, the members of the Chamber shall be appointed, on a pre-established basis, a judge of guarantees who shall not be part of the Office to try them.

3. A Section, consisting of the Chief Justice, the Administrative Chamber and five Judges of the same Chamber, which will be the two oldest and the three most modern, will hear the appeal for the unification of doctrine in cassation where the contradiction occurs between judgements handed down in one instance by Sections other than that Chamber.

A second subparagraph is added to paragraph 2 by final provision 2.3 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

The number 6o is added to paragraph 1 by additional provision 1 of Organic Law 6/2002 of 27 June. Ref. BOE-A-2002-12756

Paragraph 3 is added by the sole article 3 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Paragraph 2 is added and the existing content is numbered as paragraph 1 by Art. 1.3 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 61 bis.

1. A Technical Cabinet will be in the service of the Supreme Court, which will assist the Presidency and its different Chambers in the processes of admission of cases before them and in the preparation of studies and reports requested of them. It will also provide support to the Extraordinary Chambers in the case-settlement assigned to them.

2. The Technical Cabinet shall be composed of a Director and members of the Judicial Service and other jurists, who shall be appointed as Lawyers of the Technical Cabinet.

3. For the above purposes, there will be as many areas as jurisdictional orders in the Technical Cabinet. Within each area there may be an Admission section and another Study and Reporting section. In the Fifth Chamber of the Military there may be a Letter from the Technical Cabinet.

The Lawyers will provide their services in the different areas according to their professional specialization.

4. In each of the areas, there will be one or more Technical Cabinet Counsels who will assume coordinating functions for the Cabinet members who are part of the Cabinet. They shall be appointed by the President of the Supreme Court, preferably from among the lawyers who belong to the judicial career, and shall have a minimum age of 10 years in the exercise of their respective profession.

5. The Ministry of Justice, having heard the Governing Chamber of the Supreme Court and after the report of the General Council of the Judiciary and the favourable report of the Ministry of Finance and Public Administrations, shall determine the composition and staffing of the Technical Cabinet.

Exceptionally, for short-term and duly justified reasons, on the proposal of the General Council of the Judiciary and after hearing the Governing Chamber of the Supreme Court, the Ministry of Justice may temporarily ascribe, with a maximum of one year, an additional number of members to the Technical Cabinet.

It is added by article 15 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 61 ter.

The Chief Executive of the Technical Cabinet shall be exercised by the President of the Supreme Court or, in the event of his delegation, by the Vice-President of the Supreme Court.

It is added by article 16 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 61 quater.

1. The Director of the Technical Cabinet shall be appointed by the plenary of the General Council of the Judiciary on a binding proposal of the President of the Supreme Court, who shall have to demonstrate the legally required requirements for the status of Judge of the Supreme Court, having such consideration, for representative purposes, while in office.

2. The Panels to serve in the Technical Cabinet will be selected by merit examination, and the selection criteria will be established in the notice of the call.

Legal persons who do not belong to the judicial or prosecutorial career must be officials of the Legal Service of the Administration of Justice or civil servants of the public administrations or constitutional bodies, with a degree in law, belonging to bodies of Subgroup A1 or assimilated.

The Standing Committee of the General Council of the Judiciary shall call upon the President of the Supreme Court, who shall hear the Governing Chamber of the Supreme Court in advance for the purpose of establishing the selection criteria.

3. The President of the Supreme Court, heard by the Presidents of the Chamber and the Director of the Technical Cabinet, shall submit to the Governing Chamber for approval the proposal for candidates to fill the positions of Counsel of the Technical Cabinet.

4. The President of the Supreme Court shall submit to the plenary of the General Council of the Judiciary the proposal of the Governing Chamber of the Supreme Court to appoint those who are to occupy the seats of Counsel of the Technical Cabinet.

It is added by article 17 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 61 quinquies.

1. The lawyers who are selected will be appointed for one year. Upon expiry of this period, the Chief Justice, heard by the respective President of the Chamber and the Director of the Technical Cabinet, shall, if necessary, propose an extension in the position, in accordance with the procedure established for the initial appointment. The Letters may be extended for successive periods of three years. Without prejudice to the foregoing, the Panels may be dismissed by the Chief Justice for serious breach of his duties.

2. The Director of the Technical Cabinet and the Lawyers shall be declared in the administrative position of special services in the Career or Corps of provenance.

3. For the purposes of calculating seniority in the judicial career, judges or magistrates occupying a position of Counsel in the Technical Cabinet shall be taken into account for the services rendered in the judicial order corresponding to the area of the Technical Cabinet in which they were assigned.

This provision shall also apply for the purposes of the calculation of seniority in the Corps to the Lawyers of the Administration of Justice who occupy the position of Counsel in the Technical Cabinet.

It is added by article 18 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 61 sexies.

The Governing Chamber, acting on a proposal from the Chief Justice, shall adopt the rules of operation of the Technical Cabinet.

It is added by article 19 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

CHAPTER II

From the National High Court

Article 62.

The National High Court, based in the town of Madrid, has jurisdiction throughout Spain.

Article 63.

1. The National High Court shall be composed of its President, the Presidents of the Chamber and the judges determined by law for each of its Chambers and Sections.

2. The President of the National High Court, who shall be considered as President of the Chamber of the Supreme Court, is the ex officio President of all its Chambers.

It is amended by article 5 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 64.

1. The National High Court shall consist of the following Chambers:

Appeals.

Criminal.

The Dispute.

Social.

2. If the number of cases so advises, two or more Sections may be established within a Chamber.

It is amended by article 6 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 64 bis.

1. The Appeals Chamber of the National High Court shall hear such appeals as may be established by law against the decisions of the Criminal Chamber.

2. Where the significant and continuing difference in workload so advises, the judges of this Chamber, with the favourable agreement of the Governing Chamber, may, on the proposal of the President of the Tribunal, be assigned by the General Council of the Judiciary, in whole or in part, and without any pay increase, to another Chamber of different order.

For secondment, the seniority of the rank and the speciality or experience of the judges concerned and, if possible, their preferences shall be assessed.

It is added by article 7 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 65.

The Criminal Division of the National High Court shall hear:

1. The prosecution, except in the first instance of the Criminal Division of the Central Court of Instance, of cases for the following offences:

(a) Offences against the Crown holder, his Consort, his Successor or Successor, high-level agencies of the Nation and form of Government.

(b) Counterfeiting of currency and manufacture of false credit and debit cards and counterfeit traveller ' s cheques or any other payment instrument other than cash, provided they are committed by criminal organizations or groups.

(c) Defrauds and machinations to alter the price of things that produce or are likely to have a serious impact on the safety of commercial traffic, on the national economy or property damage in a generality of persons in the territory of more than one hearing.

(d) Trafficking in drugs or narcotic drugs, food fraud and pharmaceutical or medicinal substances, provided they are committed by organized gangs or groups and have effects in places belonging to different Hearings.

(e) Offences committed outside the national territory, when under the laws or treaties the Spanish courts have to prosecute them.

(f) Offences attributed to the European Public Prosecutor ' s Office under articles 22 and 25 of the Council Regulation (EU) 2017/1939 of 12 October 2017when the latter had decided to exercise its competence.

(g) Offences involving the smuggling of defence materials, other materials and dual-use products and technology.

In any event, the Criminal Division of the National High Court shall extend its jurisdiction to deal with the offences related to all those described above.

2. The criminal proceedings initiated abroad, the execution of sentences handed down by foreign courts or the execution of a prison sentence imposed by foreign courts, where under an international treaty Spain is responsible for the continuation of criminal proceedings initiated abroad, the execution of a foreign criminal sentence or the execution of a custodial sentence or security measure, except in cases where this Act confers any of these powers on another criminal court.

3. Questions of assignment of jurisdiction in criminal matters arising out of compliance with international treaties to which Spain is a party.

4. Appeals with respect to instruments of mutual recognition of criminal decisions in the European Union that are assigned to them by law, and the resolution of judicial proceedings for passive extradition, regardless of the place of residence or where the arrest of the person affected by the proceedings took place.

5. The appeals provided for in the law against sentences and other decisions of the Criminal Division, the Investigation Section, including its functions as Safeguards Judges for offences before the European Public Prosecutor ' s Office, and the Juvenile Section of the Central Court of Instance.

6. Appeals against decisions rendered by the Prison Supervision Section of the Central Court of Instance in accordance with additional provision 5.

7o The procedures for autonomous confiscation for offences for which they are competent.

8.o Of any other matter attributed to him by law.

Points 1, 5 and 6 are amended by Article 1.13 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph (b) is amended and (g) is added by final provision 1.1 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Please note that this amendment enters into force on the day of its publication, as provided for in the sixth final provision of the aforementioned Organic Law.

Point (f) is added to number 1 and 5 is amended by final provision 2.4 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Number 7 is renumbered as 8 and 7 is added by final provision 1.2 of Organic Law 13/2015, of 5 October Ref. BOE-A-2015-10725.

The fourth paragraph is amended by the sole article 1 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 1 (b) is amended by final provision 3 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953.

The second paragraph of article 1 of Organic Law 2/2008 of 4 December is amended. Ref. BOE-A-2008-19660.

The number 6 is renumbered as 7th and a new number 6 is added by art. 1.1 of Organic Law 5/2003 of 27 May. Ref. BOE-A-2003-10614

The fourth paragraph of article 1 of Organic Law No. 2/2003 of 14 March is amended. Ref. BOE-A-2003-5450

The fifth paragraph is amended to read as follows: 3.1 of Organic Law 7/2000 of 22 December. Ref. BOE-A-2000-23659

The initial subparagraph of No. 1 and No. 5 is amended by art. 1.4 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 66.

The Dispute Chamber of the National High Court shall hear:

(a) In the sole instance, of administrative and contentious appeals against the provisions and acts of Ministers, Ministers, Secretaries and Secretaries of State which the law does not assign to the Disputes Section of the Central Court of Instance.

(b) In the sole instance, of administrative and adjudicatory appeals against acts ordered by the Commission for the Supervision of Terrorist Financing Activities. It shall also be aware of the possible extension of the time limits laid down by the Monitoring Commission with regard to the measures provided for in articles 1 and 2 of Act No. 12/2003 on the prevention and blocking of the financing of terrorism.

(c) Devolution proceedings against decisions of the Dispute Section of the Central Court of Instance, as provided by law.

(d) The appeals not granted to the High Courts of Justice in relation to agreements between public administrations and decisions of the Central Economic and Administrative Tribunal.

(e) Questions of competence that may arise between the judges and magistrates of the Dispute Section of the Central Court of Instance and such other remedies as may exceptionally be conferred upon it by law.

(f) The application for authorization for the declaration provided for in additional provision 5 of the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights, when such request is made by the Spanish Agency for Data Protection.

Points (a), (c) and (e) are amended by Article 1.14 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Point (f) is added by final provision 4.2 of Organic Law 3/2018 of 5 December. Ref. BOE-A-2018-16673

It is amended by art. 1 of Organic Law 4/2003 of 21 May. Ref. BOE-A-2003-10287

It is amended by article 4 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

It is amended by art. 13 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 67.

The Social Affairs Chamber of the National High Court shall hear in one instance:

1. Special proceedings for the challenge of collective agreements whose territorial scope of application is greater than the territory of an Autonomous Community.

2. of the processes concerning collective conflicts whose resolution is to have effect in a territorial area higher than that of an Autonomous Community.

Article 68.

1. Each Chamber of the National High Court shall also be aware of any challenge brought against the judges who make it up.

2. For this purpose, the challenged judges shall not be part of the Chamber.

Article 69.

A Chamber consisting of the President of the National High Court, the Presidents of the Chambers and the oldest and most modern of each, or the one who, respectively, replaces him, shall hear incidents of disqualification of the President, the Presidents of the Chamber or more than two Judges of a Chamber.

CHAPTER III

High Courts of Justice

Article 70.

The High Court of Justice of the Autonomous Community shall complete the judicial organization in the territorial sphere of the Autonomous Community, without prejudice to the jurisdiction of the Supreme Court.

Article 71.

The High Court of Justice shall take the name of the Autonomous Community and extend its jurisdiction to the territorial area of the Autonomous Community.

Article 72.

1. The High Court of Justice shall consist of the following Chambers: Civil and Criminal, Dispute and Social Chambers.

2. It shall be composed of a President, who shall also be a President of its Civil and Criminal Division, and shall be considered a Judge of the Supreme Court during his or her term of office; of the Presidents of the Chamber and of the Judges determined by law for each of the Chambers and, where appropriate, of such Sections as may be established within them.

Article 73.

1. The Civil and Criminal Division of the High Court of Justice shall, as the Civil Division:

(a) An appeal against decisions of civil courts based in the autonomous community, provided that the appeal is based on a violation of the rules of civil, foreign or special law of the community, and that the corresponding Statute of Autonomy has provided for this assignment.

(b) The extraordinary remedy of review provided for by law against judgements handed down by civil order courts based in the autonomous community, in matters relating to civil, foreign or special law, specific to the autonomous community, if the corresponding Statute of Autonomy has provided for this attribution.

(c) The functions of support and control of arbitration provided for in the law, as well as requests for exequatur of foreign awards or arbitral decisions, unless, in accordance with the provisions of the treaties or rules of the European Union, it is the responsibility of another court or tribunal.

2. This Chamber shall also hear:

(a) At the sole instance, of civil liability claims, for acts committed in the exercise of their respective positions, directed against the President and members of the Governing Council of the Autonomous Community and against members of the Legislative Assembly, where such attribution does not correspond, in accordance with the Statutes of Autonomy, to the Supreme Court.

(b) In the sole instance, applications for civil liability, for acts committed in the exercise of his or her office, against all or most of the judges of a Provincial High Court or any of its sections.

(c) Questions of jurisdiction between civil courts based in the autonomous community that have no common superior.

3. As a criminal division, this Chamber is responsible for:

(a) The knowledge of criminal cases which the Statutes of Autonomy reserve for the consideration of the High Courts of Justice.

(b) The investigation and adjudication of criminal cases against judges, magistrates and members of the Public Prosecutor ' s Office for offences or misdemeanours committed in the autonomous community, provided that such attribution does not fall within the competence of the Supreme Court.

(c) The hearing of appeals against decisions handed down at first instance by the Provincial High Courts, as well as those provided for by law.

(d) The decision of questions of jurisdiction between criminal courts based in the autonomous community that have no common superior.

(e) Procedures for self-deprivation for offences for which they are competent.

4. For the purposes of the investigation of the cases referred to in paragraphs (a) and (b) of the preceding subparagraph, an investigator shall be appointed from among the members of the Chamber, on a pre-established basis, who shall not be a member of the Chamber to try them.

In cases involving offences attributed to the European Public Prosecutor's Office, the members of the Chamber shall be appointed, on a pre-established basis, a judge of guarantees who shall not be part of the Office to try them.

5. It is also responsible for deciding on matters of jurisdiction between Sections of Juvenile Courts located in different provinces of the autonomous community.

6. If the number of cases so advises, one or more sections and even the Criminal Division may be set up with its own territorial district in capitals which are already the seat of other chambers of the High Court, for the sole purpose of hearing appeals referred to in paragraph 3 (c) of this article and other appeals granted by law to the High Court of Justice.

Appointments to magistrates of these sections or chambers, on the proposal of the General Council of the Judiciary, shall be made by those judges who, having the status of specialist in criminal order obtained by passing the selective evidence determined by the General Council of the Judiciary, have the best place on their scale. In the absence of these, it shall be the responsibility of those judges who, having served in the criminal court order for 10 years within 15 years immediately prior to the date of the summons, have the best place on the list. The seniority in mixed bodies shall be calculated in the same way for this purpose. In the absence of this, those who are best placed on the ladder will be appointed.

Paragraph 5 is amended by Art. 1.15 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

A second subparagraph is added to paragraph 4 by final provision 2.5 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Point (e) is added to paragraph 3 by final provision 1.3 of Organic Law 13/2015 of 5 October Ref. BOE-A-2015-10725.

Paragraph 6 is amended by the sole article.20 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 1 (c) is added by the sole article 1 of Organic Law 5/2011 of 20 May. Ref. BOE-A-2011-8846.

It is amended by article 8 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3(c) is added and paragraph 3(c) is reordered as (d) by final provision 1.1 of Organic Law 5/1995 of 22 May. Ref. BOE-A-1995-12095

Paragraph 4 is renumbered as 5 and a new paragraph 4 is added by Art. 1.5 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 74.

1. The Dispute Chambers of the High Courts of Justice shall, in one instance, be seized of the remedies available in connection with:

(a) Acts of the local entities and the administrations of the autonomous communities, whose knowledge is not attributed to the Dispute Sections of the Courts of Instance.

(b) General provisions emanating from the autonomous communities and local entities.

(c) The acts and provisions of the governing bodies of the legislative assemblies of the autonomous communities and of regional institutions similar to the Court of Auditors and the Ombudsman, in matters of personnel, administration and property management.

(d) Acts and resolutions issued by the Regional and Local Economic and Administrative Tribunals that end the economic and administrative path.

(e) Orders issued by the Central Economic and Administrative Tribunal in respect of assigned taxes.

(f) The acts and provisions of the Provincial and Autonomous Communities Electoral Boards, as well as the contentious-electoral appeals against the agreements of the Electoral Boards on the proclamation of elected persons and the election and proclamation of presidents and presidents of local bodies in accordance with electoral legislation.

(g) Agreements between public administrations whose powers are exercised in the territorial sphere of the autonomous community concerned.

(h) The prohibition or proposed modification of meetings provided for in the Organic Law 9/1983 of 15 July 1983, regulating the right of assembly.

(i) Acts and decisions rendered by organs of the General Administration of the State whose competence extends throughout the national territory and whose organizational level is lower than the Minister, Minister, Secretary or Secretary of State, in matters of personnel, special property and forced expropriation, except as provided for in article 82.2. 3rd

(j) Any other administrative proceedings not expressly assigned to the competence of other bodies of this judicial order.

(k) The application for authorization for the declaration provided for in Additional provision 5 of Organic Law 3/2018, of 5 December, of Personal Data Protection and guarantee of digital rights, when such request is made by the data protection authority of the respective autonomous community.

2. They shall hear, at second instance, appeals filed against judgements and orders handed down in the Dispute Sections of the Tribunals and the corresponding complaints.

3. They also have the right, in accordance with the provisions of this Act, to hear appeals for review of final judgements handed down in the Dispute Sections of the Tribunals.

4. They shall be seized of matters of competence between the Dispute Sections of the Tribunals of Instance based in the autonomous community.

5. It is for the Dispute Chambers of the High Courts of Justice to authorize, by order, the request for information by regional data protection authorities to operators providing electronic communications services available to the public and information society service providers, where necessary in accordance with specific legislation.

It is amended by art. 1.16 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1(i) is amended by the sole article 1 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Please note that this amendment, in relation to appeals against decisions of the Spanish Patent and Trademark Office that terminate the administrative procedure, will enter into force on 14 January 2023, as set out in final provision 5 of the aforementioned Organic Law.

Point (k) is added to paragraph 1 and paragraph 7 by final provision 4.3 of Organic Law 3/2018 of 5 December. Ref. BOE-A-2018-16673

It is amended by article 5 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Article 75.

The Social Chamber of the High Court of Justice shall hear:

1. In the sole instance, of the proceedings established by law on disputes affecting the interests of workers and employers and entrepreneurs in a higher level than that of a Social Section of the Court of Instance and not higher than that of the Autonomous Community.

2. The remedies provided for in the law against decisions of the Social Sections of the Courts of Instance of the Autonomous Community, as well as remedies for applications and other remedies provided for in the law against decisions of the Commercial Sections of the Courts of Instance of the Autonomous Community in labour matters, and those that resolve the insolvency cases in the same area.

3. Questions of competence arising between the Social Sections of the Courts of Instance of the Autonomous Community.

It is amended by art. 1.17 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by Article 2.2 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Article 76.

Each Chamber of the High Court of Justice shall hear challenges against its judges if the jurisdiction does not fall within the jurisdiction of the Chamber referred to in the following article.

Article 77.

1. A Chamber constituted by the President of the High Court of Justice, the Presidents of the Chamber and the most modern judge of each of them shall hear challenges against the President, the Presidents of the Chamber or Provincial High Courts based in the Autonomous Community or two or more Judges of a Chamber or Section or of a Provincial High Court.

2. The challengeee may not be a member of the Chamber and may be replaced in accordance with the provisions of this Act.

Article 78.

Where the number of cases from certain provinces or other circumstances so require, the Dispute or Social Chambers may be established on an exceptional basis with jurisdiction limited to one or more provinces of the same Autonomous Community, in whose capital they shall have their seat. These Chambers shall be composed, at least, of their President, and shall be completed, where appropriate, with Judges of the Provincial High Court of their headquarters.

Article 79.

The Plant Law may, in those High Courts of Justice where the number of cases so warrants, reduce the number of Judges, the Chambers being composed of their respective President and the Presidents and Judges, if any, as the latter determines.

CHAPTER IV

Provincial High Courts

Article 80.

1. The Provincial High Courts, which shall have their seat in the capital of the province, from which they shall take their name, shall extend their jurisdiction to the whole province, without prejudice to the provisions of Article 82(4).

2. Sections of the Provincial High Court may be created outside the capital of the province, to which one or more judicial parties shall be attached.

3. In any event, and following a report by the relevant Government Chamber, the General Council of the Judiciary may agree that the knowledge of certain kinds of cases shall be attributed exclusively to a section of the Provincial High Court, which shall always extend its competence to all its territorial scope even if there are displaced sections. This agreement will be published in the "Official State Gazette".

It is amended by article 9 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 2.3 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Article 81.

1. The Provincial Courts shall consist of a President and two or more judges. They may also consist of two or more sections of the same composition, in which case the President of the Hearing shall preside over one of the sections to be determined at the beginning of his term of office.

2. Where the limited number of cases referred to a Provincial High Court so advises, its staff may be composed of one to two judges, including the President. In this case, the Provincial High Court shall be completed for trial and judgement, and where the nature of the decision to be rendered so requires, with the number of judges required by the High Court of Justice. For this purpose, the Governing Chamber shall establish one shift for each judicial year.

3. Similarly, where the best administration of justice so advises, the sections of the Court may be composed of four or more judges.

4. The secondment of judges to the various sections shall be functional if they are not separated by court order or by speciality. If so, the secondment shall be functional only within those of the same order or specialty.

Paragraph 3 is amended by the sole article 1 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 10 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3 is added by Art. 3.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 82.

1. The Provincial High Courts shall hear in criminal proceedings:

1. Criminal cases, with the exception of those which the law assigns to the knowledge of the Criminal Sections of the Courts of Instance or other courts provided for in this Act.

2. The remedies provided for by law against decisions handed down by the Investigation and Criminal Divisions of the Provincial Courts of Instance.

In order to hear appeals against decisions of the Pre-Trial Sections of the Courts of Instance in cases of minor offences, the Court shall be constituted by a single judge or judge, by a division.

3. The remedies provided for by law against criminal decisions handed down by the Sections on Violence against Women and by the Sections on Violence against Children and Adolescents. In order to facilitate the knowledge of these resources, and in the light of the number of existing cases, one or more of its Sections shall be specialized in accordance with article 80.3 of this Organic Law. This specialization will be extended to cases where the Provincial High Court is responsible for the trial in first instance of cases dealt with by the Sections on Violence against Women, by the Sections on Violence against Children and Adolescents and by the Instruction Sections of the Provincial Courts of Instance, in proceedings in which the victims are children or adolescents or victims of violence against women.

4. The Provincial High Courts shall also hear appeals against the decisions of the Juvenile Sections of the Provincial Courts and questions of competence between them.

5. The appeals provided for by law against decisions of the Prison Supervision Sections of the Courts of Instance, where the jurisdiction does not fall within the jurisdiction of the Criminal Division of the National High Court.

6. The procedures for autonomous confiscation for offences for which they are competent.

2. The Provincial High Courts shall have jurisdiction in civil matters:

1. Appeals under the law against decisions rendered at first instance by the Civil Sections of the Province Courts of Instance.

In order to hear appeals against decisions of the Civil Sections of the Courts of Instance following the oral proceedings on the basis of the amount, the hearing shall be constituted by a single judge or judge, by a division.

2. The remedies provided for by the law against decisions handed down in the first instance by the Family, Children and Capacity Sections and in civil matters, by the Violence against Women Sections and the Violence against Children and Adolescents Sections of the Provincial Courts of Instance. In order to facilitate the knowledge of these resources, and in the light of the number of existing cases, one or more of its Sections may be specialized in accordance with the provisions of article 82 bis and 80.3 of this Organic Law.

3. The remedies provided for in the law against decisions handed down in first instance by the Commercial Sections of the Courts of Instance, except for those issued in court cases in labour matters. They will also hear appeals against decisions that exhaust the administrative channels issued in matters of industrial property by the Spanish Patent and Trademark Office.

3. In addition, the Section or Sections of the Provincial High Court of Alicante specializing in commercial matters shall be aware, in the second instance and exclusively, of all the resources referred to in Article 133 of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark and the Council Regulation (EC) 6/2002 of 12 December 2001on Community designs. In the exercise of this competence they shall extend their jurisdiction throughout the national territory, and for these purposes only they shall be referred to as European Union Trademark Courts.

4. The Provincial High Courts are also responsible for:

1. Questions of competence in civil and criminal matters arising between judges, judges, magistrates and judges of the same or different Court of Instance of the province.

2. Recusals of judges and magistrates, where the jurisdiction is not assigned to the existing special chamber for this purpose in the High Courts of Justice.

It is amended by art. 1.18 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 2 to 4 are amended by the sole article 2 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

It should be noted that the amendment of paragraph 2.3o, in relation to appeals against decisions of the Spanish Patent and Trademark Office that put an end to the administrative procedure, will enter into force on 14 January 2023, as set out in final provision 5 of the aforementioned Organic Law.

Paragraph 2 of number 2 is amended and paragraph 6 is added to paragraph 1 by final provision 1.4 of Organic Law 13/2015 of 5 October. Ref. BOE-A-2015-10725.

Section 2.2 is amended by article 21 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 1.2 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

The fourth subparagraph of paragraph 1 and the last subparagraph of paragraph 4 are added by Article 45 and 46 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Paragraph 4 is amended by Article 2.4 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Paragraph 3 of paragraph 1 is amended by Art. 1.2 of Organic Law 5/2003 of 27 May. Ref. BOE-A-2003-10614

It is amended by art. 1.6 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Drafted paragraph 5 (b) in accordance with the correction of errors in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 82 bis.

1. The General Council of the Judiciary, heard by the Governing Chamber of the High Court of Justice, may agree that one or more sections of the same Provincial High Court shall take up the appeals against decisions handed down by judges, judges and magistrates of the Civil Sections of the Province Courts of Instance on certain matters.

2. The General Council of the Judiciary, having heard the Governing Chamber of the High Court of Justice, may agree that one or more sections of the same Provincial High Court shall take up the remedies available against decisions handed down at first instance by judges, judges, magistrates and magistrates of the Violence against Women Sections, the Violence against Children and Adolescents Sections and the Family, Children and Capacity Sections of the Province.

3. The General Council of the Judiciary, heard by the Governing Chamber of the High Court of Justice, may agree that one or more sections of the same Provincial High Court shall have knowledge of the appeals brought against decisions handed down at first instance by judges, magistrates and magistrates of the Sections of the Mercantile and of appeals against decisions that exhaust the administrative channels issued in matters of industrial property by the Spanish Office of Patents and Trademarks. The specialisation agreement must necessarily be adopted when the number of places of magistrates and magistrates of the Sections of the Mercantile existing in the province is more than five and may be exclusive of the knowledge of other appeals attributed to the competence of the sections of the same Provincial High Court.

If the specialized sections are more than one, the General Council of the Judiciary shall distribute the knowledge of the resources among them, taking into account the matters assigned to the competence of the Commercial Sections of the Courts of Instance.

4. The agreements referred to in this Article shall be published in the "Official Gazette of the State" and shall have effect from the beginning of the year following the year in which they are adopted, unless, for reasons of urgency, another prior moment is reasonably established.

It is amended by art. 1.19 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by article 3 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Text added, published on 28/07/2022, in force from 17/08/2022.

Article 83.

1. The trial of the jury shall be held within the Provincial High Court or other courts and in the manner established by law.

2. The composition and competence of the jury is regulated by the Organic Law of the Jury Court.

Paragraph 2 is amended by final provision 1.2 of Organic Law 5/1995 of 22 May. Ref. BOE-A-1995-12095

CHAPTER V

The Courts of Instance and the Central Court of Justice

The heading is amended by Art. 1.20 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by additional provision 10.2 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

It is amended by art. 2.5 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

It is amended by art. 2.1 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 84.

1. There shall be a Court of Instance in each judicial party, based in its capital, from which it shall take its name.

2. The Courts of Instance shall consist of a Single, Civil and Pre-Trial Section. In the cases determined by the Law 38/1988 of 28 December 1988The Court of Appeal shall be composed of a Civil Section and an Investigation Section.

In addition to the above, the Courts of Instance may be composed of one or more of the following sections:

(a) Family, Children and Capacity.

(b) Commercial.

(c) Violence against women.

(d) Violence against children and adolescents.

(e) Criminal matters.

(f) Minors.

(g) Prison supervision.

(h) Dispute matters.

(i) Social.

3. Each Court of Justice shall have a Presidency. Sections of the Court of Justice shall have a Section Presidency in the following circumstances:

(a) there are two or more sections of the Court of Justice.

(b) There are eight or more judicial positions in the Section concerned.

(c) The total number of judicial places of the Court of Instance is 12 or more.

4. Judges, judges and magistrates appointed or assigned to the various sections of the Courts of Instance are responsible for the exercise of their judicial functions. Your secondment to the aforementioned Sections will be functional. On the basis of criteria for rationalizing work, judges, magistrates and magistrates appointed or assigned to a section of the Court of Justice may hear cases re-entering other sections of the Court, provided that they are in the same court order. This assignment shall be made by agreement of the General Council of the Judiciary, at the proposal of the Presidency of the Court and after hearing the Board of Judges of the judicial order to which it relates. Where the assignment is agreed to cover absences caused by the granting of long-term commissions or leave, it may affect matters of re-entry or those of which the judge, judge, magistrate or judge in any such situation is seized. Such agreements shall be published in the "Official Gazette of the State".

5. It may be established that some of the sections of the Courts of Instance extend their jurisdiction to one or more judicial parties in the same province, or to several neighbouring provinces within the scope of the same High Court of Justice.

6. In the Court of Instance, two of its judges, judges, magistrates or magistrates may be appointed on the basis of a pre-established and public annual sitting, so that they may, together with the judge or judges who were initially referred to in the case, conduct an investigation of a particular criminal proceeding or, at first instance, hear proceedings in any judicial order where, in view of the volume, special complexity or number of participants in a proceeding, such appointment favours the exercise of the judicial function. In such cases, for the adoption of all decisions made in the course of the proceedings, the rapporteur shall act as the person or persons to whom the matter was initially referred. These judges, magistrates or magistrates shall hear such proceedings until they are completed, without prejudice to the possibility of further division of other matters.

It is amended by art. 1.21 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 85.

Generally speaking, in the Courts of Instance, the Civil or Civil Sections and Instructional Sections which constitute a Single Section shall extend their jurisdiction to a judicial party.

These sections shall be known, in civil order:

1. In the first instance, of trials not attributed by this law to other judicial bodies.

2. Acts of voluntary jurisdiction as provided by law.

3. The remedies provided for by law against the decisions of the judges and justices of the peace of the party.

4. Questions of jurisdiction in civil matters between the judges and the justices of the party.

5. Requests for recognition and enforcement of foreign judgments and other judicial decisions and enforcement of foreign arbitral awards or decisions, unless, as agreed in treaties and other international standards, the knowledge of another Section or Tribunal is relevant.

It is amended by art. 1.22 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 6 is deleted by Article 4 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 6 is added by Article 22 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 5 is amended by the sole article.2 of Organic Law 5/2011 of 20 May. Ref. BOE-A-2011-8846.

It is amended by article 11 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 86.

1. A Family, Children and Capacity Section shall be established in the Court of Appeal, depending on the workload, and shall extend its jurisdiction to the entire judicial party.

2. Notwithstanding the provisions of the preceding paragraph, the Government may, by royal decree, establish, on a proposal from the General Council of the Judiciary and, where appropriate, with a favourable report from the autonomous community with powers in the fields of justice, family, children's and capacity sections that extend their jurisdiction to two or more parties within the same province.

3. The General Council of the Judiciary may, after having received a report from the Government Chambers, agree that, in courts of law where there is no Family, Children and Capacity Section and due to the existing workload, the knowledge of the cases referred to in this article is the responsibility of one of the judges, judges, magistrates or magistrates of the Civil, Civil and Instruction Section, which constitutes a single section, and it is determined in this situation that the judge, judge, magistrate or magistrate is seized of all these matters within the judicial party, either exclusively or having knowledge of other matters as well.

4. In judicial parties where there is a Court of Instance with a single section consisting of a single judicial position, the judge who occupies it shall be the person who takes over the knowledge of family matters when a Family, Children and Capacity Section has not been established.

5. The Family, Children and Capacity Sections will be aware of how many family issues are raised in accordance with the provisions of the law. In any event, the jurisdiction of these Sections shall be exclusive and exclusive in the following matters:

(a) Those relating to marriage and its matrimonial property regime and those aimed at the adoption or modification of measures of family significance and other actions arising from the marriage crisis or de facto union.

(b) Those relating exclusively to the custody and custody of minor children or to maintenance claimed by one parent against the other on behalf of the minor children.

(c) those relating to the modification of measures taken in proceedings concerning the matters referred to in the preceding paragraphs.

(d) Those relating to maternity, paternity, filiation and adoption.

(e) Those relating to maintenance between relatives.

(f) Parental relationships.

(g) Measures to be taken by the courts to support persons with disabilities, including non-voluntary placements for reasons of mental disorder.

(h) Those relating to the protection of the child, including those covered by the procedures provided for in articles 778 bis and 778 ter and chapters IV bis and V of the Convention; Title I of Book IV of Law 1/2000, of 7 JanuaryCivil prosecution.

(i) Opposition to the decisions and acts of the Directorate-General for Legal Security and the Public Faith in matters relating to the Civil Registry, which are dealt with under the Civil Registry procedure; Article 781 bis of Law 1/2000 of 7 JanuaryCivil prosecution.

(j) Records of voluntary jurisdiction in matters of persons and family other than those regulated in chapters IX and X of the Convention Title I of Law 15/2015 of 2 July, of the Voluntary Jurisdiction.

(k) Those relating to the recognition of civil effectiveness of ecclesiastical decisions or decisions in matrimonial matters.

(l) Recognition and enforcement of foreign civil judgements and judicial decisions on minors, family and support measures.

(m) The processes for the realization of the rights recognized in Article 160 of the Civil Code.

(n) Any other civil matters relating to the family or the protection of children or persons with disabilities.

It is amended by art. 1.23 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 5 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

It is repealed by article 2 of Organic Law 8/2011 of 21 July. Ref. BOE-A-2011-12627.

Article 86 bis.

(Deleted)

It shall be deleted by art. 1.24 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 6 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

It is added by art. 2.6 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Text added, published on 10/07/2003, in force from 11/07/2003.

Article 86 ter.

(Deleted)

It shall be deleted by art. 1.24 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article the sole Article, point 7 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraphs 1 and 2 are amended by article 23 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraphs 1.4 and 3 are amended and 2.g) is repealed by the sole article 3 and by the repeal of Organic Law 5/2011 of 20 May. Ref. BOE-A-2011-8846.

Paragraph 2(f) is amended and paragraph 3 is added by final provision 1.1 and 2 of Organic Law 13/2007 of 19 November. Ref. BOE-A-2007-19879.

Paragraph 2 (g) is amended by Art. 1 of Organic Law 20/2003 of 23 December. Ref. BOE-A-2003-23645.

It is added by art. 2.7 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Text added, published on 10/07/2003, in force from 11/07/2003.

Article 86 quater.

(Deleted)

It shall be deleted by art. 1.24 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by article 8 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Text added, published on 28/07/2022, in force from 17/08/2022.

Article 86 quinquies.

(Deleted)

It shall be deleted by art. 1.24 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by article 9 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Text added, published on 28/07/2022, in force from 17/08/2022.

Article 87.

1. Generally speaking, there will be a Commercial Section at the Court of Instance based in the capital of each province with jurisdiction throughout the province and based in its capital.

2. In those provinces where, due to the workload, a Commercial Section is not constituted, the knowledge of the cases referred to in this article shall be the responsibility of one of the judges or one of the judges of the Civil, Civil and Instruction Section, which shall constitute a Single Section in the Court of Instance of the provincial capital.

3. By way of exception to the provisions of the preceding paragraphs, where a province has a population of less than 500,000 inhabitants, the Government may, by royal decree, at the proposal of the General Council of the Judiciary with a favourable previous report of the autonomous community with powers in the field of justice or at the proposal of this community, the General Council of the Judiciary may extend to that province the jurisdiction of the Commercial Section of another province belonging to the same autonomous community.

4. Where a judicial party has more than 250,000 inhabitants and, belonging to the same province, is not bordered by that of its capital, the Government, acting on a proposal from the General Council of the Judiciary and with a favourable previous report from the autonomous community with powers in the field of justice or on a proposal from the autonomous community with powers in the field of justice and after hearing the General Council of the Judiciary, may set up a Commercial Section in the Court of Instance of that judicial party with jurisdiction in it and in such other judicial parties as may be considered appropriate.

5. In those provincial capitals where there is more than one judge, judge or judge in the Commercial Section and less than five, applications for the declaration of competition from natural persons creditors will be distributed to only one of them. If the number of judges, judges, magistrates and magistrates of that Section was more than five, those applications would be distributed to two or more equally determined persons, excluding the others.

6. The Sections of the Trades shall be concerned with the following matters:

(a) Any matters falling within the jurisdiction of the civil court in the field of intellectual and industrial property; unfair competition and advertising; commercial companies, cooperatives, economic interest groups; land, national or international transport; maritime law and air law.

By way of derogation from the provisions of the preceding paragraph, the Sections of Commerce shall not be competent to hear claims based solely on the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004establishing common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91; Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021on the rights and obligations of rail passengers; on the Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011on the rights of bus and coach passengers and amending Regulation (EC) No 2006/2004; and Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010, on the rights of passengers travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.

(b) Actions relating to the implementation of articles 101 and 102 of the Treaty on the Functioning of the European Union and of the Articles 1 and 2 of Law 15/2007 of 3 Julythe defence of competition and the claims for compensation for the damage caused by the infringement of competition law.

(c) Direct appeals against the negative ratings of registrars and registrars of commerce or, where appropriate, against the express or alleged decisions of the Directorate General of Legal Security and the Public Faith concerning such qualifications.

7. The Sections of the Commercial Affairs shall also have jurisdiction over all matters falling within the jurisdiction of the civil court order in respect of the procurement of creditors or creditors, irrespective of the civil or commercial status of the debtor, the restructuring plans and the special procedure for micro-enterprises, in accordance with the terms established by the Consolidated text of the Law on the Concursal, approved by Royal Legislative Decree 1/2020, of 5 May. In relation to the jurisdiction of the judge or the judge of the competition:

(a) In any event, it shall be exclusive and exclusive in the following matters:

1.a Civil actions with patrimonial significance directed against the person in question, with the exception of those in civil proceedings concerning capacity, filiation, marriage and minors.

2.a Executions relating to court claims or against the mass on the assets and rights of the person in question integrated or integrated into the active mass, whatever the court or administrative authority that ordered it, without any exceptions other than those provided for in the insolvency law.

3.a The determination of the necessary character of an asset or right for the continuation of the professional or business activity of the debtor.

4.a Declaration of the existence of succession of enterprises for labour and social security purposes in cases of transmission of unit or productive units and determination of the limits of such a declaration in accordance with the provisions of labour and social security legislation.

5.a Precautionary measures affecting or likely to affect the property and rights of the person in question integrated or integrated into the active mass, whatever the court or administrative authority that has agreed to it, except those taken in civil proceedings concerning the provision of support measures and others relating to persons with disabilities, filiation, marriage and minors.

6.a. Other matters laid down in the insolvency law.

(b) Where the debtor or debtor is a natural person, the jurisdiction of the judge or the judge of the competition shall also be exclusive and exclusive in the following matters:

1.a. In the course of the proceedings, the court must take measures in respect of free legal aid.

2.a The dissolution and liquidation of the conjugal society or community of the person in question.

(c) Where the debtor is a legal person, the jurisdiction of the judge or the judge of the competition shall be exclusive and exclusive in the following matters:

1.a Actions for the recovery of social debts that are exercised against the members of the acquired company that are subsidiary to the payment of those debts, whatever the date on which they were contracted, and actions to require the members of the acquired company to pay the deferred social contributions or the performance of the ancillary benefits.

2.a Actions for civil liability against administrators, administrators, liquidators or liquidators, de jure or de facto; against the natural person designated for the permanent exercise of the functions proper to the position of administrator legal person; and against persons, whatever their name, who have powers of the highest management of the company where there is no permanent delegation of powers of the board of directors to one or more delegated directors or to an executive commission, for damages caused, before or after the judicial declaration of competition, to the legal person in question. In any event, the review of the actions of liability by the Public Administrations in the exercise of their self-tutela shall be excluded from this jurisdiction.

3.a Liability actions against auditors and auditors for damages caused, before or after the judicial declaration of competition, to the legal person in question.

(d) The jurisdiction of the judge of the competition is exclusive and exclusive to hear social actions aimed at substantially changing working conditions, transferring, dismissing, suspending contracts and reducing working hours for economic, technical, organizational or production reasons which, in accordance with labour law and the provisions of contract law, are collective in nature, as well as those relating to the suspension or termination of senior management contracts.

The suspension of contracts and the reduction of working hours shall be collective in nature when they affect the number of workers established in the labour legislation for the substantial modification of working conditions in this way.

(e) The jurisdiction of the judge or judge of the competition extends to all civil pre-trial questions, without any exceptions other than those laid down in the insolvency law, the administrative and social questions directly related to the competition or the decision of which is necessary for the proper conduct of the proceedings. A decision on these matters shall not take effect outside the insolvency proceedings in which it occurs.

8. The Commercial Sections shall be competent for the recognition and enforcement of foreign judgements and other foreign judicial decisions when they are dealt with in any of the matters covered by this article, except that, according to international treaties and other international standards, the knowledge of this matter falls within the competence of another judicial body.

9. The Sections of the Mercantile shall have exclusive competence to know in first instance, in accordance with the attribution of objective, territorial and functional competence established in the Law 1/2000 of 7 Januaryof Civil Procedure, of the appeals against the decisions rendered by the First Section of the Intellectual Property Commission to resolve the contentious issues concerning the agreement provided for in article 129 bis.3 of the recast text of the Intellectual Property Actapproved by Royal Legislative Decree 1/1996 of 12 April 1996. These courts may, in any event, rule on the merits of the dispute and may suspend the execution of the decision rendered by Section One in an interim period pending the decision of the court.

10. In addition to the competence to hear cases under the jurisdiction of the whole province, the Commercial Section of the Court of Instance of Alicante shall have exclusive jurisdiction to hear, in first instance, cases brought under the jurisdiction of the courts in all the national territory of those cases brought under the jurisdiction of the Court of First Instance. Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark, and of the Council Regulation (EC) No 6/2002 of 12 December 2001on Community designs.

For the sole purposes of the specific jurisdiction referred to in the preceding paragraph, that Section shall be referred to as the European Union Trade Mark Court and shall also have exclusive jurisdiction to hear civil claims in which cumulative actions relating to Union trade marks and identical or similar national or international trade marks are pursued; and those in which there is any other connection between the actions pursued if at least one of them is based on a Union trade mark registration or application.

It is amended by art. 1.25 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is added by Article 1 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Point (b) is amended and (h) is added to paragraph 1 by final provision 1.5 of Organic Law 13/2015 of 5 October Ref. BOE-A-2015-10725.

Paragraph 1 (g) is amended by Article 2 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 2 is amended by additional provision 4 of Organic Law 2/2009 of 11 December. Ref. BOE-A-2009-19949.

Paragraph 1 (g) is added by the sole article of Organic Law 5/2006 of 5 June. Ref. BOE-A-2006-9957.

Paragraph 1 is amended by additional provision 10.3 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

The second subparagraph is added to paragraph 1(a) by Article 2.1 of Organic Law 8/2002 of 24 October. Ref. BOE-A-2002-20822

Paragraph 2 is deleted by the sole article 6 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Paragraph 1 is amended by Article 2.2 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Paragraph 1(c) was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 87 bis.

(Deleted)

It shall be deleted by art. 1.26 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by article 24 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is added by art. 43 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Text added, published on 29/12/2004, in force from 29/06/2005.

Article 87 ter.

(Deleted)

It shall be deleted by art. 1.26 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Point (h) is added to paragraph 2 by Article 1 of Organic Law 2/2022 of 21 March. Ref. BOE-A-2022-4516

Paragraph 6 is added by Article 2 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Points (a) and (d) are amended and (g) are added to paragraph 1 by Article 25 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Point (f) is added to paragraph 1 by the sole article.3 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 1 (e) is added by final provision 1 of Organic Law 3/2005 of 8 July. Ref. BOE-A-2005-11863.

It is added by art. 44 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Text added, published on 29/12/2004, in force from 29/06/2005.

Article 87 quater.

(Deleted)

It shall be deleted by art. 1.26 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by article 3 of Organic Law 5/2018, of 28 December. Ref. BOE-A-2018-17988

Added text, published on 29/12/2018, in force from 18/01/2019.

Article 88.

1. Generally speaking, in the Courts of Instance, the Investigation Sections or the Single Sections shall extend their jurisdiction to a judicial party.

These sections shall be known, in criminal order:

(a) The investigation of criminal cases for which the Provincial High Courts and the Criminal Divisions of the Courts are responsible, except for the investigation of cases falling within the competence of the Violence against Women Sections or the Violence against Children and Adolescents Section.

(b) It is also their responsibility to render a judgement in accordance with the indictment in cases established by law and in proceedings by acceptance of a decree.

(c) The knowledge and judgement of trials for minor offences, except for those that are the responsibility of justices and magistrates of the peace, or of the Sections on Violence against Women or of the Section on Violence against Children and Adolescents.

(d) Of the procedures for habeas corpus.

(e) The remedies provided by law against decisions handed down by the party ' s judges and justices of the peace and questions of competence between them.

(f) The adoption of the order for the protection of victims of violence against women, children and adolescents when they are acting as guards, provided that it cannot be adopted by the judge, judge, magistrate or magistrate of the Violence on Women Section or of the relevant section that takes charge of these matters.

(g) The issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union that are attributed to them by law.

(h) Procedures for self-deprivation for offences for which they are competent.

2. In addition, the Instruction Sections and the Single Sections shall be informed of the authorization of the internment of aliens in detention centres, as well as of the control of their stay in detention centres and in the border wards. They shall also hear petitions and complaints lodged by prisoners as they affect their fundamental rights.

3. Procedures for reviewing measures for changing circumstances may be handled by the judge or judge initially competent.

4. Exceptionally, the General Council of the Judiciary, with a report from the Attorney General's Office, may agree on the grouping of the Investigation Sections and the Single Sections of several judicial parties, within the same province, provided that, due to the increase in the criminal activities of criminal organizations linked to drug trafficking or persons, there is a marked increase in the volume of criminal cases of this nature in certain areas or periods.

The singular modification in these cases will be limited to the period of time when the circumstances that motivate it occur and to the investigation of criminal proceedings related to the criminal types that justify the establishment of such a grouping.

In order to agree on such a grouping it will be necessary to have the proposal or report of both the Governing Chamber of the relevant High Court of Justice and the Boards of Judges of the affected populations.

The General Council of the Judiciary, before taking any decision on the proposal in question, shall seek the views of the Ministry of Justice and that of the Autonomous Community with competence in the field of justice. In any event, the effectiveness of such a decision will not imply an increase in budgetary allocations.

5. The grouping of sections referred to in the preceding paragraph shall be chaired by the President or the President of the Court of Justice of the judicial party with the greatest number of inhabitants who, together with the presidents or presidents of the section who make up it, or, failing that, with the presidents or presidents of the courts of instance concerned, shall draw up the rules for the division of specific cases relating to the grouping, which shall subsequently be approved by the Governing Chamber of the relevant High Court of Justice. Such distribution rules may not affect the procedures already under way in each of the sections.

6. The division of cases between the different Sections shall be carried out by the legal counsel or directors of the Common Service General of the Court of Instance with a greater number of inhabitants than the members of the group. The President or President of the Court of Appeal of that judicial party with the largest number of inhabitants shall, in a governmental capacity, decide on any issues that arise and correct any irregularities that may arise, taking the necessary measures and promoting, where appropriate, the requirement of appropriate responsibilities.

It is amended by art. 1.27 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The second and third paragraphs are added by final provision 2.6 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

It is amended by article 4 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

It is amended by the sole article of Organic Law 6/2010 of 27 July. Ref. BOE-A-2010-12133.

It is amended by article 2 of Organic Law 2/2003 of 14 March. Ref. BOE-A-2003-5450

It is amended by art. 2.3 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 89.

1. The General Council of the Judiciary may, after having received a report from the Government Chambers, agree that, in courts of law where there is no section on violence against women and due to the existing workload, it is appropriate to hear cases referred to in this article from one of the judges of the Investigation Section, or from the Civil and Investigation Section, which constitutes a single section, and in this situation it is determined that the judge is seized of all these matters within the judicial party, either exclusively or with knowledge of other matters.

2. Where it is deemed appropriate, depending on the workload, a Section on Violence against Women shall be established in the Court of Appeal, which shall extend its jurisdiction to the entire judicial party.

3. Notwithstanding the provisions of the preceding paragraph, the Government may, by royal decree, establish, on a proposal of the General Council of the Judiciary and, where appropriate, with a report from the Autonomous Community with powers in the field of Justice, Sections on Violence against Women extending their jurisdiction to two or more parties within the same province.

4. In judicial parties where there is a Court of Instance with a single section consisting of a single judicial position, the judge who occupies it shall be the person who takes over the cases referred to in this article, when no Section on Violence against Women extends its jurisdiction to that judicial party.

5. The Sections on Violence against Women shall, in criminal proceedings, in accordance with the procedures and remedies provided for in the Spanish Criminal Procedure Actof the following cases:

(a) The investigation of criminal liability proceedings for offences under the Titles of the Constitution; Spanish Criminal Code on homicide, abortion, injury, injury to the foetus, offences against liberty, offences against moral integrity, against sexual liberty and compensation, against privacy and the right to self-image, against honour or any other offence committed with violence or intimidation, provided that they were committed against anyone who is or has been his wife or woman who is or has been linked to the perpetrator for similar relationship of affectivity, even without cohabitation, as well as those committed on the descendants, whether of his or her own or of the spouse or cohabitant, or on minors or persons with disabilities who live with him or who are subject to the power, guardianship, guardianship, care or de facto care of the wife or cohabitant, where an act of gender-based violence has also occurred.

(b) The investigation of proceedings for criminal liability for any offence against family relations, where the victim is one of the persons mentioned in the preceding paragraph.

(c) The adoption of appropriate protection orders for victims, without prejudice to the powers conferred on the judge on duty.

(d) The knowledge and judgement of the minor offences attributed to them by law when the victim is one of the persons referred to as such in subparagraph (a).

(e) To render a judgement in accordance with the indictment in cases established by law.

(f) The issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union under the law.

(g) The investigation of proceedings for criminal liability for the offence of breach envisaged and punished in the Article 468 of the Criminal Code where the person offended by the offence whose conviction, precautionary measure or security measure has been violated is or has been his wife, or a woman who is or has been linked to the perpetrator by a similar relationship of affection even without cohabitation, as well as the descendants, either of his own or of the wife or cohabitant, or minors or persons with disabilities with supportive measures that coexist with him or who are subject to the power, guardianship, curatorship, foster care or de facto care of the wife or cohabitant, as well as where the person offended is affected by any of the offences referred to in point (h) of this subparagraph.

(h) The investigation of proceedings for criminal liability for offences against sexual freedom under the Title VIII of Book II of the Penal Codefor the offences of female genital mutilation, forced marriage, sexual harassment and trafficking for the purpose of sexual exploitation where the person offended by the offence is a woman.

6. The sections on violence against women may be heard in the civil order, in any case in accordance with the procedures and remedies provided for in the Law 1/2000 of 7 JanuaryCivil Proceedings, in the following cases:

(a) Those relating to marriage and its matrimonial property regime and those aimed at adopting or modifying measures of family significance and other actions arising from the marriage crisis or de facto union.

(b) Those who are exclusively concerned with the custody and custody of minor children or with maintenance claimed by one parent against the other on behalf of the minor children.

(c) those relating to changes to the measures taken in proceedings relating to the matters referred to in the preceding paragraphs.

(d) Those relating to maternity, paternity, filiation and adoption.

(e) Parental relationships.

(f) Those relating to the protection of the child, included in chapters IV bis and V of the Title I of Book IV of Law 1/2000, of 7 JanuaryCivil prosecution.

(g) Records of voluntary jurisdiction in matters of persons and family other than those regulated in chapters IX and X of the Convention Title II of Law 15/2015 of 2 July, of Voluntary Jurisdiction.

(h) The proceedings for the liquidation of the matrimonial property regime instituted by the heirs of the woman victim of gender violence, as well as those directed against these heirs.

(i) Those dealing with the recognition of civil effectiveness of ecclesiastical decisions or decisions in matrimonial matters.

(j) Recognition and enforcement of foreign civil judgements and decisions on minors and the family.

(k) The processes for the realization of the rights recognized in the Article 160 of the Civil Code.

7. Sections on Violence against Women shall have exclusive and exclusive competence in civil matters when the following requirements are met simultaneously:

(a) in the case of a civil proceeding having as its object one of the matters referred to in paragraph 6 of this Article.

(b) That any party to the civil proceedings is a victim of acts of gender-based violence, as referred to in paragraph 5 (a), or of acts of sexual violence, as referred to in paragraph 5 (h) of this article.

(c) That any party to the civil proceedings is charged as the perpetrator, inducer or co-operator necessary for the conduct of acts of gender-based violence or sexual violence.

(d) Criminal proceedings have been brought before the Women ' s Violence Section of a Court of Appeal for a criminal offence or misdemeanour as a result of an act of gender-based violence or sexual violence, or an order for the protection of a victim of gender-based violence has been adopted.

8. Where the judge or judge finds that the acts brought to his attention do not constitute an expression of gender-based violence or sexual violence, he may inadmit the claim and refer it to the competent judicial body.

9. In all these cases, the use of appropriate means of dispute resolution is prohibited.

10. The General Council of the Judiciary shall consider, within its competence, the need for or lack of units to prevent the confrontation of the victim and the aggressor during the proceedings, and shall, where appropriate, encourage the establishment of such units, in cooperation with the Ministry of Justice and the competent autonomous communities. Efforts will be made to ensure that these same units are used in cases of sexual assault and trafficking in persons for the purpose of sexual exploitation. In any event, these units must be fully accessible, subject to mandatory compliance with the environments, products and services in order to be understandable, usable and practicable by all women and child victims without exception.

11. The General Council of the Judiciary shall entrust the Observatory against Domestic and Gender-based Violence with the evaluation of data from the Violence Sections on Women, as well as of matters related to this subject in non-specific judicial bodies.

An annual report on data on gender-based violence and sexual violence will be published and forwarded to the Committee for the Monitoring and Evaluation of the Agreements of the State Pact on Gender-based Violence of the Congress of Deputies, as well as to the Commission for the Monitoring and Evaluation of the Strategies Agreed by the Senate under the State Pact against Gender-Based Violence.

The information referred to in the preceding paragraph shall be incorporated in the Annual Report of the General Council of the Judiciary.

The statistical information obtained under this section should be disaggregated by a disability indicator of the victims.

It will also allow for the establishment of a statistical register of child victims of gender-based violence, which will also allow for disaggregation with a disability indicator.

It is amended by art. 1.28 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It should be noted that the attribution of jurisdiction in the area of sexual violence to the courts of violence against women, as provided for in this article, will enter into force on 3 October 2025, as provided for in final provision 38.3 of the aforementioned Organic Law.

Article 89 bis.

1. The General Council of the Judiciary may, after having received a report from the Government Chambers, agree that, in courts of law where there is no section on violence against children and adolescents and due to the existing workload, it is appropriate to hear cases referred to in this article from one of the judges or judges of the Investigation Section, or from the Civil and Instruction Section, which constitutes a single section. In this situation, it is determined that only one of these judges is to hear all these matters within the judicial party, either exclusively or with knowledge of other matters.

2. Where it is considered appropriate, depending on the workload, a Section on Violence against Children and Adolescents shall be established in the Court of Appeal, which shall extend its jurisdiction to the entire judicial party.

3. Notwithstanding the foregoing, exceptionally, the Government may, by royal decree, establish, on a proposal from the General Council of the Judiciary and, where appropriate, with a report from the Autonomous Community with competence in the field of justice, the Sections on Violence against Children and Adolescents which extend their jurisdiction to two or more parties within the same province.

4. In judicial parties in which there is a Court of Instance with a single section of a single judge, it shall be the judge who takes over the cases referred to in this article, when no Section on Violence against Children and Adolescents extends its jurisdiction to that judicial party.

5. The sections on violence against children and adolescents shall be dealt with in criminal proceedings in accordance with the procedures and remedies provided for in the Spanish Criminal Procedure Actthe investigation of proceedings for criminal liability for offences covered by the Titles of the Spanish Criminal Code concerning:

(a) Homicide, abortion, injury or injury to the foetus, committed against children and adolescents.

(b) Offences against liberty, the offence of torture and moral integrity, offences against privacy, the right to self-image and inviolability of the home, offences against sexual freedom and compensation, crimes against honour, offences against family relations, or any other offence committed with violence or intimidation, when the victim is a child or adolescent.

(c) Trafficking in human beings Article 177 bis of the Criminal Code at least one of the victims is a child or adolescent.

(d) The offence of breach envisaged and punished in the Article 468 of the Criminal Code if the person offended by the offence whose conviction, protective measure or security measure has been breached is a child or adolescent.

The sections on violence against children and adolescents shall also be competent to:

(a) The adoption of legal precautionary measures to ensure the protection of minor victims, without prejudice to the powers conferred on the judge on duty;

(b) The knowledge and judgement of minor offences attributed to them by law when the victim is a child or adolescent.

(c) To render a judgement in accordance with the indictment in cases established by law.

(d) The issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union that are attributed to them by law.

6. The General Council of the Judiciary shall consider, within its competence, the need for or lack of units to prevent the confrontation of the victim and the aggressor during the proceedings, and shall, where appropriate, encourage the establishment of such units, in cooperation with the Ministry of Justice and the competent autonomous communities. In any event, these units must be fully accessible, subject to mandatory compliance with the environments, products and services in order to be understandable, usable and practicable by all victims without exception.

7. If the acts under investigation by the Section on Violence against Children and Adolescents could also be known to the Section on Violence against Women, the latter would in any event have jurisdiction.

It is amended by art. 1.29 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 2 and 3 are amended by final provision 1.6 and 7 of Organic Law 13/2015 of 5 October 2015 Ref. BOE-A-2015-10725.

Paragraph 4 is amended by the sole article 5 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 4 is added by the sole article of Organic Law 3/2010 of 10 March. Ref. BOE-A-2010-4046.

The last paragraph of paragraphs 2 and 3 is added by article 2 and 3 of Organic Law 2/2008 of 4 December. Ref. BOE-A-2008-19660.

The second subparagraph of paragraph 2 is added by additional provision 10.3a of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

It is added by art. 2.4 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Text added, published on 30/12/1988, in force from 01/01/1989.

Article 90.

1. On a general basis, there will be a Criminal Division in the Court of Instance, which is based in the capital of each province and has jurisdiction throughout it.

2. Sections of the Criminal Law may also be established in Courts of Instance which have their headquarters in populations other than the provincial capital, and in each case the territorial scope of their jurisdiction shall be defined.

3. The Criminal Sections shall prosecute the criminal cases determined by law.

In order to facilitate knowledge of the cases handled by the Sections on Violence against Women and the Sections on Violence against Children and Adolescents, and in the light of the number of cases that exist, one or more judicial places of the Criminal Section shall be specialized, in accordance with article 96 of this Act.

4. The Sections of Criminal Matters also have responsibility for the execution of sentences handed down in cases involving serious or less serious offences by the Instruction Sections, Sections on Violence against Women and Sections on Violence against Children and Adolescents; the recognition and enforcement of decisions imposing pecuniary penalties transmitted by the competent authorities of other Member States of the European Union, when they are to be carried out in Spanish territory; and the procedures for autonomous confiscation for offences for which they are competent.

5. It is for the sections of the criminal law to issue and enforce instruments of mutual recognition of criminal decisions in the European Union that are attributed to them by law.

It is amended by art. 1.30 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 7 is added by final provision 4.4 of Organic Law 3/2018 of 5 December. Ref. BOE-A-2018-16673

Paragraph 6 is added by final provision 1 of Organic Law 3/2015 of 30 March. Ref. BOE-A-2015-3441.

Paragraph 5 is added by Art. 3 of Organic Law 4/2011, of 11 March. Ref. BOE-A-2011-4551.

Paragraph 4 is added by the sole article.7 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Article 91.

1. On a general basis, there will be a Juvenile Section in the Court of Instance based in the capital of each province, with jurisdiction throughout the province. However, where the workload so advises, sections of minors whose jurisdiction extends either to a particular party or party grouping or to two or more provinces of the same autonomous community may be established. They'll take their name from the town where their headquarters are located.

2. The Juvenile Sections of the Courts of Instance are responsible for the exercise of the functions established by law for minors who have engaged in conduct defined by law as a criminal offence or a minor offence and for those other functions which, in relation to minors, are assigned to them by law, as well as for the issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union that are attributed to them by law.

It is amended by art. 1.31 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by final provision 1 of Organic Law 8/2015 of 22 July. Ref. BOE-A-2015-8222.

It is amended by article 8 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Article 92.

1. As a general rule, in the Court of Instance based in the capital of each province, within the criminal court order, there shall be a Prison Supervision Section, which shall have the judicial functions provided for by law in respect of the execution of custodial sentences and security measures, the issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union conferred on them by law, judicial review of the disciplinary power of the prison authorities, the protection of the rights and benefits of inmates in penal institutions and other measures provided for by law.

2. Prison Supervision Sections may be established in Courts of Instance which are based in populations other than the provincial capital, and the territorial scope of their jurisdiction shall be defined in each case. The Government shall establish the headquarters of these Sections after hearing the affected Autonomous Community and the General Council of the Judiciary.

3. The number of Courts with Prison Supervision Sections, their territorial scope and the number of magistrates and magistrates in each of them, will be determined by the Demarcation and Judicial Plant Act, with particular attention to existing prisons and the class of them.

4. The Prison Supervision Section may be established to extend its jurisdiction to two or more provinces of the same autonomous community, or one or more parties within the same province.

5. The judge, judge, magistrate or magistrate appointed or assigned to a Prison Supervision Section may reconcile the functions of this Section with those of other sections of the criminal court order of the same Court of Instance.

It is amended by art. 1.32 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 93.

1. On a general basis, there will be a Dispute Section at the Trial Tribunal based in the capital of each province, with jurisdiction throughout the province.

2. Where the volume of cases so requires, sections of the Dispute may be established in Trial Tribunals that are based in populations other than the provincial capital, the territorial scope of their jurisdiction being defined in each case.

3. It may also exceptionally be established Dispute Sections extending their jurisdiction to more than one province within the same autonomous community.

4. The Divisions of Disputes shall have first or only first-instance jurisdiction over administrative and contentious appeals against acts expressly attributed to them by law.

5. It is also for them to authorize, by order, entry into the homes and other buildings or places whose access requires the consent of the owner, where appropriate for the enforcement of acts of the Administration, except in the case of the enforcement of measures for the protection of minors agreed by the competent public entity in this field.

6. These Sections also have the power to authorize entry into domiciles and other constitutionally protected places, which has been agreed by the Tax Administration in the context of an action or procedure for the application of the taxes even prior to their formal initiation, where, requiring such access, the holder opposes or risks such an opposition.

It is amended by art. 1.33 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 94.

1. On a general basis, there will be a Social Section in the Court of Justice, which is based in the capital of each province and has jurisdiction throughout it.

2. Sections of the Social may be established in Courts of Instance which have their headquarters in populations other than the provincial capital, in each case the territorial scope of their jurisdiction being defined.

The Social Sections may also exceptionally extend their jurisdiction to two or more provinces within the same autonomous community.

3. The Sections of the Social Affairs shall, in the first or only instance, hear proceedings on matters specific to this judicial order which are not attributed to other organs of the same.

It is amended by art. 1.34 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 1 and 4 are amended by the sole article 6 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 4 is renumbered as 5 and a new paragraph 4 is added by Art. 1.3 of Organic Law 5/2003 of 27 May. Ref. BOE-A-2003-10614

Article 95.

In the Villa de Madrid and with jurisdiction throughout the national territory there will be a Central Court of Instance, which will have the following sections:

(a) Investigation Section, which shall investigate cases for prosecution by the Criminal Division of the National High Court or, where appropriate, the Criminal Division of the Central Court of Instance itself and shall process the files on the execution of European arrest and surrender orders, passive extradition procedures, those on the issuance and enforcement of other instruments for the mutual recognition of criminal decisions in the European Union attributed to them by law, as well as requests for information between the security services of the Member States of the European Union when they require judicial authorization, as provided for by law.

In the Investigation Section, the judges and magistrates of guarantees shall hear requests from the European Public Prosecutor's Office concerning the adoption of personal precautionary measures, the authorization of acts which entail a limitation of the fundamental rights whose adoption is reserved for the judicial authority, and other cases which are expressly determined by law.

They will also hear of any challenges that the law establishes against the decrees of the European Deputy Public Prosecutors.

(b) The Criminal Section, which shall hear, in cases where the procedural laws so establish, the cases for offences referred to in article 65 and other matters referred to in the law. The Criminal Section is also responsible for the enforcement of sentences handed down in cases involving serious or minor offences by the Investigation Section of the Central Court of Instance itself, and for the procedures for autonomous confiscation of offences for which they are competent.

(c) The Juveniles Section, which shall hear the cases referred to it by the legislation regulating the criminal liability of minors, as well as the issuance and enforcement of instruments for the mutual recognition of criminal decisions in the European Union under the law.

(d) Prison Supervision Section, which shall have the judicial functions provided for in the Organic Law 1/1979 of 26 September, Prison General, described in article 92 (1) of this Law, the competence to issue and execute instruments for the mutual recognition of criminal decisions in the European Union that confer upon them by law and other functions specified by law, in relation to offences falling within the jurisdiction of the National High Court. In any event, the jurisdiction of this Section shall be preferential and exclusive when the convicted person also carries out other sentences that have not been imposed by the National High Court.

(e) The Disputes Section, which shall hear, in the first or only instance, administrative appeals against provisions and acts emanating from public authorities, agencies, organs and entities with competence throughout the national territory, as provided for by law.

It is also for the Dispute Section to authorize, by order, the transfer of data to enable the identification of the Article 8.2 of Law 34/2002 of 11 July 2002, information society services and electronic commerce, the material execution of decisions adopted by the competent body to interrupt the provision of information society services or to remove contents that infringe intellectual property, in application of the said Act No. 34/2002 of 11 July 2002as well as the limitation of access by recipients to the intermediary service provided for in Article 51.2(b) of the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022on a single market for digital services and amending the Directive 2000/31/EC. The Disputes Section will also be aware of the procedures under the Article 12 bis of Organic Law 6/2002 of 27 June 2002political parties.

It is for the Dispute Section to authorize, by order, the request for information by the Spanish Data Protection Agency and other independent administrative authorities of the state level to operators providing electronic communications services available to the public and information society service providers, where this is necessary in accordance with specific legislation.

It is amended by art. 1.35 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 96.

1. The General Council of the Judiciary may, after having informed the Government Chambers and the Administrations with powers in the field of justice, agree that in those districts where there is more than one judicial position in the same Section, one or more of the persons assigned to them shall take exclusive responsibility for the knowledge of certain kinds of matters or for the execution of the specific judicial order in question, without prejudice to the support work which the common services established for that purpose may provide.

2. The General Council of the Judiciary, having heard the Governing Chamber of the High Court of Justice and with a favourable report from the Administrations with competence in the field of justice in each territory, may agree that in those provinces where there are more than five judicial places in the Commercial Sections of the existing Courts of Instance, one or more of the judges, magistrates or magistrates appointed to them shall take exclusive responsibility for hearing certain kinds of cases falling within the competence of these Sections.

3. The General Council of the Judiciary, with a favourable report from the Ministry of Justice and, where appropriate, from the autonomous community with jurisdiction over justice matters, may, after hearing the Governing Chamber of the High Court of Justice, agree to specialise in one or more judicial places of the Courts of Instance of the same province and of the same judicial order, whether or not they are in the same judicial party and, if they are not, subject to the delimitation of the territorial jurisdiction, assuming for a certain period the persons assigned to them the knowledge of certain subjects or classes of cases and, where appropriate, of the executions which they carry out, without prejudice to the support work that the constituted common services may provide or that they are constituted for that purpose.

In such cases, judges, magistrates and magistrates occupying the position or places covered by the specialisation agreement shall assume the competence to deal with all the matters assigned, even if their initial knowledge was attributed to Sections based in a different judicial party. This agreement may not be adopted in order to assign to judges, judges, magistrates and so specialized judges matters which, by legal provision, were assigned to others of different kinds. The judicial places of the Instruction Sections may not be subject to specialisation in this way, without prejudice to any other measures for exemption from distribution or reinforcement that may be necessary for the needs of the service.

4. The agreements of the General Council of the Judiciary referred to in the preceding paragraphs shall be published in the "Official Gazette of the State" and shall have effect from the beginning of the year following the year in which it is adopted, unless, for reasons of urgency, it is reasonably established another time before.

5. The judges, judges, magistrates and magistrates concerned shall continue to be heard until their conclusion of all proceedings pending before them.

It is amended by art. 1.36 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by article 7 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Paragraph 2 is added and the existing content is numbered as paragraph 1 by Art. 3.2 of Organic Law 7/2000 of 22 December. Ref. BOE-A-2000-23659

Article 97.

(No content)

It is left without content by art. 1.37 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 8 of Organic Law 6/2014 of 29 October. Ref. BOE-A-2014-11063.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 98.

(No content)

It is left without content by art. 1.37 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 10 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 2 is amended by Article 1 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 26 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 12 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 3.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

CHAPTER VI

Judges and Magistrates

The heading is amended by art. 1.38 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 99.

In each municipality where there is no Court of Instance, and with jurisdiction in the corresponding term, there shall be a judge or a judge of the peace.

It is amended by art. 1.39 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 13 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 100.

1. The courts of the peace shall hear, in the civil order, the trial, judgement and execution of the proceedings determined by law and shall also perform the other functions assigned to them by law.

2. In the criminal order, they shall be heard in the first instance of proceedings for a minor offence attributed to them by law. They may also intervene in criminal proceedings for prevention, or by delegation, and in other proceedings specified by law.

Paragraph 2 is amended by Art. 1.40 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by the sole article 3 of Organic Law 8/2011 of 21 July. Ref. BOE-A-2011-12627.

Paragraph 2 is amended by Art. 2.5 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 101.

1. Justices of the Peace and their substitutes shall be appointed for a period of four years by the Governing Chamber of the relevant High Court of Justice. The appointment shall be made by the persons elected by the respective City Council.

2. The Justices of the Peace and their substitutes shall be elected by the Plenary of the City Council, with the favourable vote of the absolute majority of its members, from among those who, meeting the legal conditions, so request. If there is no applicant, the plenary shall choose freely.

3. The relevant agreement shall be forwarded to the Judge of First Instance and Investigation, who shall refer it to the Governing Chamber.

4. If, within three months, after the vacancy in a Magistrate's Court has occurred, the relevant City Council does not make the proposal provided for in the preceding paragraphs, the Governing Chamber of the High Court of Justice shall appoint the Magistrate. The same shall be done when the person proposed by the City Council does not meet, in the opinion of the same Governing Chamber and after hearing the Public Prosecutor's Office, the conditions laid down by this law.

5. The Justices of the Peace shall take an oath before the Judge of First Instance and Instruction and shall take possession of the person exercising jurisdiction.

Article 102.

Judges of the Peace, both titular and substitute, may be appointed who, while not having a degree in law, meet the requirements of this law for entry into the judicial career, and are not involved in any of the incapacity or incompatibility cases provided for in the performance of judicial functions, except for the exercise of professional or commercial activities.

Article 103.

1. Justices of the Peace shall be remunerated by the system and at the amount legally established, and shall have, within their constituency, the treatment and precedence accorded in their own constituency to the Judges of First Instance and Instruction.

2. The Judges of the Peace and substitutes, where appropriate, shall cease for the duration of their term of office and for the same reasons as the Judges of the Careers, as soon as they apply to them.

BOOK II

OF THE GOVERNMENT OF THE JUDICIAL POWER

TITLE I

The organs of government of the judiciary

SINGLE CHAPTER

General provisions

Article 104.

1. The judiciary is organized and exercised in accordance with the principles of unity and independence.

2. The Government of the Judiciary is the responsibility of the General Council of the Judiciary, which exercises its powers throughout the national territory, in accordance with the Constitution and the provisions of this law. Subject to this law, the Governing Chambers of the Supreme Court, the National High Court and the High Courts of Justice shall exercise the functions assigned to them by this law, without prejudice to those of the Presidents of these Courts and of the holders of the other courts.

Article 105.

The President of the Supreme Court and the General Council of the Judiciary is the first judicial authority of the nation and has representation of the judiciary and the governing body of the nation. Their status and honours shall be those of the holder of one of the three powers of the State.

Article 106.

1. The Governing Chambers of the Supreme Court and the National High Court exercise their powers in these courts. In addition, the National High Court exercises jurisdiction over the Central Court of Instance.

2. The Governing Chambers of the High Courts of Justice exercise their powers in the Court itself with respect to the judicial bodies located in the respective autonomous community. The Governing Chamber of the High Court of Justice of Andalusia shall exercise the same powers in relation to the judicial bodies based in the Cities of Ceuta and Melilla.

3. The other courts exercise their governmental powers in respect of their own organizational sphere.

Paragraphs 1 and 2 are amended by Article 1.41 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

TITLE II

The General Council of the Judiciary

It shall be repealed with regard to the renewal, appointment and election of the Council's Members and the constitution of the Council from 30 June 2013 and the rest from 4 December 2013, the date on which the first Council elected pursuant to Organic Law 4/2013 of 28 June was established, as provided for in the repeal provision.1 and 2 of the aforementioned Organic Law. Ref. BOE-A-2013-7061.

Articles 107 to 148.

(Repealed)

They are repealed with regard to the renewal, appointment and election of the Council's Members and the constitution of the Council from 30 June 2013 and the rest from 4 December 2013, when the first Council elected pursuant to Organic Law 4/2013 of 28 June was established, as provided for in the repeal provision.1 and 2 of the aforementioned Organic Law. Ref. BOE-A-2013-7061.

Text added, published on 29/06/2013, in force from 30/06/2013.

TITLE III

The internal Government of the Courts and Courts

CHAPTER I

The Governing Chambers of the Supreme Court, the National High Court and the High Courts of Justice

Section one. The composition of the Governing Chambers and the appointment and replacement of their members

Article 149.

1. The Governing Chambers of the Supreme Court and of the National High Court shall consist of the President or Chairperson of such bodies, who shall preside over them, the Presidents or Presidents of the Chambers there and a number of judges or magistrates equal to those of the latter.

2. The Governing Chambers of the High Courts of Justice shall be composed of the President or the President of the High Courts, who shall preside over them, the Presidents or Presidents of the Chambers in their existing place, the Presidents or Presidents of the Provincial Courts of the Autonomous Community, and an equal number of judges, judges, magistrates or magistrates, elected by all members of the Judicial Service assigned to them. At least one or more of the members of the Chamber shall be in the category of judge, unless there are no candidates or candidates of that category.

In addition to these or these members, with the consideration of elected members for all purposes, persons holding the Presidency of Courts of Instance who, in accordance with the provisions of Article 166(2), have been completely released from their work in the respective judicial order.

3. The Governing Chambers of the High Courts of Justice, when the number of members exceeds 10, shall be constituted either as a plenary or as a Commission.

The Commission shall consist of six members, three ex officio and three elected members. Members shall be appointed by the plenary and their replacements shall be vacant. However, the person holding the Presidency of the Court of Instance who is completely freed from judicial duties, or one of them if there are several, shall be part of the Court of Justice. The Commission shall be renewed annually in the same proportion and shall be chaired by the President of the High Court of Justice.

4. The Registrar or the Secretary of Government of the Supreme Court, the National High Court and the respective High Courts of Justice shall perform the functions of Registrar or Registrar of the Government Chamber, without prejudice to any functions expressly attributed to him by this Act.

It is amended by art. 1.42 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 19 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is amended and paragraph 3 is added by Article 2.1 and 2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 150.

The elected members of the Government Chambers shall be renewed in full every five years, calculated from the date of their establishment. After that time limit, the Governing Chamber shall continue to exercise its functions until the date of the formation of the new one.

Article 151.

1. The election of members of the Governing Chambers shall be conducted in accordance with the following rules:

1.a The election shall take place by personal, free, equal, direct and secret ballot, with the vote admitted by mail. It should be convened two months before the end of the term of office of the former elected members.

2.a Nominations may include one or more candidates, together with their corresponding substitute, up to a number equal to the number of seats to be filled, and shall be sufficient for them to be submitted with the consent of the members, but may also be endorsed by a group of electors or by a legally constituted professional association. Nominations will be open, and voters will be able to vote for as many candidates and as many alternates as seats to be filled.

3.a The candidates obtaining the largest number of votes shall be elected. If, by strict application of this rule, no judge shall be elected to the Governing Chamber of a High Court of Justice, the judge who has been elected with fewer votes shall relinquish his or her seat to the Judge who has obtained more votes than the candidates, unless candidates of that category have not been put to the election.

2. For the purposes of this article, there shall be in each Court an Electoral Board, presided over by its President and composed, in addition, of the oldest and most modern Judge of the Supreme Court, the National High Court or the relevant High Court of Justice.

3. It is the responsibility of the General Council of the Judiciary to convene the elections and to issue the necessary instructions for their organization and, in general, for the proper conduct of the electoral process.

4. Each Electoral Board is responsible for proclaiming the candidatures, acting as an electoral table in the event of the election, holding the ballot and proclaiming the results, which will be communicated to the Council, and, in general, the direction and direction of the entire electoral process. A contentious and administrative appeal may be lodged against the agreements of the Electoral Board.

5. In the event of early termination, for any reason, of any elected member of the Governing Chamber, his or her seat shall be filled by a corresponding substitute.

6. In the case of an elected member and the substitute will also cease, the post will be filled by the unelected candidate who would have obtained the largest number of votes. If no elected candidates are removed, by-elections will be convened to fill the vacant post or posts.

Drafted paragraph 1.2a in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Section two. The powers of the Governing Chambers

Article 152.

1. The Governing Chambers, including those established under the Commission, shall serve as the Government of their respective courts, and in particular shall be responsible for:

1. To adopt rules for the division of cases between the different sections of each Chamber.

2. To establish annually with objective criteria the precise shifts for the composition and functioning of the Chambers and Sections of the Tribunal and of the Provincial Courts of the territory, as well as by binding means the rules for the allocation of the papers to be held by the Judges.

3. To adopt, with respect to judicial security of tenure, the necessary measures in cases of dissent between judges that may influence the proper order of the courts or the administration of justice.

4. To provisionally complete the composition of the Chambers in cases where, owing to circumstances, it is necessary for the functioning of the service, without prejudice to the specific assignment of the judges of each Chamber.

Also, to take notice, to approve provisionally and to refer to the General Council of the Judiciary for final approval, in the terms and, where appropriate, with appropriate corrections, the list of judges and magistrates proposed in accordance with the provisions of the first three paragraphs of article 200 of this Law, and to ensure their compliance.

5. To propose on a reasoned basis to the General Council of the Judiciary the substitute judges expressing the personal and professional circumstances involved, their suitability for the exercise of office and for their performance in one or more jurisdictional orders, the guarantees of an effective performance of the function and the aptitude demonstrated by those who have already acted in the exercise of judicial functions or of substitution in the Public Service, with reasoned explanation of the proposed order of preference and the exclusions of applicants. Proposals for the secondment of alternate judges as a reinforcement measure shall be subject to the same conditions as to the reasons for the names and order of preference proposed and to the exclusions of applicants.

6. To exercise disciplinary powers over magistrates in accordance with the terms set forth in this law.

7. Propose to the President the conduct of such inspection visits and information as he deems appropriate.

8. To promote and report on retirement cases on the grounds of incapacity of judges.

9. To prepare the reports requested by the General Council of the Judiciary and the annual report on the functioning of the Tribunal, with detailed expression of the number and type of cases initiated and completed by each Chamber, as well as those pending, specifying the year of their initiation, all of which referred to 31 December. The report shall in any case contain an indication of the measures deemed necessary for the correction of the deficiencies identified.

10. Propose to the General Council of the Judiciary the adoption of measures it deems appropriate to improve the administration of justice in respect of the respective courts.

11. To receive the legally prevented oath or pledge of the judges of the respective courts and to possess them.

12. To receive reports from the Secretary of Government, at his or her own initiative, in all cases where, because they affect the judicial offices or counsel of the Administration of Justice that are under his or her control, they require some form of action. In this case, the Secretary of Government shall have a vote in the agreement that may be adopted.

13. To promote before the competent body the requirement of disciplinary responsibilities arising from counsel of the Administration of Justice, from staff in the service of the Administration of Justice or from any other person who, without having this status, renders his services permanently or occasionally in the Administration of Justice.

14. In general, perform such other functions as the laws assign to the internal governing bodies of the courts and which are not expressly assigned to the Presidents.

2. The Governing Chambers of the High Courts of Justice, in plenary or in Commission, are also responsible for:

1. To approve the rules for the division of cases between the Chambers of the Court and between the sections of the Provincial High Courts of the same jurisdictional order, and those of judges, judges, magistrates and magistrates of the same Section of the Courts of Instance, based in the corresponding autonomous community.

Exceptionally, on a reasoned basis and where the needs of the service so require, the Governing Chamber may order the release from the distribution of cases, in whole or in part, for a limited period of time, of a section or a particular judge or judge. In the case of the Courts of Instance, the release shall relate only to certain judges or judges or magistrates.

2. Exercising the powers of the fifth to fourteenth paragraphs of the preceding paragraph, but also referring to the courts based in the autonomous community corresponding to the judges, judges and magistrates assigned to them.

3. To issue the appointments of judges and justices of the peace.

4. Take note of the annual replacement plans drawn up by the Boards of Judges and Judges, approve them provisionally on the terms and, where appropriate, with appropriate corrections and refer them to the General Council of the Judiciary for final approval. In addition, they shall ensure compliance.

Paragraph 2 is amended by Art. 1.43 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 5o is added to paragraph 2 by the sole article.2 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

The references to "judicial secretaries" in paragraphs 12 and 13 are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1.4 is amended and article 2.4 is added by article 2 and 3 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 20 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

The first subparagraph of paragraph 2.1o is amended by the sole article.9 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

It is amended by arts. 2.3 and 4.2 to 4.7 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Section three. The functioning of the Government Chambers and the regime governing their actions

Article 153.

1. The Governing Chambers shall meet at least twice a month, unless there are no pending cases, and as many times as they have to deal with urgent matters of interest to the Administration of Justice, when deemed necessary by the President of the High Court of Justice, when requested by a third of its members by means of a reasoned proposal and with an expression of what should be the subject of deliberation and decision, or when requested by the Secretary of Government to deal with matters affecting judicial or legal offices of the Administration of Justice under his or her authority. The call shall be made by the President, who shall state the matters to be dealt with.

2. The Governing Chambers of the High Courts of Justice, constituted as the Commission, shall meet weekly. The Commission shall, on a quarterly basis, inform the plenary session, in advance, of all matters which have been dealt with and resolved. The plenary session may also be convened when, in the opinion of the President or the Commission, the importance, importance or interest of the matters to be dealt with by the Administration of Justice so advises, when requested by a majority of its members by means of a reasoned proposal and with an expression of what should be the subject of deliberation and decision, or when requested by the Secretary of Government, in order to deal with matters affecting the judicial offices or Counsels of the Administration of Justice that they are dependent on. The President shall call the plenary session or the Commission, stating the matters to be dealt with.

3. The Chamber may be constituted by the President and two members for non-decision-making proceedings of a formal nature, such as the receipt of an oath or pledge or the taking of office of judges and judges or other similar judges.

4. In other cases, for its valid constitution, the presence of at least the majority of its members shall be required, and they shall be summoned in person at least 24 hours in advance.

The references to "judicial secretaries" in paragraphs 1 and 2 are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 21 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is added and paragraphs 2 and 3 are renumbered as 3 and 4 by Art. 2.4 and 5 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 154.

Those who have a direct or indirect interest in the matter in question may not be present in the discussions and votes, and in this case the provisions of the law for abstention and disqualification shall apply.

Article 155.

The President shall designate a rapporteur for each matter to be dealt with, who shall inform the Chamber and submit, where appropriate, the proposal for an agreement or resolution, unless, for reasons of urgency, it is not possible, or because of the minor importance of the matter, in the opinion of the President, it does not require it.

Article 156.

The President, on his own initiative, at the request of the rapporteur or at the agreement of the Chamber, shall pass to the Prosecutor's Office any matter in which he is required to intervene or in which the nature of the matter makes it appropriate. The rapporteur shall, in the light of the opinion of the prosecutor, which he shall report to the Chamber, make a proposal accordingly.

Article 157.

1. After the discussion of each matter, a vote shall be taken, beginning with the most modern judge or judge and continuing on a lesser order, until the presiding judge. The vote shall be by secret ballot if requested by any member.

2. A Judge who has no majority may request that his or her vote be recorded in the record. If the Chamber so wishes, it may make a written and well-founded individual opinion, which shall be inserted in the record, if the Chamber deems it appropriate by reason of its nature or the circumstances involved, provided that the Chamber does so within the time limit fixed by the Chamber, which shall not exceed three days.

3. The President shall have a casting vote in the event of a tie.

Article 158.

1. The Secretary of Government shall give an account of the matters brought before the Chamber; shall be present at its discussion and voting; shall draw up the minutes, indicating all the agreements, referring to the dossiers in which they are inserted; shall record the surnames of those present at the meeting on the margins; shall keep the record book and give the appropriate certifications, if any.

2. The acts of the Government Chambers shall be enforceable, shall be subject to appeal before the General Council of the Judiciary and shall be subject to the provisions of the Administrative Procedure Act.

Article 159.

1. The agreements of the Governing Chambers shall be carried out in a record book, which shall be carried out by the Secretary of Government and shall have no publicity other than at the request of the person having a direct, legitimate and personal interest.

2. However, agreements on rules of division between Sections and between judges, judges, magistrates and magistrates of the same Section shall be given sufficient publicity.

Paragraph 2 is amended by Art. 1.44 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

CHAPTER II

Presidents and Presidents of the Supreme Court, High Courts of Justice and Hearings

The heading is amended by art. 1.45 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 160.

The Presidents shall have the following functions:

1. To convene, preside and direct the deliberations of the Governing Chamber.

2. To set the agenda for meetings of the Governing Chamber, which shall include matters proposed by at least two of its members.

3. Submit as many proposals as it deems appropriate on the jurisdiction of the Governing Chamber.

4. Authorize with its signature the agreements of the Governing Chamber and ensure their implementation.

5. To ensure compliance with the measures taken by the Governing Chamber to correct any defects in the administration of justice, if they fall within its powers, and, in another case, to propose to the Council, in agreement with the Chamber, whatever it deems appropriate.

6. Dismiss any reports requested by the General Council of the Judiciary.

7. To take the necessary measures, when situations arise which, as a result of their urgency, require it, and to report to the first meeting of the Governing Chamber.

8. Direct the inspection of the courts and tribunals in accordance with the terms set out in this Act.

9. To determine the division of cases between the Chambers of the Court of the same jurisdictional order and between the Sections of the Courts in accordance with the rules adopted by the Governing Chamber.

10. To preside daily at the meeting of the Presidents of Chambers and Judges and to take care of the composition of the Chambers and Sections in accordance with article 198 of this Law.

11. To exercise all powers directed at the proper order of the respective Court or High Court, as well as at the performance of its duties by its staff.

12. To inform the General Council of judicial vacancies and vacant positions of auxiliary staff of the respective Tribunal or Hearing.

13. To hear complaints from those interested in cases or lawsuits, adopting the necessary precautions.

14. Other provisions of the law.

Paragraph 9 is amended by article 10 of Organic Law 6/1998 of 13 July. Ref. BOE-A-1998-16712

Paragraphs 10 and 14 were drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 161.

1. The President of the High Court of Justice is represented by the Judiciary in the relevant Autonomous Community, provided that the President of the Supreme Court is not present.

2. The President of the Chamber referred to in article 78 of this Law represents the judiciary in the provinces to which the jurisdiction of the judiciary extends, except where the High Court of Justice or the Supreme Court is present. In the event that there are, in accordance with that article, Dispute and Social Chambers, such representation is the responsibility of the President of the Chamber appointed by the General Council of the Judiciary.

3. The President of the High Court of Justice may delegate to the Chamber referred to in the preceding article such governmental functions as he may deem appropriate, with regard to the relevant Chamber(s) and the courts based in the provinces to which he or she extends its jurisdiction.

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 162.

The Presidents of the Supreme Court, the National High Court, the High Courts of Justice and the High Courts and, where appropriate, the Governing Chambers may, through them, direct the lower courts and tribunals within their respective constituency, within the scope of their governmental powers, to the preventions they deem appropriate for the better functioning of the courts and tribunals, giving the Supreme Court, if any, and directly to the General Council of the Judiciary without delay.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 163.

(Deleted)

It is deleted by article 27 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 22 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by additional provision 5.1 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 164.

The Presidents of the Provincial High Courts preside over them, take the necessary measures for their functioning and exercise the other functions conferred on them by law, without prejudice, in any event, to the powers of the governing bodies of the High Court of Justice.

It is amended by article 23 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER III

Presidents and Presidents of Chambers and judges, judges, magistrates and magistrates

The heading is amended by art. 1.46 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 165.

1. The Presidents and the Presidents of the Chambers of Justice shall, in their respective courts, direct and inspect all cases and shall, within their jurisdiction, take such decisions as the Administration of Justice may advise. The same powers shall be vested in judges, judges and magistrates who are members of the Courts of Instance in respect of matters which fall within their jurisdiction by division, without prejudice to those of the Presidency of the Court.

In any event, the Presidents and Presiding Officers, judges, magistrates and magistrates shall report to the Presidents or Presidents of the respective Courts and Hearings on any anomalies or misdemeanours they observe and shall exercise the disciplinary functions accorded to them by the procedural laws on professionals connected with the court.

2. With regard to staff in the service of the Administration of Justice, their disciplinary regime will be in place.

It is amended by art. 1.47 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 24 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER IV

The Presidency of the Courts of Instance and their Sections, the Presidency of the Central Court of Instance and its Sections, and the Boards of Judges and Judges

The heading is amended by art. 1.48 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 166.

1. Those holding the Presidency of the Courts of Instance shall be appointed by the General Council of the Judiciary for a period of four years in accordance with the reasoned proposal of the Governing Chamber of the relevant High Court, and shall be renewed after that period or when the elected person ceases for any reason.

The Governing Chamber shall propose the appointment of the person determined in accordance with the following rules:

Those who are members of the Court of Justice shall elect one or one of them for their proposal by a majority of three fifths. If such a majority is not obtained in the first ballot, a simple majority shall suffice in the second ballot, with a decision being taken on the basis of a tie in favour of the best ranking. If there is no candidate or candidate, the judge, judge, magistrate or magistrate shall be nominated to occupy the best position on the rank.

2. Exceptionally, and where the circumstances so warrant, the General Council of the Judiciary, heard by the Board of Judges and the Governing Chamber, may release any person holding the Presidency in whole or in part from the work that he or she may perform in his or her judicial order.

3. Where the circumstances provided for in Article 84(3) are fulfilled, the appointment of the person to hold the section presidency shall be made by the Presidency of the Court of Instance and shall be made by the person determined in accordance with the rules laid down in paragraph 1 of this Article.

4. The judges and magistrates of the Central Court of Instance shall elect by a three-fifths majority, from among them to serve as the President. If such a majority is not obtained in the first ballot, a simple majority shall suffice in the second ballot, with a decision being taken on the basis of a tie in favour of the best ranking holder. If there is no candidate or candidate, the best ranking will be proposed. The post shall be renewed every four years or when the elected person ceases for any other reason.

5. The same rule described in paragraph 3 shall apply in relation to the Presidency of the sections existing in the Central Court of Instance.

It is amended by art. 1.49 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 167.

1. In the Courts of Instance, cases will be distributed to judges and judges, on the basis of places where they are integrated according to predetermined and public rules of division. The rules of division shall be adopted by the Governing Chamber of the High Court of Justice on a proposal from the Board of Judges of the respective Section of the Court of Instance. In the case of the Central Court of Instance, the rules of division shall be adopted by the Governing Chamber of the National High Court, on the proposal of the Board of Judges of the respective Section.

2. At the request of the person concerned, the Board of Judges of the respective Section may propose that a judge, judge, judge or judge be released, in whole or in part, from the division of cases, for a limited period of time, when the proper administration of justice makes it necessary. The agreement shall be transferred by the Presidency of the Court of Instance to the Governing Chamber for approval and publication, if deemed relevant. In the case of the Central Court of Instance, the proposal for release shall be made by the Board of Judges of the relevant Section. Any amendments to the distribution rules may not affect the procedures in progress.

3. The Government Chamber may agree on the precise modifications to the rules governing the division of judges, judges, magistrates and magistrates of the Sections on the Commercial, Criminal, Juvenile, Prison, Administrative or Social Divisions of the Courts of Instance, in order to balance the distribution of cases which, according to their class, are the subject matter of each case, even if one of them, by legal provision or agreement of the plenary of the General Council of the Judiciary itself, has assigned the division of cases of its competence to a district of a lower level than the province.

4. The Presidency of the Court of Instance, having regard to the circumstances involved, may propose the appointment of the judges, judges, magistrates and magistrates referred to in Article 84(6). The agreement shall be transferred to the Governing Chamber for approval by the Governing Chamber, if it deems it appropriate, to the General Council of the Judiciary.

5. The division shall be carried out by the counsel or counsel of the Administration of Justice under the supervision of the Presidency of the Court of Justice and shall be the responsibility of the Court of Justice to decide in its internal governmental capacity the questions arising and to correct any irregularities which may occur, taking the necessary measures and promoting, where appropriate, the requirement of appropriate responsibilities. In the case of the Central Court of Instance, these functions shall be vested in its Presidency.

It is amended by art. 1.50 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 28 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 168.

1. Those who exercise the Presidencies of the Courts of Instance shall ensure the proper use of judicial premises and material means as long as it relates to or affects the judicial function; shall ensure that the guard service is provided on a continuous basis; shall take urgent measures in cases not divided where, if not, any right may be violated or serious and irreparable harm may occur; shall hear complaints from persons concerned in cases or lawsuits, taking the necessary precautions, and shall exercise the remaining functions conferred upon them by law.

2. In any event, it is for those holding the Presidencies of the Courts of Instance to:

(a) To coordinate the functioning of the Tribunal by adopting specific decisions which, from an organizational point of view and within its competence, are necessary for the smooth running of the Tribunal.

(b) To rule in one instance on governmental appeals against decisions of counsel and legal counsel of the Administration of Justice concerning distribution.

(c) To bring to the attention of the Governing Chamber any anomalies in the functioning of the common procedural services of its territory.

(d) Resolve the remedies granted to them by the procedural laws.

(e) To promote the unification of criteria and practices among the various judges, judges, judges or judges of the Court of Instance.

(f) To assume the functions of the Section Presidency in sections with fewer than eight judges, judges or magistrates.

(g) To ensure the proper implementation of the replacements and annual replacement plans as provided for in this Act, to resolve in an internal governmental capacity any issues arising and to correct any irregularities that may arise by taking the necessary measures and promoting, where appropriate, the requirement of appropriate responsibilities.

3. It shall be the responsibility of those holding the Presidencies of the Section of the Courts of Instance:

(a) To coordinate, under the leadership of the Presidency of the Court of Justice, the operation of its Section by adopting the decisions necessary for the smooth operation of the Section.

(b) To replace anyone holding the Presidency of the Court of Instance in cases of vacancy, absence, illness or other justified cause. Where several Section Presidencies exist, this replacement will be for the best ranking.

(c) To carry out those functions delegated to him by the Presidency of the Court of Instance in relation to its Section.

(d) Convene the Section Board referred to in article 170.

(e) To inform the Presidency of the Court of Instance of the convening of the Section Boards and of the agreements adopted therein.

4. The functions described in the preceding paragraphs, as soon as they apply, shall be carried out by the Presidency of the Central Court of Instance or, where appropriate, by the Section of the Central Court of Instance concerned, within the scope of its respective competence.

It is amended by art. 1.51 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The reference to "judicial secretaries" in paragraph 2 (a) is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 (d) is added by article 4 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 25 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 169.

1. The Presidency of the Court of Instance shall have the representation of the Court before the public authorities and shall preside over the Board of Judges of the Court of Instance in matters of common interest relating to the judicial activity. This Board shall be convened by the Presidency of the Court of Instance whenever it deems it necessary or at the request of one quarter of the judges, judges and magistrates who are members of the Court of Justice.

2. The same functions shall be exercised by the Presidency of the Central Court of Instance within the scope of its competence. The convening of the Board of Judges of the Central Court of Instance shall be governed by the rules laid down in the preceding paragraph.

3. Judges, judges, magistrates and magistrates from the same province or autonomous community, presided over by the oldest or oldest in the destination, may also meet to deal with problems common to them.

4. The Board shall be deemed validly constituted to agree upon the attendance of half plus one of its members, with the adoption of the agreements by a simple majority.

5. The Board shall elect one or one of its members as Secretary or Secretariat, who shall be responsible for drawing up the minutes of the agreements of the Boards, for preserving them and for issuing certifications thereof.

6. It is for the Board of Judges of the Court of Instance to draw up annual replacement plans for judges and judges referred to in article 211 for referral to the Governing Chamber.

7. The rules laid down in this Article shall apply to the Board of Judges of the Central Court of Instance, as soon as they are compatible with its legal regime.

It is amended by art. 1.52 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 26 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 170.

1. Judges, judges, magistrates and magistrates belonging to the same Section of the Court of Instance may sit on the Court of Instance's Section Board.

This Board, chaired by the Chairman of the respective Section, shall meet to propose rules for the division of judges, judges, magistrates and magistrates, to standardise criteria and practices, and to deal with common matters or those on which it considers appropriate to submit a report to the relevant Governing Chamber or the General Council of the Judiciary through the President of the High Court of Justice or to request a report from them.

2. The Section Presidency of the Court of Justice shall convene the Board provided for in the preceding paragraph whenever it deems it necessary, or at least a quarter of the members of the Court of Justice shall so request and in any event once a year, without prejudice to Article 264(4).

Where the Section does not have a Presidency, the functions provided for in this Article shall be carried out by the Presidency of the Court of Justice. The latter may also convene together judges, magistrates and magistrates from different sections of the same court order in the same manner and in the same cases as those provided for in the preceding paragraphs.

3. The requirements for the effective establishment of this Board, its organization and operation regime, as well as for the adoption of agreements, shall be the same as those laid down in paragraphs 4 and 5 of the preceding article.

It is amended by art. 1.53 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 6 is added by the sole article.5 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

CHAPTER V

Inspection of courts and tribunals

Article 171.

1. The General Council of the Judiciary exercises the highest level of inspection and supervision over all courts and tribunals for the verification and control of the functioning of the administration of justice.

2. The President of the Council and the Members of the Council may, by agreement of the plenary, make information visits to those bodies.

3. The Council or its President may, when they deem it necessary, order that the Inspection Service attached to it, or the Presidents, Judges or Judges of any Court or Court, carry out inspections of Courts or Courts or collect information on the functioning and performance of the duties of judicial personnel.

4. The Ministry of Justice may, when it deems it necessary, request the Council to order the inspection of any court or tribunal. In this case, the Council shall notify the Ministry of Justice of the decision it adopts and, where appropriate, of the measures taken. All of this without prejudice to the powers that this Act grants to the Public Prosecutor.

Article 172.

1. The President of the Supreme Court directs the regular inspection and monitors the functioning of the Chambers and Sections of this Court.

2. The Presidents of the High Courts of Justice exercise the same functions in their respective territorial areas.

3. The President of the National High Court has the powers of the preceding paragraphs, in respect of the Chambers of the High Court and the Central Court of Instance.

4. The Presidents of the Provincial High Courts may exercise by delegation the inspection of the courts and tribunals in their respective fields and other administrative functions entrusted to them.

Paragraph 3 is amended by Art. 1.54 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 4 is added by Article 27 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 173.

The inspection shall be carried out by a judge of the same or higher rank as that of the holder of the body inspected.

Article 174.

1. The Judges and Presidents of Sections and Chambers shall exercise their inspection in the cases before them.

2. If, in their opinion, it is appropriate to take any measure other than within their competence or to send visits to a court or tribunal, they shall make a statement to the President of the Supreme Court, the National High Court or the High Court of Justice, so that the latter may decide what is appropriate.

Article 175.

1. Judges and magistrates and staff in the service of the Administration of Justice should provide the necessary cooperation for the proper purpose of the inspection.

2. Inspecting powers shall be exercised without prejudice to the authority of the Judge, Judge or President.

3. The inspection file shall be supplemented by reports on the body inspected, which may be submitted by the respective bar associations, attorneys or, in the case of social jurisdiction, social graduates in all matters affecting them. To that end, they shall be notified, in good time, of the circumstances in which the inspection activity is carried out.

Paragraph 3 is amended by final provision 1 of Organic Law 4/2013 of 28 June. Ref. BOE-A-2013-7061.

Please note that this amendment will enter into force on the day on which the first General Council of the Judiciary is constituted in accordance with the provisions of the aforementioned Organic Law, as set out in its final provision 3.2.

Article 176.

1. The inspection shall include an examination of all the requirements for the functioning of the Court or Court and the performance of the duties of the judicial personnel, in particular in order to ensure that all cases are dealt with promptly and effectively.

2. The interpretation and application of laws made by judges or tribunals when administering justice may not be subject to approval, censorship or correction, on the occasion or as a result of inspection acts.

Article 177.

1. The judge or judge conducting the inspection shall draw up a report which he shall submit to the person who has decreed it.

2. A record of the inspection visits shall be drawn up, detailing the outcome of the inspection, and a copy of which shall be given to the Judge or President of the judicial body inspected. They may, in respect of such minutes, make observations or make clarifications and forward them to the Authority which has ordered the inspection within 10 days.

3. The President of the Governing Chamber, who, if any, shall be informed, shall, in the light of the report, where appropriate, take such measures as he deems appropriate within his powers, and, where he has no competence to decide, shall propose to the General Council of the Judiciary whatever he deems appropriate. The communication to the General Council shall be made through its President. The General Council shall itself take the appropriate measures, where it has ordered the inspection.

CHAPTER VI

From the Government Secretariats

Article 178.

1. The Supreme Court, the National High Court and the High Courts of Justice shall have a Secretariat of Government attached to the respective Secretary of Government, which shall be assisted by staff in the service of the Administration of Justice who shall determine the corresponding list of jobs.

2. In addition, there may be a Deputy Secretary of Government in these courts.

It is amended by article 28 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

BOOK III

OF THE JUZGATE AND TRIBUNAL SYSTEM

TITLE I

Time of the proceedings

CHAPTER I

From the regular period of operation of the Tribunals

Article 179.

The judicial year, the ordinary period of activity of the Tribunals, shall extend from 1 September, or the following working day, until 31 July of each calendar year.

Article 180.

1. During the period in which the Tribunals cease their ordinary activity, a Chamber composed of its President and the number of judges determined by the General Council of the Judiciary shall be formed in the same Chamber, which shall assume the powers of the Governing and Justice Chambers, ensuring that there are judges of the various Chambers.

2. Judges who are not members of this Chamber may, from the end of the regular period of office, be absent after the completion of the cases referred to above.

Article 181.

1. At the beginning of the judicial year, a solemn act shall be held in the Supreme Court.

2. The President of the General Council of the Judiciary and the Supreme Court shall present at that event the annual report on the status, functioning and activities of the Courts and Courts of Justice.

3. The State Attorney General will also read in this event the annual report on his activity, the evolution of crime, crime prevention and reforms suitable for the greater effectiveness of the justice system.

CHAPTER II

The working time of the court proceedings

Article 182.

1. They are unfit for procedural purposes on Saturdays and Sundays, on national holidays and on public holidays for work purposes in the respective Autonomous Community or locality.

The General Council of the Judiciary, by regulation, may authorize these days for the purpose of judicial proceedings in cases not expressly provided for by law.

2. It's working hours from 8:00 a.m. to 8:00 p.m., unless the law provides otherwise.

Paragraph 1 is amended by final provision 1.2 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Please note that this amendment enters into force on the day of its publication, as provided for in the sixth final provision of the aforementioned Organic Law.

It is amended by article 29 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 183.

The days of August, as well as every day from 24 December to 6 January of the following year, shall be inoperable for all judicial proceedings, except those declared urgent by the procedural laws. However, the General Council of the Judiciary, by regulation, may enable them for the purposes of other proceedings.

It is amended by final provision 1.3 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Please note that this amendment enters into force on the day of its publication, as provided for in the sixth final provision of the aforementioned Organic Law.

It is amended by article 30 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 184.

1. Without prejudice to the provisions of the preceding articles, every day of the year and every hour shall be able to investigate criminal cases, without the need for special authorization.

2. Inactive days and hours may be permitted subject to the provisions of the procedural laws.

Paragraph 2 is amended by Art. 1.3 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Article 185.

1. The procedural time limits shall be calculated in accordance with the provisions of the Civil Code. In those indicated by days, the inhabile ones will be excluded.

2. If the last day of the period of time is unusable, it shall be deemed to be extended to the first working day following.

TITLE II

How courts and tribunals are constituted

CHAPTER I

From the public hearing

Article 186.

Courts and tribunals shall hold public hearings every working day for the conduct of evidence, hearings of lawsuits and cases, the publication of sentences handed down and other acts specified by law.

Article 187.

1. In public hearings, meetings of the Tribunal and solemn judicial acts, judges, magistrates, prosecutors, registrars, lawyers and attorneys shall wear robes and, where appropriate, plaque and medal according to their rank.

2. Likewise, all of them will sit at the same height.

Article 188.

1. The Judges and the Presidents of the Hearings and Courts, within the limits set by the General Council of the Judiciary, shall indicate the hours of public hearings necessary to ensure that proceedings are conducted without undue delay. They shall be made known through an edict that is ostensibly fixed on the outside of the courtrooms of the courts and tribunals.

2. The Judges and Judges forming the Chamber shall attend the hearing, if there is no justified cause.

Paragraph 1 is amended by Article 24 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 189.

Judges and magistrates, presidents, lawyers of the Administration of Justice, and other personnel in the service of the Administration of Justice shall exercise their respective activities in accordance with the requirements of the service, without prejudice to the established timetable.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 31 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 25 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 190.

1. It is for the President of the Court or the judge to maintain the order in the Chamber, for which purpose he shall agree as appropriate.

2. They shall also protect those present in their rights.

3. The same obligations shall be incumbent upon the Registrar in all proceedings before him alone in the units of the Judicial Office.

It is amended by article 32 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 191.

For the purposes of the preceding article, those who disturb the hearing of any trial, cause or other judicial act, giving ostensible signs of approval or disapproval, disrespecting respect and considerations due to judges, courts, prosecution, lawyers, attorneys, lawyers of the Administration of Justice, forensic doctors or other personnel in the service of the Administration of Justice, shall be reprimanded in the act by those who preside and are expelled from the chamber or offices of the Judicial Office, if they do not obey the first warning, without prejudice to the criminal responsibility they incur.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 33 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 192.

Those who refuse to comply with the expulsion order shall also be liable to a fine, the maximum of which shall be the highest fine provided for in the Spanish Criminal Code as a penalty for misdemeanors.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 193.

1. The same fine shall be imposed on witnesses, experts or any other person who, as a party or representative, fails to take part in hearings and judicial acts by word, act or in writing for the consideration, respect and obedience of judges, prosecutors, lawyers of the Administration of Justice and other personnel in the service of the Administration of Justice, where their acts do not constitute a criminal offence.

2. This provision does not cover lawyers and attorneys of the parties, for whom the provisions of Book VII, Title V, shall be observed.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 34 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 194.

1. The minutes shall record the act giving rise to the penalty, the explanation given, if any, by the person responsible and the agreement adopted by the person presiding over the act.

2. An appeal against the sanction agreement may be lodged within three days before the judge, President or Counsel of the Administration of Justice, who will decide on the following day. If such an appeal has not been used, the decision of the court hearing or of the imposition of the penalty shall, within five days, be dismissed before the Governing Chamber, which shall decide on the application, after the judge, President or counsel of the Administration of Justice who imposed the sanction, at the first meeting to be held.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 35 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 195.

When the acts covered by the preceding articles become an offence, the perpetrators shall be arrested at the time and placed at the disposal of the competent judge.

CHAPTER II

The formation of Chambers and alternate judges

Article 196.

In cases where the law does not provide otherwise, three Judges shall be sufficient to form the Chamber.

Article 197.

However, all the judges who make up the Chamber may be called upon, even if the law does not require it, when the President, or most of them, deems it necessary for the administration of justice.

Article 198.

1. The composition of the Sections shall be determined by the President on the basis of the criteria approved annually by the Governing Chamber, on its proposal.

2. They shall be chaired by the President of the Chamber, by the Section President or, failing that, by the oldest judge of the Chamber.

Article 199.

1. If judges are not present in sufficient numbers to constitute a Chamber in the Provincial High Courts or High Courts of Justice, they shall attend to complete it by those members of the judicial career appointed by the President of the respective collegial body, by order and in accordance with the following rules:

First, the judges of the same body shall be called in the list of professional alternates referred to in the following article, beginning with those of the same Section, if any, and then call the rest whenever they are free to point out.

Secondly, judges and magistrates outside the body who act in the list of members of the judicial profession referred to in the following article, in accordance with the order established therein.

Thirdly, the President of the High Court of Justice shall, on his own initiative or on a proposal from the President of the respective Provincial High Court in which the Chamber cannot be constituted, appoint the judges of territorial secondment referred to in Article 347a.

Fourth, the President of the High Court or, where appropriate, the President of the Provincial High Court concerned, shall call on members of the judicial career of the corresponding order who have a lower workload in the respective territory, in accordance with the data provided by the Inspection Service, provided that there is no inconsistency of findings.

Fifthly, those of the same body in the set turn, in which those who are free of marking and, among these, the most modern ones will be preferred.

Ultimately and exceptionally, where it is not possible to form a Chamber with a member of the judicial profession in accordance with the foregoing and budgetary availability, a non-professional substitute judge shall be called in accordance with the provisions of this Law.

2. At the National High Court, when judges are not present in sufficient numbers to constitute a Chamber, they shall be present to complete it by other Judges appointed by the President of the Chamber or, where appropriate, by the Tribunal, according to a shift in which those who are free to point out and, among them, the most modern ones shall be preferred. In the absence of such a request, an alternate judge shall be called in accordance with the provisions of the following Article.

3. How many doubts may arise in the application of the above rules will be resolved by giving preference in any case to professional substitution among members of the judicial profession and by taking into account the criterion of maximum use of public resources.

4. Appeals that take place in accordance with this provision shall be remunerated in cases and in amounts determined by regulation. Under no circumstances shall they be so when the workload assumed by the call, which is computed together with that of its parent body, does not reach the minimum established according to the technical criteria established by the General Council of the Judiciary.

5. The total cost of annual appeals shall not exceed the annual ceiling set in the budgets of the Ministry of Justice. For this purpose, the Ministry, following the adoption of the relevant General Budgets Act, shall inform the General Council of the Judiciary of this limit, which shall ensure its strict compliance.

6. The General Council of the Judiciary must have approved the relations referred to in the preceding paragraphs, which were referred to it by the relevant Governing Chambers in accordance with article 152 of this Law, before the day of 1 January.

7. Within the limits of the appeal or secondment, the appointed judges shall act, as members of the Chamber which they are called upon to form, with the same rights and duties as the incumbent judges.

Paragraph 2 is amended by article 29 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 6 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Article 200.

1. In the High Courts of Justice and Provincial High Courts, a list of members of the judicial career who voluntarily wish to participate will be drawn up annually to be called upon to complete the Chamber. The relationship shall include, for each court order, the priority with which appeals should be made.

In any event, applicants for such a relationship must, at the time of the application, justify the status of the agenda for the identification and suspension of matters of the body of which they are the holder, as well as the number and reason for the decisions pending to be made that correspond to them.

2. For the purposes of the foregoing article, there may be a list of alternate judges who are not members of the judicial career at the National High Court, the High Courts of Justice and the Provincial High Courts, who shall be called to form a Chamber according to the priority established within each order or jurisdictional order for which they have been appointed.

His appeal must respect the budgetary availability and priority set out in the previous article, without ever being able to attend the formation of more than one alternate judge.

3. It is for the Presidents of the Provincial High Courts and High Courts of Justice to draw up both relationships, both of holders and of non-professional alternates, which will consider the priority of appeals and forward them to the respective Government Chamber for provisional approval. This will be submitted to the General Council of the Judiciary for final approval as appropriate.

Paragraphs 4 and 5 are deleted and Article 2 is amended by Article 30 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 7 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Paragraph 5 is added by Article 2 of Organic Law 2/2004 of 28 December. Ref. BOE-A-2004-21761.

Paragraph 4 is amended by the sole article 36 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 4 is added by Art. 4.2 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 4.8 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 201.

1. The post of Deputy Judge shall be remunerated in a manner to be determined by the Government in accordance with the budgetary provisions.

2. Only those who qualify for the judicial career, except those who are retired by age, may be eligible for the judicial career. A person who has reached the age of 70 and, for the Supreme Court, who has not attained at least 15 years of legal experience may not be proposed or act as an alternate.

3. Preferably, those who have served in judicial or legal functions of the Administration of Justice or as substitutes in the Public Service, with proven aptitude or in legal or educational professions, provided that these circumstances are not distorted by others who conduct their lack of suitability. In no case shall the appointment be made by those who practise the profession of lawyer or procurator.

4. The post of Deputy Magistrate shall be subject to the regime of incompatibilities and prohibitions regulated in articles 389 to 397 of this Law. Except for:

(a) Article 394 without prejudice to paragraph 5(d) of this Article.

(b) The cause of incompatibility with regard to teaching or legal investigation, which shall in no case be applicable, irrespective of the administrative status of the persons exercising them.

5. Alternate judges shall be subject to the same grounds for removal as judges and judges, as soon as applicable. Cesaran, in addition:

(a) For the duration of the period for which they were appointed.

(b) By resignation, accepted by the General Council of the Judiciary.

(c) To reach the age of seventy-two years.

(d) By agreement of the General Council of the Judiciary, following summary information with a hearing of the person concerned and of the Public Prosecutor ' s Office, if they are found to be unfit or unfit for the exercise of their duties, they shall be liable for incapacity or incompatibility or for breach of a prohibition, or shall cease to attend to the duties of the office diligently.

The reference to "judicial secretaries" in paragraph 3 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by article the sole Article, point 37 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is amended by Art. 5.1 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

It is amended by art. 4.9 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 202.

The appointment of judges who are not members of the Chamber shall be immediately communicated to them and to the parties, for the purpose of their possible abstention or challenge.

CHAPTER III

The Judge rapporteur

Article 203.

1. In each case or case before a court or tribunal there shall be a Judge-Rapporteur, appointed according to the time set for the Chamber or Section at the beginning of the judicial year, solely on the basis of objective criteria.

2. The appointment shall be made in the first decision to be issued in the proceedings and the parties shall be notified of the name of the Judge-Rapporteur and, where appropriate, of his replacement, in accordance with the established time, with an expression of the reasons for the replacement.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 204.

The appointment of rapporteur shall be made by all the Judges of the Chamber or Section, including the Presidents.

Article 205.

It shall be the responsibility of the rapporteur, in cases or cases which have been referred to him:

1. The ordinary dispatch and the care of its processing.

2. Examine the interrogations, statement of positions and offer of evidence submitted by the parties and report on their relevance.

3. Presiding the practice of evidence declared relevant, provided that it is not required to be conducted before the Tribunal.

4. Report appeals against decisions of the Chamber or Section.

5. Propose and draft final decisions on incidents, judgements and other decisions to be discussed by the Chamber or Section, if agreed.

6. To deliver the sentences in the Public Hearing.

Article 206.

1. If the rapporteur is not satisfied with the majority vote, he will decline the wording of the resolution, and his individual vote should be formulated in a reasoned manner.

2. In this case, the President shall direct the drafting of another Judge and shall arrange for the necessary correction in the speaking session to restore equality in the same.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

CHAPTER IV

Substitutions

Article 207.

Judges and magistrates shall be replaced in cases of vacancy, leave, special services or other cases justifying such a vacancy. Replacements shall be made in the manner set forth in this Chapter, without prejudice to the provisions of this Law for the composition of the Chambers and Sections of the Courts.

Article 208.

1. The President of the Supreme Court, the President of the National High Court and the Presidents of the High Courts of Justice shall be replaced by the President of the Chamber of the same seat as the previous seat in office. However, the Governing Chamber shall be convened and chaired by the oldest President of the Chamber in office, even if he is from a different location.

2. The Presidents of the Provincial High Courts shall be replaced by the oldest President of the Section or, if there are none, by the Magistrate with the best place on the rank.

3. If the staff of the Hearing does not include any other position than that of its President, it shall be replaced by the Judge-in-Office who is in turn to attend the hearing.

Paragraph 1 is amended by Article 4.10 Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 209.

1. The Presidents of the Chambers and Sections shall be replaced by the Judge with the best position on the scale of the Chamber or Section concerned.

2. In the event of a vacancy, the President of the High Court or Tribunal shall assume the Presidency of the Chamber, if he deems it appropriate.

Article 210.

1. The replacements of judges, judges, magistrates and magistrates in the Courts of Instance shall be governed by the following rules and priority order:

(a) By their order, those who voluntarily participate in the annual replacement plans. In any event, applicants for such a relationship shall, at the time of the application, justify the status of the identification agenda, the suspension of cases and the number and reason for the decisions pending to be made.

(b) If there is compatibility in the statements, the corresponding replacement or replacement shall be called or called, as proposed by the Board of Judges and Judges and approved by the respective Governing Chamber.

(c) The following shall be called by the following order: the judges of territorial secondment referred to in article 347 bis who are available, beginning with the oldest in the hierarchy; the judges in expectation of destiny regulated by article 308.2 for the same priority; and the judges who are developing practices in accordance with article 307.2 by the order established for that purpose by the Judicial School.

(d) Fourth, the replacement regime provided for in the following article shall apply to the other members of the judicial profession of the same judicial party.

(e) In any case and without subject to the order referred to in the preceding paragraphs of this number, the jurisdiction of a judge, judge, judge or judge may be extended to a different Section or Court of Instance in accordance with the provisions of this Act.

(f) In the final analysis, and having exhausted the above possibilities, a non-professional substitute shall be called upon in accordance with article 213 of this Act.

2. The annual replacement plans referred to in the preceding paragraph shall consist of drawing up timetables setting out rotational replacement shifts and coordinating the observation and duty functions so as to ensure the availability of those judges, judges, magistrates and magistrates who voluntarily participate in them to immediately cover any absences that may occur. The provision for replacements shall, in any event, be made in accordance with the preferences set out in the following article.

3. The annual replacement plans shall be drawn up on a proposal from the relevant Boards of Judges and Judges and shall be forwarded to the respective Governing Chamber for provisional approval, which shall, where appropriate, be carried out after a hearing by the relevant Prosecutor's Office in order to coordinate, as far as possible, the indications concerning procedures in which the laws provide for their intervention. Once such provisional approval has been verified, it shall be submitted to the General Council of the Judiciary for final approval as appropriate.

4. The Presidencies of the Courts of Instance, Provincial High Courts, High Courts of Justice and National High Courts shall ensure, within their respective powers, the exact implementation of the regime of substitutions provided for in this provision and, in particular, of the annual replacement plans.

5. The General Council of the Judiciary, acting on its own initiative or at the request of any of the foregoing, shall take appropriate measures in the event of non-compliance with the regime of substitutions provided for in this provision. It shall also take such measures as may be necessary to correct any dysfunction in the implementation of the annual replacement plans.

6. The same rules for the replacement of judges, judges, magistrates and magistrates in the Courts of Instance shall also extend, as soon as they apply, to replacements between judges, judges, magistrates and magistrates of the Central Court of Instance, with the Presidency responsible for monitoring compliance with the replacement regime and annual replacement plans.

It is amended by art. 1.55 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 8 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Paragraph 1 is amended by additional provision 10.4 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

Paragraph 1 is amended by Article 2.8 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Paragraph 1 is amended by Article 3.1 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 211.

For the purposes of paragraphs 1(b) and 1(d) of the preceding article, the following rules shall be observed:

1. Judges, judges, magistrates and magistrates in sections of the same court order shall be replaced by each other in the manner agreed by the Governing Chamber of the High Court of Justice, on the proposal of the Board of Judges and Judges of the Court of Instance.

2.a Where there is no other judge of the same kind in a population, the replacement shall be the responsibility of a different judge or judge of the same class.

3.a. They shall also replace those of different judicial orders, even though there are several judges or magistrates and magistrates belonging to the same, when the possibilities of substitution between them are exhausted.

4.a Judges or magistrates and magistrates assigned to the Civil and Investigations Section, which shall constitute a single section, shall be responsible for the replacement of judges or magistrates and magistrates of other judicial orders and of the Juvenile Section, where there is no possibility that the replacement may be made between those of the same order.

5.a The replacement of judges or magistrates and magistrates assigned to a Criminal Division shall be the responsibility of the Civil Section in the absence of a single Civil and Instruction Section. In other cases, judges or magistrates and magistrates assigned to a criminal division and also to the single section shall be replaced by those assigned to the sections on the commercial, family, children and capacity, minors, the administrative and social sectors, in accordance with the order established by the Governing Chamber of the High Court of Justice.

6.a Judges and magistrates with jurisdiction over violence against women, as well as judges with jurisdiction over violence against children and adolescents, shall be replaced by judges and magistrates with jurisdiction over violence against women, in accordance with the order established by the Governing Chamber of the respective High Court of Justice.

It is amended by art. 1.56 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 9 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

The third subparagraph is added to paragraph 3 by additional provision 10.5 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760.

The second subparagraph of paragraph 3 is amended by Article 2.9 of Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Paragraphs 1 and 3 are amended by Article 3.2 and 3 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 212.

1. Where it is advisable for a better hearing of cases, taking into account the limited workload of a judge, judge, judge or judge of the same order as that to be replaced or replaced, the President of the High Court of Justice shall extend, after hearing, the jurisdiction of the judge or judge, who shall hold both posts entitled to the corresponding remuneration within the budgetary provisions in accordance with the terms to be laid down by regulation.

In any event, any judge, judge, judge or judge of the same order as the one to be replaced may be of interest to the President or the President of the High Court of Justice who extends his jurisdiction in order to hold both positions, with the same right to the remuneration provided for in the preceding paragraph.

2. Extensions of jurisdiction shall be communicated, through the respective Government Chamber, to the General Council of the Judiciary for approval, without prejudice to the commencement of the exercise of jurisdiction, if the President so so so wishes.

Paragraph 1 is amended by Article 1.57 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 10 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article the sole Article, point 38 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is amended by Art. 4.11 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Paragraph 1 is amended by Article 3.4 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 213.

1. Only in exceptional cases, where it is not possible to replace a member of the judicial profession or a practising judge as provided for in the preceding articles, shall he exercise jurisdiction in the same extent as if a substitute judge were the holder of the organ.

2. A substitute judge shall be appointed in the same manner as a substitute judge and shall be subject to the same legal regime.

3. In the case of several substitutes appointed for the locality and the corresponding court order, they shall be called by the priority order established in the appointment.

4. Under no circumstances shall a substitute judge be called upon without first establishing the availability of the budget.

5. The remuneration of substitute judges shall be determined by the Government in accordance with budgetary provisions.

It is amended by article 11 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Article 214.

Judges shall perform the functions inherent in their court, both as holders and in expectation of assignment or support, and the post they replace.

Professional replacements, where they occur, shall be remunerated in the cases and amount determined by regulation.

It is amended by article 12 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 39 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 4.12 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 215.

Justices of the peace shall be replaced by the respective substitute judges.

It is amended by article 13 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Article 216.

1. Service commissions may not be granted to courts or tribunals if it is not for a specified period of time, in circumstances of special necessity and prior to the consent of the person concerned.

2. Commissions shall be awarded by the General Council of the Judiciary, after hearing the relevant Governing Chambers.

3. No commissions shall be conferred on the offices of President and President of the Chamber of the National High Court and High Courts of Justice, or on the President of the Provincial High Court.

CHAPTER IV BIS

Strengthening measures in the ownership of judicial bodies

It is added by art. 8.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Text added, published on 09/11/1994, in force from 09/12/1994.

Article 216 bis.

1. Where the exceptional delay or backlog of cases in a particular court cannot be corrected by the strengthening of the staff of the Judicial Office or the temporary exemption from division provided for in article 167.2, the General Council of the Judiciary may agree on exceptional measures of judicial support consisting of the secondment of judges and magistrates holding other judicial bodies by granting commissions of service.

2. The Presidents of the High Courts of Justice may propose as a support measure the compulsory secondment, on a commission basis without relief of functions, of judges and magistrates holding organs with little workload in accordance with the technical criteria established by the General Council of the Judiciary. This commission will not be paid, even if it is approved, if the workload assumed by the staff member, which is computed together with that of his or her parent body, does not reach the minimum established in the above technical criteria.

3. The secondment of judges in expectation of appointment under article 308.2 may also be granted as supporting judges, by this order, to judges who are developing practices under article 307.2 to judges of territorial secondment referred to in article 347 bis and exceptionally to substitute and alternate judges.

4. A person who participates in a secondment support measure without relief from duties shall be exempt, unless he voluntarily requests, from making such replacements as he may have in the organ of which he is the holder, in accordance with the annual replacement plan.

5. The approval by the General Council of the Judiciary of any support measure shall require the prior approval of the Ministry of Justice who may object only for reasons of budgetary availability, all within the framework established by the Protocol which both shall sign annually for the purpose of planning such measures as may be taken.

6. If the cause of the delay is structural in nature, the General Council of the Judiciary, together with the adoption of the aforementioned provisional measures, shall make appropriate proposals to the Ministry of Justice or to the Autonomous Communities with competence in the matter, in order to adjust the staffing of the court or tribunal concerned or to correct the demarcation or plant concerned.

Paragraph 1 is amended by Article 1.58 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is amended by the sole article 3 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 14 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 40 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is added by art. 8.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Text added, published on 09/11/1994, in force from 09/12/1994.

Article 216 bis 2.

Proposals for judicial support measures, to be submitted to the General Council of the Judiciary through the relevant Government Chambers, should contain:

1.Succinct explanation of the situation of the court concerned.

2. Reasoned expression of the causes that have caused the delay or cumulation of cases.

3. Overview of the workload of the court and the number and type of cases pending.

4th Plan for updating the Court or Court with an indication of its temporary extension and of the plan for ordination of the specific function of the judge or support team, the task of which, with full jurisdiction, will be planned in the process and resolution of cases of re-entry or pending referral, with cases in progress that have not reached that stage being reserved to the holder or holders of the body.

It is added by art. 8.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Text added, published on 09/11/1994, in force from 09/12/1994.

Article 216 bis 3.

1. Government Chambers planning the establishment of secondment support measures should give adequate publicity to their purpose so that judges and magistrates who might be interested in the appointment have an opportunity to make a request.

2. In the event that there are several petitioners for the granting of the same commission of service, the relevant Governing Chamber, in proposing in preference to the one it deems most appropriate, shall assess the following circumstances:

(a) Belonging of the requesting judge or judge to the same judicial order in which the court or tribunal is composed to be strengthened.

(b) The place and distance of the petitioner's fate.

(c) The status of the organ that is the holder.

(d) Knowledge of the law or the language and substantive law of the Autonomous Community in which the commission is to take place.

In all cases in which the commission is to be proposed with the removal of functions, it shall be a prerequisite for its granting that, in the opinion of the General Council of the Judiciary, the absence of the judge or magistrate concerned, at the time of its occurrence, shall be satisfactorily covered by a replacement or any other formula provided for in this Act, after a report by the Governing Chamber of the High Court of Justice under whose jurisdiction the organ of origin is located.

Such assessments shall be duly mentioned in the proposal of the Governing Chamber, which shall also reflect the acceptance of the proposed judge or judge and state whether or not he or she is to be relieved of his or her duties at his or her own disposal.

3. A proposal for secondment must state whether or not it should be granted with the right to receive subsistence allowance and travel expenses and the corresponding remuneration scheme.

4. Exceptionally, when the peculiarities of the reinforcement prevent the secondment of service from being served by a single judge during its entire temporary extension, the General Council of the Judiciary may authorize that its performance be carried out by those who voluntarily participate in the plans to replace the judicial body to be strengthened, subject to the sequence of appeals between them established by the General Council of the Judiciary itself.

Paragraph 4 is added by Article 31 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is added by art. 8.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Text added, published on 09/11/1994, in force from 09/12/1994.

Article 216 bis 4.

Service commissions and secondments under the support of judges and alternate judges shall be requested and granted for a maximum period of six months, which shall begin to run from the moment of the incorporation of those appointed to the courts or tribunals under reinforcement.

However, if the intended update has not been achieved during that period, the re-application of the measure may be proposed for a further period of time equal to or less if this is sufficient for the purposes of the standardisation pursued.

The renewal proposals shall be subject to the same requirements as those laid down for the original judicial support measures.

It is added by art. 8.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Text added, published on 09/11/1994, in force from 09/12/1994.

CHAPTER V

Abstentions and challenges

Article 217.

The judge or magistrate in which any of the cases established by law are held shall refrain from hearing the case without waiting for a challenge.

It is amended by article 41 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 218.

They may challenge only:

1. In civil, social and contentious-administrative matters, the parties may also do so if the prosecution is in a process in which, by the nature of the rights in conflict, they may or must intervene.

2. In criminal matters, the Public Prosecutor ' s Office, the public prosecutor, private or private, the civil actor, the accused or accused, the defendant or defendant and the third party responsible for civil matters.

It is amended by article 42 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 219.

The following are grounds for abstention and, where appropriate, for disqualification:

1.a The matrimonial bond or similar factual situation and the kinship by consanguinity or affinity within the fourth degree with the parties or the representative of the Public Prosecutor ' s Office.

2.a The marriage bond or assimilated factual situation and kinship by consanguinity or affinity within the second degree with the counsel or attorney of any of the parties involved in the lawsuit or cause.

3. To be or have been a legal defender or a member of the guardianship bodies of either party, or to have been under the care or guardianship of any of the parties.

4. To be or to have been denounced or accused by either party as responsible for any offence or misdemeanour, provided that the complaint or accusation had led to the initiation of criminal proceedings and that the criminal proceedings had not ended by acquittal or dismissal order.

5.a To have been disciplined on the basis of a file filed on the basis of a complaint or on the initiative of one of the parties.

6.a Having been a defender or representative of any of the parties, having given an opinion on the case or case as a lawyer, or having intervened in it as a prosecutor, expert or witness.

7. To be or have been a complainant or accuser of either party.

8.a Have pending litigation with any of these.

9.a Intimate friendship or enmity manifests with either side.

10.a Have direct or indirect interest in the lawsuit or cause.

11.a Have participated in the investigation of the criminal case or have resolved the case or case in the previous instance.

12. to be or have been one of the subordinate parties to the judge who is required to settle the dispute.

13.a Having held public office, held employment or exercised a profession in which he has participated directly or indirectly in the case in question or in another case relating thereto.

14.a In proceedings to which the public administration is a party, the judge or magistrate shall be with the authority or official who has given the act or informed of it or has done the act for which the proceedings are being conducted in one of the circumstances referred to in cases 1a to 9a, 12a, 13a and 15a of this article.

15.a The marriage relationship or similar factual situation, or kinship within the second degree of consanguinity or affinity, with the judge or magistrate who has issued a decision or has acted to assess by appeal or at any subsequent stage of the proceedings.

16.a The judge or magistrate shall have held public or administrative office at which he or she may have been aware of the subject matter of the dispute and may have formed a judgement to the detriment of due impartiality.

It is amended by article 43 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 12 is added. 4.1 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

The number 10 is amended by art. 3.5 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Numbers 10 and 11 were written in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 220.

(Repealed)

It is repealed by the single derogation provision (a) of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 4.2 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 221.

1. The judge or judge shall communicate the abstention, respectively, to the section or chamber of which he or she is a member or to the judicial body to which the functional competence lies in order to hear appeals against the decisions of the judge. The communication of the abstention shall be made in writing reasoned as soon as the cause that motivates it is warned.

The body competent to decide on the abstention shall decide within 10 days.

2. Abstention shall suspend the proceedings until the decision has been taken or the time limit for their resolution has elapsed.

3. If the Section or Chamber or the judicial body referred to in paragraph 1 of this Article does not consider the abstention to be justified, it shall order the judge or magistrate to continue hearing the case, without prejudice to the right of the parties to assert the challenge. Once the order has been received, the judge or magistrate shall issue the order, terminating the stay of the proceedings.

4. If the abstention by the competent body pursuant to paragraph 1 is deemed justified, the person abstaining shall issue an order definitively departing from the case and ordering the referral of the proceedings to which he is to be replaced. Where the person abstaining is a member of a collegial body, the order shall be issued by the Chamber or Section to which it belongs. An order for abstention shall not be subject to appeal.

5. In any event, the suspension of the proceedings shall end when the substitute receives the proceedings or joins the Chamber or Section to which the absentee belonged.

It is amended by article 44 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 222.

Abstention and replacement of the judge or magistrate who has abstained shall be communicated to the parties, including the name of the substitute.

It is amended by article 45 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 223.

1. The challenge must be proposed as soon as the case on which it is based is known, since in another case it will not be admissible.

In particular, the challenges shall be dismissed:

1. (1) If they do not propose within 10 days of notification of the first decision which gives the identity of the judge or judge to challenge, if the knowledge of the concurring of the ground of challenge is prior to the latter.

2. When a case is proposed, pending, if the ground of challenge is known before the time of the proposed challenge.

2. The challenge shall be proposed in writing and shall state clearly and concretely the legal cause and the grounds on which it is founded, accompanied by a principle of proof of such grounds. This letter will be signed by the lawyer and attorney if they intervene in the lawsuit, and by the challenger, or by someone at his request, if he is unable to sign. In any event, the procurator must accompany special powers for the challenge in question. If the prosecutor and lawyer do not intervene, the challenger must ratify the challenge before the registrar of the court concerned.

3. Once the challenge has been formulated, the other parties to the proceedings shall be transferred to indicate, within a common period of three days, whether they adhere to or oppose the proposed challenge cause or if, at that time, they are aware of any other ground for challenge. A party which does not object within that period may not do so at a later date, unless it proves satisfactorily that, at that time, it did not know the new ground for challenge.

On the business day following the end of the period provided for in the preceding paragraph, the challenged person shall decide whether or not to admit the ground or grounds for challenge raised.

It is amended by article 46 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 224.

1. They will instil in the recuse incidents:

1. Where the challenged person or the challenged person is the person holding the Presidency or a judge of the Supreme Court, the National High Court or a High Court of Justice, a judge or judge of the Chamber to which the person challenged is appointed or appointed by virtue of a shift established by order of seniority.

2. Where the challenged person or the challenged person is a President or a President of the Provincial High Court, a judge or a judge of the Civil and Criminal Division of the relevant High Court of Justice appointed on the basis of a time established by order of seniority.

3. Where the challenged person or the challenged person is a judge of a hearing, a judge or a judge of the same hearing appointed or appointed on the basis of a shift established by order of seniority, provided that he or she does not belong to the same section as the person challenged.

4. When all judges and magistrates of a Chamber of Justice are challenged, a judge or a judge from whom the relevant court is appointed or appointed on the basis of a time established by order of seniority, provided that he is not affected or affected by the challenge.

5. Where the challenged person is a judge, judge, judge or judge assigned or assigned to a Court of Instance or to the Central Court of Instance, a judge, judge or judge of the collegial body who hears his appeals, appointed or appointed on the basis of a time established by order of seniority.

6. Where the challenged person is a judge or justice of the peace, the judge of the party concerned or, if there are several, the judge appointed by a shift established by an order of seniority.

The seniority shall be governed by the order of rank in the judicial career.

2. In cases where it is not possible to comply with the provisions of the preceding subparagraph, the Governing Chamber of the relevant Tribunal shall appoint the investigator, ensuring that he is of a higher rank or, at least, of a higher age than the challenged or challenged.

Paragraph 1 is amended by Article 1.59 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 47 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 225.

1. On the same day as the end of the period referred to in Article 223(3), or on the following working day, the complaint or case shall be brought before the substitute, and the challenge shall be referred to the appropriate court for investigation of the incident.

A report of the challenge must also be accompanied as to whether or not it admits the ground of challenge.

2. Objections which do not state the reasons on which they are founded or which are not accompanied by the documents referred to in Article 223(2) shall not be admissible.

3. If the challengeee accepts as true the cause of the challenge, the incident will be resolved without further formalities.

Otherwise, the investigator, if he admits to the proposed challenge, shall order the use, within 10 days, of the evidence requested which is relevant and whichever he deems necessary, and shall then refer the matter to the court competent to decide the incident.

The proceedings received by the court competent to decide the challenge shall be referred to the Public Prosecutor's Office for a three-day report. After that period, with or without a report from the Public Prosecutor's Office, the incident will be decided within five days. There shall be no appeal against such a decision.

4. The challenge shall suspend the course of the proceedings until a decision has been taken on the challenge incident except in the criminal court order, in which the investigating judge who legally replaces the challengeee shall continue to process the case.

It is amended by article 48 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 226.

1. In proceedings conducted through the channels of the oral proceedings, regardless of the court order, and in cases of misdemeanour, if the challenged judge does not accept the ground of challenge as true, the proceedings to which the case is directed shall be transferred, while the main case shall be suspended. The investigator shall agree that the parties shall appear at his presence on the day and time set by him within the following five times and, after hearing the parties and after having taken the evidence declared relevant, shall decide by order in the same act whether or not the challenge has been made.

2. For the challenge of judges or magistrates following the hearing, the provisions of articles 190 to 192 of the Constitution shall apply. Civil Procedure Act.

It is amended by article 49 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 227.

They will decide on the incidents of recusal:

1. The Chamber provided for in article 61 of this Law when the challenged person is the Chief Justice, President of the Chamber or two or more judges of the same Chamber.

2. The Chamber of the Supreme Court concerned, when one of its judges is challenged. For this purpose, the challenge shall not be part of the Chamber.

3. The Chamber provided for in rule 69 if the challenged person is the President of the National High Court, Presidents of the Chamber or more than two judges of a Chamber.

4th The Chamber of the National High Court concerned, when the judges who make up the High Court are challenged, in accordance with article 68 of this Act.

5. The Chamber referred to in article 77 of this Act, when the President of the High Court of Justice, the President of any of its Chambers, the President of the Provincial Court based in the relevant autonomous community or two or more judges of the same Chamber of the High Courts of Justice or two or more judges of the same Section of a Provincial High Court have been challenged. The challengeee may not be a member of the Chamber and may be replaced in accordance with the provisions of this Act.

6. The Chamber of the High Courts of Justice concerned, when one of the judges of the High Courts of Justice is challenged. For this purpose, the challenge shall not be part of the Chamber.

7. When the challenged person is a magistrate of a Provincial High Court, the Provincial High Court, without the challenge being part of it; if the challenge is composed of two or more sections, the Section in which the challengeee is not integrated or the Section that follows in numerical order to which the challengeee is a part.

8. Where the challenged person is a judge, judge, judge or judge of a Court of Instance or of the Central Court of Instance, the Section of the Provincial High Court or Chamber of the High Court of Justice or of the respective National High Court hearing appeals against its decisions, and, if there are several, a shift shall be established beginning with the lower section or chamber.

9. When the defendant is a judge or a justice of the peace, the same investigating judge shall decide on the challenge incident.

Points 8 and 9 are amended by Art. 1.60 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 50 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 228.

1. An order dismissing the challenge shall agree to return to the challenged party the knowledge of the case or case, in the state in which the challengeer is found and shall be ordered to pay the costs, unless exceptional circumstances warrant another decision. Where the decision deciding the incident expressly states that there is bad faith in the challenger, a fine of 180 to 6,000 euros may be imposed on the challenger.

2. An order that considers the challenge shall definitively remove the challengeee from the knowledge of the case or cause. He will continue to know of it until its completion, the one to whom it is appropriate to replace it.

3. No appeal shall be made against the decision of the challenge incident, without prejudice to the appeal against the decision of the suit or case, of the possible nullity of the decision on the grounds that the judge or judge who issued the contested decision, or who joined the relevant Chamber or Section, is present in the contested case.

It is amended by article 51 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

TITLE III

Judicial proceedings

CHAPTER I

Orality, advertising and official language

Article 229.

1. Judicial proceedings shall be predominantly oral, particularly in criminal matters, without prejudice to their documentation.

2. Statements, interrogations, testimonies, face-to-face statements, explorations, reports, ratification of expert opinions and hearings shall be submitted to a judge or court with the presence or intervention, if any, of the parties and in a public hearing, except as provided by law.

3. Such proceedings may be carried out through videoconference or other similar system that allows the two-way and simultaneous communication of image and sound and visual, auditory and verbal interaction between two geographically distant persons or groups of persons, ensuring in any case the possibility of contradiction of the parties and the safeguarding of the right of defence, in accordance with the procedural laws and the law governing the use of technologies in the administration of justice. In such cases, the identity of the persons involved in the videoconference may be accredited by means of identification and electronic signature as determined by law governing the use of technologies in the administration of justice, in compliance with the provisions of the procedural laws.

Paragraph 3 is amended by Art. 1.61 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The reference to "judicial secretaries" in paragraph 3 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by article 52 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3 is added by the single additional provision of Organic Law 13/2003 of 24 October. Ref. BOE-A-2003-19748

Article 230.

1. The courts and tribunals and the public prosecutors ' offices are obliged to use any technical, electronic, computer and telematic means made available to them for the conduct of their activities and the exercise of their functions, subject to the limitations laid down in chapter I bis of this title and the organic rules governing the protection of personal data.

The general or unique instructions for the use of new technologies which the General Council of the Judiciary or the Attorney General's Office directs to judges and magistrates or prosecutors, respectively, determining their use, shall be binding.

2. Documents issued by the above means, whatever their medium, shall enjoy the validity and effectiveness of an original document provided that its authenticity, integrity and compliance with the requirements of the procedural laws are guaranteed.

3. Oral proceedings and hearings recorded and documented in digital media may not be transcribed, except in the cases expressly provided for in the law.

4. Proceedings conducted with computer support shall ensure the identification and exercise of the judicial function by the body exercising it, as well as the confidentiality, privacy and security of personal data contained in the terms established by law.

5. Persons claiming judicial protection of their rights and interests shall be bound by the administration of justice, where this is established in the rules of procedure, by the technical means referred to in paragraph 1 where they are compatible with those available to the courts and tribunals and the guarantees and requirements provided for in the procedure in question are respected.

6. Computer systems used in the Administration of Justice must be compatible with each other to facilitate their communication and integration, as determined by the State Technical Committee of the Administration of Electronic Justice.

The definition and functional validation of the programs and applications will be carried out by the State Technical Committee of the Electronic Justice Administration.

It is amended by article 4 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

It is amended by article 32 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 8.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 231.

1. In all judicial proceedings, judges, magistrates, prosecutors, secretaries and other officials of courts and tribunals shall use Spanish, the official language of the State.

2. Judges, magistrates, prosecutors, secretaries and other officials of courts and tribunals may also use the official language of the Autonomous Community, if neither party objects, alleging ignorance of it that it might produce defencelessness.

3. The parties, their representatives and those who direct them, as well as witnesses and experts, may use the language which is also official in the Autonomous Community in whose territory the judicial proceedings take place, both in oral and written statements.

4. Judicial proceedings and documents submitted in the official language of an Autonomous Community shall have full validity and effectiveness without the need for translation into Spanish. It shall be translated automatically if it is to take effect outside the jurisdiction of the judicial bodies located in the Autonomous Community, except in the case of autonomous communities with a corresponding official language. Translation shall also be carried out when the law so provides or at the request of a party alleging defencelessness.

5. The qualification as an interpreter in oral proceedings or in sign language shall be carried out in accordance with the applicable procedural law.

Paragraph 5 is amended by Art. 3 of Organic Law 5/2015, of 27 April. Ref. BOE-A-2015-4605.

Paragraph 5 is amended by Art. 1.4 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is stated that paragraph 4 is not unconstitutional, in the wording given by Organic Law 16/1984 of 8 November, interpreted in the sense indicated in legal basis 12 of Judgment 105/2000 of 13 April. Ref. BOE-T-2000-9230.

Paragraph 4 is amended by Article 8.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 232.

1. Judicial proceedings shall be public, with the exceptions provided for in the procedural laws.

2. The statement of reasons of the judicial body shall be made public. The Lawyers of the Administration of Justice shall ensure that the competent officials of the Judicial Office publish in a place visible to the public, on the first working day of each week, the list of entries corresponding to their respective judicial body, indicating the date and time of their conclusion, type of action and number of proceedings.

3. Exceptionally, for reasons of public order and protection of rights and freedoms, judges and tribunals may, by reasoned decision, limit the scope of publicity and agree on the secrecy of all or part of the proceedings.

Paragraph 2 is amended and Article 33 of Organic Law 7/2015 of 21 July is added on 3 July. Ref. BOE-A-2015-8167.

Article 233.

The deliberations of the Tribunals are secret. It will also be the result of voting, without prejudice to the provisions of this Law on the publication of private votes.

Article 234.

1. Legal persons of the Administration of Justice and competent officials of the judicial office and of the prosecutor's office shall provide the persons concerned with any information requested on the status of the proceedings, which they may examine and hear, unless they are or have been declared secret or reserved in accordance with the law.

2. The parties and any person who demonstrates a legitimate and direct interest shall have the right to access the information existing in judicial proceedings and to consult, in the manner provided for in the procedural laws and, where appropriate, in the law governing the use of technologies in the Administration of Justice, the documents and documents contained in the records, which are not declared secret or reserved. They shall also have the right to have their testimonies and certificates issued in such cases and through the channels established by the procedural laws.

Paragraph 2 is amended by Art. 1.62 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by final provision 3.1 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is amended by article 34 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 53 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 235.

Access to court decisions, or to certain extremes of them, or to other procedural proceedings, by those who are not parties to the proceedings and who demonstrate a legitimate and direct interest, may be carried out after dissociation, anonymization or other measure of protection of personal data that they contain and with full respect for the right to privacy, the rights of persons requiring a special duty of guardianship or the guarantee of anonymity of victims or injured persons, where appropriate.

It is amended by final provision 3.2 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

Article 235 bis.

1. Access to the personal data contained in the judgements of final convictions is public, when they have been issued in accordance with the offences provided for in the following articles:

(a) The Articles 305, 305 bis and 306 of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

(b) The Articles 257 and 258 of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code, when the creditor defrauded would have been the Public Treasury.

(c) The Article 2 of Organic Law 12/1995 of 12 December 1995, of Suppression of Contraband, provided that there is a prejudice to the State Treasury or the European Union.

2. In the cases referred to in the preceding paragraph, the Board of Appeal of the Administration of Justice shall issue a certificate stating the following:

(a) Those that permit the identification of the judicial process.

(b) Name and surname of the convicted person and, where applicable, of the person responsible for the offence.

(c) An offence for which he was convicted.

(d) The penalties imposed.

(e) The amount corresponding to the damage caused to the Public Treasury by all the concepts, as set out in the judgment.

By means of an order, the Lawyer of the Administration of Justice shall order its publication in the Official Gazette of the State.

3. The provisions of this article shall not apply in the event that the convicted person or, where appropriate, the civil officer, has satisfied or entered in the account of deposits and appropriations of the competent judicial body the full amount corresponding to the damage caused to the Public Treasury by all concepts, prior to the finality of the judgment.

It is amended by final provision 3.3 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 35 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 235 ter.

1. Access to the personal data contained in the judgements of final convictions is public, when they have been issued in accordance with the offences provided for in the following articles:

(a) The Articles 305, 305 bis and 306 of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

(b) The Articles 257 and 258 of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code, when the creditor defrauded would have been the Public Treasury.

(c) The Article 2 of Organic Law 12/1995 of 12 December 1995, of Suppression of Contraband, provided that there is a prejudice to the State Treasury or the European Union.

2. In the cases referred to in the preceding paragraph, the Board of Appeal of the Administration of Justice shall issue a certificate stating the following:

(a) Those that permit the identification of the judicial process.

(b) Name and surname of the convicted person and, where applicable, of the person responsible for the offence.

(c) An offence for which he was convicted.

(d) The penalties imposed.

(e) The amount corresponding to the damage caused to the Public Treasury by all the concepts, as set out in the judgment.

By means of an order the Lawyer of the Administration of Justice shall order its publication in the "Official Gazette of the State".

3. The provisions of this article shall not apply in the event that the convicted person or, where appropriate, the civil officer, has satisfied or entered in the account of deposits and appropriations of the competent judicial body the full amount corresponding to the damage caused to the Public Treasury by all concepts, prior to the finality of the judgment.

It is added by the unique article of the Organic Law 10/2015, of 10 September. Ref. BOE-A-2015-9768.

Please note that the references to the "Judicial Secretary" in paragraph 2 shall be understood as being made to the "Legal Service of Justice" in accordance with additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Text added, published on 11/09/2015, in force from 11/11/2015.

Article 236.

The publicity of the edicts will be carried out through the Single Judicial Edict Tablon, in the manner in which it is regulated, including the data strictly necessary to fulfill its purpose.

It is amended by final provision 3.4 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

Paragraph 1 is amended by Article 5 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

The second subparagraph is added to paragraph 1 by Article 2.10 Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

CHAPTER I bis

Protection of personal data in the field of the administration of justice

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 bis.

1. The processing of personal data may be carried out for judicial or non-judicial purposes. The processing of the data incorporated into the proceedings for the purpose of carrying out the judicial activity shall be for jurisdictional purposes.

2. The processing of personal data in the Administration of Justice shall be carried out by the competent body and, within it, by those who have the competence conferred by the current regulations.

It is amended by final provision 3.5 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 ter.

1. The processing of personal data carried out during the processing by judicial and prosecutorial bodies of the processes for which they are competent, as well as that carried out within the management of the judicial and prosecutorial offices, shall be governed by the provisions of the Regulation (EU) 2016/679, Organic Law 3/2018 and its implementing rules, without prejudice to the specialities established in this Chapter and in the procedural laws.

2. In criminal proceedings, the processing of personal data by courts and public prosecutors’ offices in cases, investigative proceedings or files within their competence, and in the management of court and prosecution offices, shall be governed by the Organic Law on the Protection of Personal Data treaties for the purpose of preventing, detecting, investigating or prosecuting criminal offences and the enforcement of criminal sanctions, without prejudice to the specialities established in this Chapter and in the procedural laws and, where appropriate, in the Law 50/198 of 30 December 1981regulating the Organic Statute of the Public Prosecutor ' s Office.

3. The consent of the data subject shall not be necessary for the processing of personal data in the course of judicial activity, whether provided by the parties or collected at the request of the competent bodies, without prejudice to the procedural rules for the validity of the evidence.

It is amended by final provision 3.6 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 quater.

Where processing for non-judicial purposes is carried out, the provisions of Regulation (EU) 2016/679, Organic Law 3/2018 and its development regulations.

It is amended by final provision 3.7 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 quinquies.

1. Decisions and procedural proceedings shall contain personal data that are adequate, relevant and limited to what is necessary in relation to the purposes for which they are treated, in particular to ensure the right to effective judicial protection, without, in any case, being defenceless.

2. Judges, prosecutors and lawyers of the administration of justice may, in accordance with their powers, take such measures as may be necessary for the deletion of personal data from decisions and documents accessible to the parties during the proceedings, provided that they are not necessary to guarantee the right to effective judicial protection, without, in any case, being defenceless.

3. The personal data that the parties know through the process must be processed by them in accordance with the general data protection regulations. This obligation is also incumbent on professionals representing and assisting the parties, as well as on any other involved in the proceedings.

4. The competent bodies of the General Council of the Judiciary, the Office of the Attorney-General of the State and the Ministry of Justice shall be informed, as appropriate, of the data processed for judicial purposes which are strictly necessary for the exercise of the inspection and control functions set out in this Act and its implementing regulations. Data processed for non-jurisdictional purposes should also be provided where this is justified by the lodging of an appeal or is necessary for the exercise of the powers they have legally conferred.

5. The Communications Offices established by this Law, in the exercise of their functions of institutional communication, shall ensure respect for the fundamental right to the protection of personal data of those who have intervened in the procedure in question. In order to fulfil their purpose, they may collect the necessary data from the competent authorities.

6. The lawyers of the Administration of Justice shall provide to the Attorney General of the State any personal data, information and documents required for the performance of the representation and defence of the Kingdom of Spain before the European Court of Human Rights and other international bodies in the field of the protection of human rights, in particular before the United Nations Committee. For this purpose, the mechanisms for communication with the Office of the Attorney-General of the State, through its competent units, shall also be established.

It is amended by final provision 3.8 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 sexies.

1. The competent authority shall provide the appropriate technological means for the processing of personal data in accordance with the laws and regulations.

2. The competent administration shall fulfil the responsibilities for the processing and protection of personal data assigned to it as a benefit administration.

3. Appropriate organisational measures should be taken to ensure that the judicial and prosecutorial offices carry out the proper processing of personal data. The Ministry of Justice shall, in the light of a report from the General Council of the Judiciary and, where appropriate, the Office of the Attorney-General of the State, draw up and update codes of conduct designed to contribute to the proper application of the rules on the protection of personal data in the Office of the Prosecutor and the principles of the general rules of procedure and the organization of the Office of the Prosecutor.

4. The Ministry of Justice and the Autonomous Communities with competence in this field, within the policies of support to the Administration of Justice and development of the electronic management of procedures, may process non-personal data for the exercise of their public management powers, including the development and implementation of automatic documentary classification systems aimed at procedural processing, with compliance with applicable rules of interoperability, security and data protection.

It is amended by final provision 3.9 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 septies.

1. In relation to the processing of personal data for jurisdictional purposes, the rights of information, access, rectification, deletion, opposition and limitation shall be processed in accordance with the rules applicable to the process in which the data were collected. These rights must be exercised before the judicial bodies, public prosecutors ' offices or judicial offices in which the proceedings are conducted, and petitions must be resolved by those with the competence conferred on them by the organizational and procedural regulations.

2. In any event, access to data processed for judicial purposes shall be refused where the procedural proceedings in which the information has been collected are or have been declared secret or reserved.

3. In relation to the processing of personal data for non-jurisdictional purposes, the data subjects may exercise the rights of information, access, rectification, deletion, opposition and limitation in accordance with the terms set out in the general data protection regulations.

It is amended by final provision 3.10 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 octies.

1. The following functions shall be performed by the General Council of the Judiciary and the Office of the Attorney-General within the scope of their respective powers in respect of processing operations carried out for judicial purposes by the courts, tribunals, prosecutors and the judicial and prosecutorial offices:

(a) To monitor compliance with the regulations on the protection of personal data by carrying out the inspection work provided for in this Act and the Organic Statute of the Public Prosecutor ' s Office.

(b) To promote awareness among professionals in the administration of justice and their understanding of risks, standards, guarantees, rights and obligations in relation to treatment.

(c) To issue a report on codes of conduct designed to contribute to the correct application of personal data protection rules in the judicial and prosecutorial offices.

(d) Upon request, provide information to any interested party regarding the exercise of his rights in the field of data protection.

(e) To process and respond to complaints submitted by an interested party or by associations, organizations and entities that have the procedural capacity or legitimacy to defend collective interests, in terms determined by the implementing laws to the process in which the data were collected. The claimant shall be informed of the course and outcome of the claim within a reasonable time, upon investigation if deemed necessary.

2. Data processing for non-jurisdictional purposes shall be subject to the competence of the Spanish Data Protection Agency, which shall also monitor compliance with those processing that do not fall within the competence of the authorities referred to in the preceding paragraph.

3. The General Council of the Judiciary, the Office of the Attorney General of the State and the Spanish Agency for the Protection of Data shall cooperate in order to ensure the proper exercise of the respective powers conferred upon them by this Organic Law in the field of the protection of personal data in the field of the Administration of Justice.

4. Where the competent authorities referred to in the preceding paragraphs, when carrying out investigative actions relating to the possible commission of an infringement of data protection rules, assess the existence of evidence which would involve the competence of another authority, they shall immediately forward the latter to continue the proceedings.

It is amended by final provision 3.11 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 nonies.

The powers of the General Council of the Judiciary as the data protection authority with regard to the processing of data for judicial purposes by the courts shall be exercised by the Monitoring and Control Committee for Data Protection provided for in Article 610 ter. In the performance of its duties, the Commission shall be supported and assisted by the Directorate for Monitoring and Control of Data Protection, as provided for in Article 620a.

It is amended by art. 1.63 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Take into account for its application transitional provision 15 of the above-mentioned organic law.

It is amended by final provision 3.12 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 236 decies.

1. The processing of data carried out by the General Council of the Judiciary and the Office of the Attorney-General of the State in the exercise of their powers shall be subject to the provisions of the legislation in force concerning the protection of personal data. In no case shall such treatment be considered for judicial purposes.

2. The processing of personal data by the General Council of the Judiciary and its constituent bodies shall be authorized by agreement of the General Council of the Judiciary, on a proposal from the General Secretariat, which shall be responsible for the processing of such data.

3. The processing of personal data of the Office of the Attorney General of the State shall be authorized in accordance with the Organic Statute of the Office of the Prosecutor and the Instructions issued in this regard.

It is amended by final provision 3.13 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

It is added by article 36 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

CHAPTER II

The procedural impulse

Article 237.

Unless otherwise provided by law, the proceedings shall be heard on their own motion and the necessary decisions shall be issued for that purpose.

It is amended by article 54 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER III

Annulment of judicial acts

Article 238.

The procedural acts shall be null and void in the following cases:

1. When they occur by or before a court with no jurisdiction or objective or functional competence.

2. When they are carried out under violence or intimidation.

3. Where essential rules of procedure are dispensed with, provided that defencelessness may have occurred for that reason.

4. When performed without the intervention of a lawyer, in cases where the law establishes it as mandatory.

5.o When hearings are held without the requisite intervention of the lawyer of the Administration of Justice.

6.o In other cases where procedural laws so provide.

The reference to the "Judicial Secretary" in point 5 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 55 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 239.

1. Courts whose actions have occurred with intimidation or violence, as soon as they are free from it, shall declare null and void all practices and shall promote the formation of cases against the guilty parties, bringing the facts to the attention of the Public Prosecutor.

2. The acts of the parties or persons involved in the proceedings shall also be declared null and void if it is established that they occurred under intimidation or violence.

The nullity of these acts shall entail that of all other acts connected with it or which may have been substantially conditioned or influenced by the null act.

It is amended by article 56 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 240.

1. In any event, nullity of full rights and procedural defects in procedural acts which entail the absence of the conditions necessary to achieve their purpose or determine effective defencelessness shall be invoked by means of legal remedies established against the decision in question, or by other means established by the procedural laws.

2. Without prejudice to this, the court or tribunal may, on its own motion or at the request of a party, before a decision has been taken to terminate the proceedings, and provided that no remedy is required, declare, after hearing the parties, the nullity of all proceedings or of any particular proceedings.

In no case may the court or tribunal, on appeal, decide ex officio to render null and void any proceedings which have not been requested in such an appeal, unless it finds that there is no jurisdiction or objective or functional jurisdiction or that there has been violence or intimidation affecting that court.

It is amended by article 57 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraphs 3 and 4 are amended by Article 2 of Organic Law 13/1999, of 14 May. Ref. BOE-A-1999-10902

The single transitional provision should be taken into account as regards the application of this amendment.

Paragraph 2 is amended and paragraphs 3 and 4 are added by Article 1 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Take into account the application of this amendment in transitional provision 1.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 241.

1. Incidents of nullity of proceedings shall not be generally admitted. However, exceptionally, those who are or should have been legitimate parties may request in writing that proceedings based on any infringement of a fundamental right referred to in the Article 53.2 of the Constitutionprovided that it has not been possible to denounce it before a decision is taken to put an end to the proceedings and provided that such a decision is not subject to ordinary or extraordinary appeal.

The same court or tribunal that issued the decision that has become final shall have jurisdiction to deal with this incident. The time limit for seeking annulment shall be 20 days from the date of notification of the decision or, in any event, from the date of knowledge of the defect causing defencelessness, without the latter being able to apply for annulment of proceedings after five years after the notification of the decision.

The court or tribunal shall not, by a succinctly reasoned order, take action against any incident in which it intends to raise other issues. There shall be no appeal against the decision refusing to proceed.

2. The application for annulment based on the defects referred to in the preceding paragraph of this Article shall not be dismissed and the effectiveness of the irrevocable judgment or decision shall not be suspended, unless the suspension is expressly agreed to prevent the incident from losing its purpose, and the application shall be transmitted together with a copy of the documents accompanying it, where appropriate, to prove the defect or defect in which the application is based, to the other parties, who may, within a common period of five days, make their submissions in writing, accompanied by the documents deemed relevant.

If the nullity is found, the proceedings shall be reinstated to the state immediately preceding the defect that caused it and the procedure established by law shall be followed. If the application for annulment is rejected, the applicant shall be ordered to pay all the costs of the incident and, if the court considers that it was promoted recklessly, it shall also be liable to a fine of 90 to 600 euros.

There shall be no appeal against the decision resolving the incident.

The first subparagraph of paragraph 1 is amended by final provision 1 of Organic Law 6/2007 of 24 May. Ref. BOE-A-2007-10483.

It is amended by article 58 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 242.

Proceedings conducted outside the prescribed time period may be annulled only if the nature of the term or period imposes it.

It is amended by article 59 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 243.

1. The invalidity of an act shall not imply that of successive acts which are independent of that act or of those whose content has remained unchanged even without the infringement which led to the invalidity having been committed.

2. The partial invalidity of an act shall not imply that of the parties to the act independent of the act declared invalid.

3. The court or tribunal shall ensure that any defects in the procedural acts of the parties may be remedied, provided that such acts have shown a willingness to comply with the requirements of the law.

4. Acts of parties lacking the requirements of the law shall be subject to the conditions and time limits laid down in the procedural laws.

It is amended by article 60 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER IV

Judicial decisions

Article 244.

1. The decisions of the Courts, when they are not constituted in a Chamber of Justice, those of the Governing Chambers and those of the Judges and Presidents when they are in a governmental capacity, shall be called agreements.

2. The same name shall be given to warnings and corrections which, on the basis of their fall to persons subject to disciplinary jurisdiction, are imposed on judgements or other judicial acts.

Article 245.

1. Decisions of judges and tribunals having a jurisdictional character shall be referred to as:

(a) Providences, when they are aimed at materially managing the process.

(b) Orders, when they decide to appeal orders, incidental matters, procedural assumptions, nullity of proceedings or when, under the laws of prosecution, they must take this form.

(c) Judgments, when they decide definitively the case or case in any instance or remedy, or if, according to the procedural laws, they must take this form.

2. Sentences may be pronounced with a strong voice when authorized by law.

3. The final sentences are those against which no appeal can be made, except for review or other extraordinary ones established by law.

4. The public and solemn document containing a final judgement is called enforceable. Executors will be headed in the name of the King.

Paragraph 1(c) was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 246.

(Deleted)

It is deleted by article 6 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Article 247.

Judicial decisions that are made orally and have to be documented in the record in oral trials, hearings of lawsuits or cases and other solemn acts shall include the necessary substantiation.

Article 248.

1. In all court decisions, the Court must indicate that they are issued, with the expression of the judges, judges, magistrates or magistrates who make up the Court, and, where appropriate, indicate the name of the rapporteur when the Court is collegial.

2. The wording of the orders shall be limited to the determination of the order and of the judge, judge or court that orders them, with no basis or additions other than the date on which they are agreed. They may, however, be succinctly reasoned when the law so provides or if the person who has to dictate them deems it appropriate.

3. The orders shall always be reasoned and shall contain in separate paragraphs and numbered the factual background and the legal basis on which the subsequent operative part or judgement is based.

4. Judgements shall be made by expressing, after a chapeau, in separate and numbered paragraphs, the factual background, facts proved, if any, the legal basis and, finally, the judgement.

5. All court decisions shall be signed by the judge, judge, magistrate or judge who issues them. In the case of orders issued by Chambers of Justice, the signature of the rapporteur(s) shall suffice.

6. Any decision shall include, in addition to the mention of the place and date on which it is taken, whether it is final or whether there is a remedy against it, including, in the latter case, the appropriate remedy, the body to which it is to be brought and the time limit for appealing and, where appropriate, the need for deposit of claims. When notifying the parties of the decision, it shall be indicated whether or not the decision is final and, where appropriate, whether the relevant remedies are indicated.

It is amended by art. 1.64 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

CHAPTER V

Hearing, voting and ruling

Article 249.

The hearings of cases shall be indicated on the order of their conclusion, unless otherwise provided by law.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 250.

The Presidents of the Chamber and of the Section shall be responsible for marking the hearings or equivalent proceedings and for the commencement of the oral proceedings.

Article 251.

1. The Judge or the rapporteur shall have at his disposal orders to issue a decision or decision on incidents or appeals.

2. The President and the Judges may review the case at any time.

Article 252.

1. After hearing the motions, lawsuits or cases or from the day indicated for voting and ruling, any of the Judges may request them for consideration.

2. Where several requests are made, the person who presides over the period of time to be allowed to each of them shall fix so that the judgements may be delivered within the time specified for that purpose.

Article 253.

Orders and sentences shall be debated and voted upon immediately after the hearings and, where this cannot be done, the President shall indicate the day on which they are to be voted, within the time limit set for the delivery of the decision.

Article 254.

1. The vote, in the opinion of the President, may take place separately on the various legal or factual pronouncements to be made, or part of the decision to be taken.

2. The rapporteur shall first vote and then the other judges shall vote in reverse order of their seniority. The president will vote the last.

3. The vote shall begin only in the event of force majeure.

Article 255.

1. Orders and sentences shall be issued by an absolute majority of votes, unless the law expressly indicates a higher proportion.

2. In no case may a certain number of conforming votes be required to alter the rule of majority.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 256.

Where a judge or judge is transferred or retired, he shall deliberate, vote, draw up and sign the judgements, as appropriate, in the proceedings before him or her and which have not yet been decided, unless the case is incompatible or the judgment is annulled for another reason.

It is amended by art. 4.13 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 257.

1. If, after the hearing and before the vote, a judge becomes impossible and cannot attend the event, he shall give a well-founded and signed vote and forward it directly to the President.

2. If he cannot write or sign, he shall issue it before a Chamber Registrar.

3. The vote thus cast shall be joined to the others and shall be retained, initialled by the presiding officer, with the book of judgments.

4. Where the disabled person is unable to vote, even in this way, the case or cause shall be voted upon by the undisabled persons who have attended the hearing and, if there is any evidence to form a majority, they shall render a judgement.

Article 258.

If there are not enough votes to constitute the majority required by article 255, the matter shall be re-examined, the disabled person being replaced, separated or suspended in the manner provided for in this Act.

Article 259.

Judgments shall be signed by the judge or by all judges who are not prevented within the prescribed time limit for their delivery.

Article 260.

1. Anyone who takes part in the vote on a final judgment or order shall sign the agreement, even if he has disagreed with the majority; but in this case, by announcing it at the time of the vote or at the time of signature, he may cast a particular vote, in the form of a judgment, in which, by reference, the points of fact and the grounds of law of the decision of the Court with which he is in conformity may be accepted.

2. The individual vote, with the signature of the author, shall be incorporated into the book of sentences and notified to the parties together with the majority judgement. Where, in accordance with the law, the publication of the judgment is mandatory, the particular opinion, if any, shall be published next to it.

3. A particular opinion may also be expressed, subject to the provisions of the preceding paragraph, where applicable, in respect of decision-making decisions of incidents.

Article 261.

If, after a court case has been decided, a judge of those who voted and could not sign is prevented, the presiding judge shall do so for him, expressing the name of the one for whom he signs and then the words ‘vote in the Chamber and could not sign’.

Article 262.

1. When the vote on a sentence or order does not result in a majority of votes on any of the legal or factual pronouncements to be made, the points on which the voters have disagreed shall be discussed again and voted on.

2. If no agreement is reached, the discord shall be resolved by holding a new hearing, with judges attending the first hearing, two more increasing, if the number of the discordants had been odd, and three in the event of being even. The President of the Chamber shall be present for this purpose, first, if he has not already attended; secondly, the judges of the same Chamber who have not seen the case; thirdly, the President of the Court; and finally, the judges of the other Chambers, preferably those of the same court order.

Article 263.

1. The presiding officer of the Chamber of Discord shall mark the hearings of discord and appropriate appointments.

2. If, in the vote on a judgement or order by the Chamber of Discord or, where appropriate, by the plenary of the Chamber, no majority on the points of disagreement is also held, a further vote shall be taken, subject only to the two opinions obtained by the Chamber which obtained the greatest number of votes in the preceding one.

Article 264.

1. The Judges of the various Sections of the same Chamber shall meet for the unification of criteria and the coordination of procedural practices, especially in cases where the Judges of the various Sections of the same Chamber or Tribunal maintain in their decisions a variety of interpretative criteria in the application of the law in substantially equal matters. For that purpose, the President of the respective Chamber or Court, either on his own initiative or at the request of a majority of its members, shall convene a full court to hear one or more of those cases in order to unify the criterion.

2. This plenary session shall be attended by all judges of the relevant Chamber who are heard by division on the matter in which the discrepancy has been revealed.

3. In any event, the independence of the Sections for the prosecution and resolution of the various proceedings before them will be safeguarded, but they will have to explain why they depart from the agreed approach.

4. The Board of Judges and Section Judges of a Court of Instance may meet for the examination and evaluation of criteria when judges, judges and judges who make up the Court maintain in their decisions a variety of interpretative criteria in the application of the law in substantially equal cases.

In any event, the independence of the judges, judges, magistrates and magistrates for the prosecution and resolution of the various proceedings before them will be safeguarded.

Paragraph 4 is added by Art. 1.65 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article the sole Article, point 37 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 265.

In each court or tribunal, a book of judgements shall be kept in the custody of the respective legal counsel of the Administration of Justice, including all final orders of the same character, signed, as well as the individual votes that have been formulated, which shall be ordered accordingly according to their date. Where proceedings are conducted through an electronic procedural management system, it shall automatically generate, without the need for the intervention of the lawyer of the Administration of Justice, a file containing the judgements and orders numbered by the order in which they were signed.

It is amended by article 7 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

Article 266.

1. Judgments, once issued and signed by the judge or by all the judges who issued them, shall be deposited with the judicial office and any interested party shall be allowed access to the text thereof.

Access to, or at certain extremes of, the text of sentences may be restricted where it may affect the right to privacy, the rights of persons requiring a special duty of guardianship or the guarantee of anonymity of victims or injured persons, where appropriate, and, generally, to prevent the use of sentences for purposes contrary to the law.

2. The clerks shall place in the indictments the literal certification of the judgment.

It is amended by article 61 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 267.

1. The courts may not vary the decisions they make after they are signed, but they may clarify some obscure concept and rectify any material error they suffer.

2. The clarifications referred to in the preceding paragraph may be made ex officio within two working days of the publication of the decision, or at the request of a party or the Public Prosecutor's Office made within the same period, and in this case the court shall decide within three days of the submission of the letter requesting the clarification.

3. The manifest material errors and arithmetical errors in which court decisions are made may be rectified at any time.

4. Any omissions or defects which may result in judgments and orders and which need to be remedied in order to bring them into full effect may be remedied by order within the same time limits and by the same procedure as provided for in the preceding paragraph.

5. In the case of judgments or orders which have manifestly omitted statements relating to claims that have been duly deducted and substantiated in the proceedings, the court shall, at the written request of a party within five days of notification of the decision, upon transmission of such a request to the other parties, for further five days, issue an order by which it shall decide to complete the decision with the decision omitted or not to have been completed.

6. If the court finds, in the judgments or orders it makes, the omissions referred to in the preceding paragraph, it may, within five days from the date on which they are delivered, proceed ex officio, by order, to complete its decision, but without amending or rectifying what it has agreed.

7. Similarly to the provisions set out in the preceding paragraphs, proceedings shall be taken by the Legal Counsel of the Administration of Justice when it is necessary to clarify, rectify, correct or supplement the decrees it has issued.

8. There shall be no appeal against the orders or decrees in which it is decided on the clarification, rectification, correction or supplementation referred to in the preceding paragraphs of this article, without prejudice to any appeals which may be brought, where appropriate, against the judgment, order or decree to which the application or action of the Court or the Legal Aid Service relates.

9. The time limits for appeals against the decision in question shall be interrupted upon request for clarification, correction, correction or supplementation and, in any event, shall begin to be counted from the day following notification of the order or decree recognizing or refusing to grant or to refuse to remedy the decision.

The references to "judicial secretaries" in paragraphs 7 and 8 are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 7 and 8 are amended and paragraph 9 is added by Art. 1.5 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 62 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER VI

From the place where the proceedings are to be conducted

Article 268.

1. Proceedings shall be conducted at the seat of the court.

2. Notwithstanding the provisions of the preceding paragraph, courts and tribunals may be established anywhere within their territory for the practice of such courts, where necessary or appropriate for the proper administration of justice.

Article 269.

1. Courts and tribunals may hold trials or hearings of matters outside the population of their headquarters only when authorized by law.

2. However, the General Council of the Judiciary, when the circumstances or good service of the administration of justice so advise, and at the request of the Governing Chambers of the High Courts, may order that the Courts and the Sections or Chambers of the Courts or Hearings be constituted as a population other than their headquarters to deal with matters relating to a particular territorial area within their constituency.

3. Likewise, the Governing Chambers of the High Courts of Justice, having determined the number of cases justifying the transfer of the Courts away from their headquarters and provided that their transfer is justified by a better administration of justice, shall provide that the Criminal Judges, assisted by the Legal Counsel of the Administration of Justice, shall be constituted to conduct oral trials in the cities where the Courts which have tried the cases before them are based. In such cases, the investigating courts and the officials who serve in them shall cooperate as necessary.

It is amended by article the sole Article, point 38 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 3 is added by Art. 3.6 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

CHAPTER VII

Notifications

Article 270.

Decisions handed down by judges and tribunals, as well as by counsel of the Administration of Justice in the exercise of their functions, shall be notified to all those who are parties to the proceedings, cases or cases, and also to those who refer or may cause injury, when expressly provided for in those decisions, in accordance with the law.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 63 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 271.

The acts of communication shall be carried out by electronic means when the subjects involved in a proceeding are obliged to use the existing telematic or electronic systems in the Administration of Justice in accordance with and in the manner determined by the procedural laws.

Where the subjects involved in a proceeding are not obliged to use electronic means, or where the use of electronic means is not possible, the acts of communication may be carried out by any other means that allows the record of their practice and of the essential circumstances of the practice as determined by the procedural laws.

It is amended by article 8 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Article 272.

A place of notification may be established common to the various courts and tribunals of the same population, even if they are of different judicial order. In this case, the College of Attorneys will organise a service to receive notifications that could not be made in that common place because of the failure of the procurator to be notified. The receipt of notification by this service will have full effect.

It is amended by article 64 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended and Article 4 is added. 8.4 and 5 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

CHAPTER VIII

Judicial cooperation

Article 273.

Judges and tribunals shall cooperate and assist each other in the exercise of their judicial function.

Article 274.

1. Judicial cooperation shall be sought where proceedings are to be conducted outside the area of the court or tribunal which ordered them or which falls within the specific competence of another court or tribunal.

2. The request for cooperation, whatever the court or tribunal to which it is addressed, shall always be made directly, without giving rise to transfers or reproductions through intermediate bodies.

Article 275.

However, the Judges may carry out any criminal investigation proceedings in place not within the territory of their jurisdiction, where the latter is close to them and this is desirable, giving immediate notice to the competent Judge. Judges and courts of other judicial orders may also conduct investigative or evidentiary proceedings outside the territory of their jurisdiction where the competence of the relevant judge is not prejudiced and is justified on grounds of procedural economy.

Article 276.

Requests for international cooperation shall be dealt with in accordance with the provisions of international treaties, European Union rules and applicable Spanish laws.

It is amended by article 39 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 277.

The Spanish courts and tribunals shall provide the foreign judicial authorities with the cooperation requested of them to carry out their judicial function, in accordance with the provisions of the international treaties and conventions to which Spain is a party, the rules of the European Union and the Spanish laws on this subject.

It is amended by article 40 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 278.

1. The provision of international cooperation shall be denied only by the Spanish courts and tribunals:

1. Where the object or purpose of the cooperation sought is manifestly contrary to public policy.

2. When the process of the request for cooperation is decided by the exclusive competence of the Spanish jurisdiction.

3. When the content of the act to be performed does not correspond to the powers of the requested Spanish judicial authority. In such a case, the latter shall forward the request to the competent judicial authority, informing the requesting judicial authority thereof.

4. Where the request for international cooperation does not meet the minimum content and requirements required by law for its processing.

It is amended by article the sole Article, point 41 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

TITLE IV

Public faith in the judiciary and documentation

It is repealed by the single derogation provision.b) of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 279 a 291.

(Repealed)

They are repealed by the single derogation provision.b) of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

TITLE V

The State's patrimonial responsibility for the functioning of the Administration of Justice

Article 292.

1. Damage to any property or rights caused by judicial error, as well as damage caused by the abnormal functioning of the Administration of Justice, shall give all injured persons the right to compensation by the State, except in cases of force majeure, in accordance with the provisions of this Title.

2. In any event, the alleged damage must be effective, economically assessable and individualized in relation to a person or group of persons.

3. The mere revocation or annulment of court decisions does not in itself presuppose the right to compensation.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 293.

1. The claim for compensation for error must be preceded by a court decision expressly recognizing it. This decision may be made directly by a judgment issued on the basis of an appeal for review. In any other case, the following rules shall apply:

(a) The judicial action for the recognition of the error must be instituted inexcusably within three months, from the day on which it could be exercised.

(b) The claim for a declaration of error shall be deduced before the Supreme Court Chamber corresponding to the same court order as the body to which the error is imputed, and if the error is attributed to a Chamber or Section of the Supreme Court, the jurisdiction shall lie with the Chamber established by article 61. In the case of organs of military jurisdiction, jurisdiction shall be vested in the Fifth Military Chamber of the Supreme Court.

(c) The procedure for substantiating the claim shall be the same as that of the appeal for review in civil matters, in any event the Public Prosecutor ' s Office and the State Administration being parties.

(d) The Court shall, without further appeal within fifteen days, issue a final judgment with a preliminary report from the court to which the error is attributed.

(e) If the error is not appreciated, the costs shall be imposed on the petitioner.

(f) A declaration of error shall not be made against the court decision against which the remedy provided for in the law has not been exhausted in advance.

(g) The mere request for a declaration of error shall not prevent the execution of the judicial decision to which it is imputed.

2. In the event of a miscarriage of justice as well as damage caused by the abnormal functioning of the Administration of Justice, the person concerned shall address his or her claim for compensation directly to the Ministry of Justice, which shall be treated in accordance with the rules governing the State's liability for property. The decision will be subject to a contentious administrative appeal. The right to claim compensation shall be prescribed annually from the day on which it was exercised.

The final subparagraph of paragraph 1(b) is amended by additional provision 7 of Organic Law 4/1987 of 15 July. Ref. BOE-A-1987-16791

Article 294.

1. They shall be entitled to compensation if, after being held in custody, they are acquitted for the absence of the act charged o for the same cause has been ordered to dismiss him free of charge, provided that he has been harmed.

2. The amount of compensation shall be determined according to the length of deprivation of liberty and the personal and family consequences that have occurred.

3. The request for compensation shall be dealt with in accordance with paragraph 2 of the preceding Article.

The points highlighted in paragraph 1 are declared unconstitutional and null by judgment of TC 85/2019 of 19 June. Ref. BOE-A-2019-10913

Article 295.

In no case shall compensation be awarded where the miscarriage of justice or the abnormal functioning of the services caused the wrongful or culpable conduct of the injured party.

Article 296.

1. The damage caused by judges and magistrates in the exercise of their functions shall, where appropriate, give rise to the responsibility of the State for judicial error or for the abnormal functioning of the administration of justice without, in any case, the injured parties being able to address themselves directly against them.

2. If the damage is caused by the offence or serious fault of the judge or magistrate, the General Administration of the State, after the compensation has been paid to the injured party, may, through administrative means through the regulatory procedure established, require the responsible judge or magistrate to reimburse the payment without prejudice to the disciplinary liability in which the injured party may incur, in accordance with the provisions of this Law.

The serious offence or guilt of the judge may be recognized in a judgement or in a decision handed down by the General Council of the Judiciary in accordance with the procedure to be determined by the judge. The following criteria shall be considered for the requirement of such liability: the harmful result and the existence or non-intentionality.

It is amended by article 42 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 297.

(Deleted)

It is deleted by article only.43 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

BOOK IV

OF JUDGES AND MAGISTRATES

TITLE I

Judicial career and the provision of destinations

CHAPTER I

Judicial career

Article 298.

1. Judicial functions in judicial organs of any order regulated by this law shall be exercised only by judges, judges, magistrates and professional judges, who form the judicial profession.

2. They also exercise judicial functions without belonging to the judicial career, subject to the regime established by this law and with temporary immobility, judges and alternate judges, who serve as substitute judges and substitute judges, as well as justices of the peace and their substitutes.

It is amended by art. 1.66 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 65 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 299.

1. The judicial career consists of three categories:

– Judge of the Supreme Court.

– Magistrate.

- Judge.

2. The judges of the Supreme Court, without prejudice to their membership in the judicial career, shall have the special status regulated by this Organic Law.

3. Only those who actually exercise judicial functions as members of the Supreme Court shall acquire the status of Judge of the Supreme Court.

Paragraphs 2 and 3 are added and the existing content is numbered as paragraph 1 by Art. 5.2 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Article 300.

The General Council of the Judiciary shall approve, for a maximum period of three years and for shorter periods where necessary, the ranking of the judicial career, which shall be published in the Official Gazette of the State, and shall include such personal and professional data as may be established by regulation.

CHAPTER II

Admission and promotion in the judicial career

Article 301.

1. Admission to the judicial career shall be based on the principles of merit and capacity for the exercise of the judicial function.

2. The selection process for entry into the judicial career shall ensure, with objectivity and transparency, equal access to it for all citizens who have the necessary qualifications and qualifications, as well as the suitability and professional adequacy of the persons selected for the exercise of the judicial function.

3. Admission to the judicial career by the category of judge will take place through the passing of free opposition and a theoretical and practical course of selection conducted in the Judicial School.

4. The call for admission to the judicial career, which will be made in conjunction with the one for admission to the fiscal career, will include all vacancies at the time of the judicial career and an additional number that will cover those that are likely to occur until the next call.

The candidates approved, according to the places called, shall, according to the order of the score obtained, opt for one or another career within the time limit to be set by the Selection Commission.

5. They will also enter the judicial career by the rank of Supreme Court judge, or as magistrates, lawyers with recognized competence in the cases, form and proportion respectively established by law. Those seeking admission to the judicial profession as a judge will also need to complete a training course at the Judicial School.

6. In all cases, it will be required not to be involved in any of the causes of incapacity and incompatibility established by this law and not to have the retirement age in the judicial career or to reach it for the maximum time legally and regulatoryly foreseen for the duration of the selective process, until the taking of office including, if applicable, the course of selection in the judicial school.

7. The Ministry of Justice, in collaboration with the competent autonomous communities, may, where appropriate, request the General Council of the Judiciary to call for competitive examinations, competitions and selective tests of promotion and specialization necessary for the filling of vacancies in the judicial career.

The same powers as the Ministry of Justice shall be exercised by the autonomous communities with competence in this field.

8. A quota of not less than five per cent of vacancies will also be reserved for persons with disabilities to be filled to a degree equal to or greater than 33 per cent, provided that they pass selective tests and demonstrate the degree of disability and compatibility for the performance of the corresponding functions and tasks in a manner to be determined by regulation. The entry of persons with disabilities into the judicial and prosecutorial careers shall be based on the principles of equal opportunities, non-discrimination and compensation for disadvantages, where appropriate, by adapting selective proceedings to the special needs and uniqueness of such persons, through reasonable adjustments and adjustments of time and means in the selective proceedings.

Moreover, once these processes have been completed, reasonable adjustments and adjustments shall be made to the needs of persons with disabilities of any kind in the workplace and in the working environment of the public establishment or unit where they operate.

Paragraph 8 is amended by article 44 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 66 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraphs 2 and 3 are amended by Art. 1.1 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 1.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Take into account the application of paragraph 5, transitional provision 4.

Article 302.

In order to attend the opposition free of access to the Judicial School, it is necessary to be Spanish, of legal age and with a degree in law, as well as not to be involved in any of the causes of incapacity established by law.

It is amended by article 67 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 303.

Persons physically or mentally handicapped for the purpose of judicial service are unable to enter the judicial career; persons convicted of a criminal offence while they have not obtained rehabilitation; persons prosecuted or charged for a criminal offence as long as they are not acquitted or ordered to be dismissed; and those who are not in the full exercise of their civil rights.

Article 304.

1. The court that will evaluate the evidence of entry into the judicial and prosecutorial careers, by the categories of judge and prosecutor respectively, shall be presided over by a judge of the Supreme Court or of a High Court or High Court or Prosecutor's Prosecutor's Office, and shall be composed of two judges, two prosecutors, a university professor of legal discipline consisting of the evidence of access, a State lawyer, a lawyer with more than 10 years of professional practice and a lawyer of the Administration of Justice of the first or second category, who shall act as registrar.

2. The members of the court referred to in the preceding paragraph shall be appointed as follows: the President, jointly by the President of the General Council of the Judiciary and the Attorney General of the State; the two judges, by the General Council of the Judiciary; the two prosecutors, by the Attorney General of the State; the professor, on the proposal of the Council of Universities; the State lawyer and the lawyer of the Administration of Justice, by the Ministry of Justice; and the lawyer, on the proposal of the General Council of the Attorney General. The Council of Universities and the General Council of the Bar shall prepare lists, which shall refer to the Selection Commission for appointment by the latter of the respective members of the Court, unless there are cases justifying the nomination of only one or two persons.

It is amended by article 9 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 68 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.2 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 6.1 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

It is amended by art. 1.4 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 305.

1. The Selection Commission, referred to in the preceding article, shall consist of a member of the General Council of the Judiciary and a Chamber Prosecutor, who shall preside over it annually on an alternative basis, by a Judge, a Prosecutor, the Director of the Judicial School, the Director of the Centre for Legal Studies of the Administration of Justice and a member of the technical bodies of the General Council of the Judiciary, as well as an official of the Ministry of Justice with a minimum level of Deputy Director General, both graduates of law, who shall act alternately as secretaries of the Commission.

2. The composition of the Selection Commission shall be published in the "Official State Gazette", by order of the Minister of Justice. Members of the Committee shall be appointed for a term of four years, in accordance with the following rules:

(a) The member of the General Council of the Judiciary, the judge and the member of the technical bodies of the General Council of the Judiciary, by the plenary of the General Council of the Judiciary;

(b) Prosecutors, by the Attorney General of the State.

(c) The official of the Ministry of Justice, by the Minister of Justice.

3. The agreements of the Selection Commission shall be adopted by a majority of its members. In the event of a tie, it shall decide on the vote of its President.

4. The Selection Commission shall, in addition to the provisions of the preceding Article, be competent to:

(a) To propose the agenda, the content of the exercises and the complementary rules governing the opposition to access to judicial and prosecutorial careers, subject them to the approval of the Ministry of Justice and the plenary session of the General Council of the Judiciary;

(b) To carry out the necessary administrative procedures for the distribution of the approved ones to the respective schools according to the option they have made, as provided in article 301.2.

5. The decisions provided for in this article and in paragraph 2 of the previous article shall exhaust administrative remedies and shall be subject to administrative and judicial review before the Administrative Chamber of the Supreme Court.

It is amended by art. 1.3 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 1.5 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 306.

1. Opposition to entry into the judicial and prosecutorial careers by the category of judge and prosecutor shall be convened at least every two years, with the call by the Selection Commission provided for in article 305 (1), following a proposal by the General Council of the Judiciary and the Ministry of Justice, taking into account the maximum number of places to be offered in accordance with the provisions of article 301 (4) and in accordance with budgetary provisions.

2. In no case may the court select from the evidence provided for in article 301 a number of candidates higher than the number of places that had been called in accordance with that article.

3. Those who have passed the opposition as candidates for the judicial career will be considered as trainees.

It is amended by article 69 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraphs 1 and 2 are amended by Article 1.4 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 1.6 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 307.

1. The Judicial School, set up as a centre for the selection and training of judges and magistrates under the General Council of the Judiciary, will aim to provide comprehensive, specialized and high-quality training for members of the Judicial Service, as well as candidates for admission to it.

The Judicial School shall carry out the coordination and delivery of initial education, as well as continuing training, as set out in article 433 bis.

2. The selection course will necessarily include: a theoretical multidisciplinary training programme, a period of supervised practice in different bodies of all judicial orders, and a period during which the judges and trainees will perform replacement and reinforcement functions. Only the overcoming of each of them will allow access to the next.

The theoretical phase of multidisciplinary training will include an in-depth study of subjects integrating the principle of non-discrimination and equality between men and women, and in particular special legislation to combat violence against women in all its forms. It will also include an in-depth study of national and international legislation on the rights of children and adolescents, with particular attention to the Convention on the Rights of the Child and its general comments.

3. After the theoretical phase of multidisciplinary training, the traineeship will begin. In its first phase, the judges in supervised practices, who will be called deputy judges, will perform functions of assistance and collaboration with their holders. During this period, their functions may not exceed the drafting of drafts or draft resolutions that the judge or rapporteur may, if necessary, take up with such modifications as he or she deems appropriate. They may also conduct hearings or proceedings under the supervision and direction of the titular judge.

4. After this period of supervised practice, there will be a mandatory period in which the trainees will perform replacement and reinforcement tasks as provided for in articles 210 and 216 bis, with preference over the substitute judges in any appeal for such functions.

In the latter phase, they shall exercise jurisdiction with the same breadth as those of the holders of the judicial body and shall be available to the President of the relevant High Court of Justice, who shall prepare a report on the dedication and performance in the performance of his duties, for evaluation by the Judicial School.

The General Council of the Judiciary and the Presidents of the High Courts of Justice shall ensure that the performance of such duties is preferably carried out in judicial bodies of similar characteristics to those which the practising judges may then be assigned.

5. The duration of the internship, its circumstances, the fate and functions of the trainees shall be regulated by the General Council of the Judiciary in the light of the programme developed by the Judicial School.

Under no circumstances shall the duration of the theoretical training course be less than nine months. Guardianship shall last at least four months; the minimum duration shall be the same as that for replacement or support functions.

6. Those who pass the theoretical and practical course will be appointed judges on the order of the proposal made by the Judicial School.

7. The appointment shall be extended by the General Council of the Judiciary, by order, and upon taking office they shall be vested with the status of judge.

Paragraph 2 is amended by final provision 4.1 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

A second subparagraph is added to paragraph 2 by Article 4 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

It is amended by article 15 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

The provisions of transitional provision 4 shall be taken into account for their application.

It is amended by article 70 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.7 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Take into account the duration of the theoretical and practical selection course, transitional provision 3.3.

Article 308.

1. The Judicial School shall establish a relationship with applicants who pass the theoretical and practical course, according to their qualification order, which shall be submitted to the General Council of the Judiciary.

2. Without prejudice to article 301.4, approved candidates who could not be appointed as judges holding judicial bodies shall enter the judicial career as judges awaiting appointment, taking office before the President of the General Council of the Judiciary, to which they shall be assigned for the purposes provided for in articles 210.1, 216, 216 bis, 216 bis 2, 216 bis 3 and 216 bis 4.

Judges in expectation of appointment shall have preference over substitute judges in any appeal for the performance of the functions referred to in the preceding paragraph and shall cease their duties at the time when they are appointed as full judges and are assigned to the vacancies that arise, in accordance with the numerical order they occupy on the list of successful candidates.

Paragraph 2 is amended by article 16 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by article 71 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by additional provision 1 of Organic Law 9/2002 of 10 December. Ref. BOE-A-2002-24044

It is amended by art. 1.8 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 309.

1. Those who do not pass the course can repeat it in the next course, which will be incorporated with the new promotion.

2. If they do not pass this course, they will definitely be excluded and dropped in the expectation of entry into the judicial career resulting from the access tests they have approved.

Article 310.

All selective evidence for entry and promotion in judicial and prosecutorial careers will include the study of the principle of equality between women and men, including measures against gender-based violence, and its cross-cutting application in the area of judicial function.

The agenda should ensure the acquisition of knowledge on the principle of non-discrimination and especially equality between women and men and, in particular, on specific legislation to combat violence against women, including that of the European Union and international treaties and instruments on equality, discrimination and violence against women ratified by Spain.

Selective evidence will also include the study of the judicial protection of the rights of children and adolescents, their protection and the application of the principle of the best interests of the minor. The agenda should ensure the acquisition of knowledge on domestic, European and international legislation, with particular attention to the Convention on the Rights of the Child and its general comments.

It is amended by final provision 4.2 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 5 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

It is amended by additional provision 3.5 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is repealed by the single derogation provision (a) of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.9 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 311.

1. Of every four vacancies in the Judges category, two will result in the promotion of judges who are first in the ranks within this category.

The judge thus promoted may choose to continue in the position he or she had been occupying or to fill the vacancy offered to him or her at the time of promotion, informing the General Council of the Judiciary in the manner and within such time limit as it may determine. In the first case, he may not take part in the ordinary transfer contests for three years if the position he had been occupying is of a Judge status and one year if he is a Judge.

The third vacancy will be filled, among judges, by means of selective evidence in civil and criminal court orders, and specialization in administrative and social contentious orders, and in commercial and violence against women.

The fourth vacancy shall be filled by competitive examination between lawyers of recognised competence and with more than 10 years of professional practice who pass the training course referred to in Article 301(5). In turn, one third of these vacancies will be reserved for members of the First or Second-level Legal Service.

Only a number of places may be convened under this procedure, which does not exceed the total number of actual vacancies and which are expected to occur during the time the decision of the competition is extended.

In the Autonomous Communities in which there is more than one official language or have its own civil law, the provisions laid down for this purpose in this Law shall apply for the provision of these places.

2. The promotion by rank will require three years of effective service as judges. However, to be submitted to the selective or specialised tests, two years of effective service, whatever the administrative status of the candidate, shall suffice. Selective or specialized evidence may also be presented in administrative, social, civil and criminal contentious orders and in commercial matters and in matters of violence against women, members of the judicial career with the status of a magistrate and, as a form of access to the judicial career, those of the Public Service; in both cases, it will be necessary to have provided at least two years of effective service in their respective careers. The same requirement shall be required for those who submit to the selective evidence referred to in Article 329(4).

3. The General Council of the Judiciary may, by speciality, carry out all or some of the competitive examinations for access to the judicial career by the category of judges of jurists of recognized competence, limiting them to the assessment of merits relating to the relevant subject matter and reserving suitable places for this purpose within the general proportion set out in paragraph 1.

4. Those who have attained the status of judge without pre-Judicial career will join the rank immediately after the last judge who has entered the rank. They may not obtain voluntary leave of absence, except in the cases provided for in article 356 (d) and (e), until they have completed the period of effective service in the judicial career provided for in paragraph (c) of that article.

5. Those who pass the tests of specialization in the administrative and social contentious orders belonging before the fiscal career, will be counted in the judicial career the time of services provided in the judicial career when they participate in contests that have the purpose of providing places and positions of discretionary appointment.

6. Those who, in accordance with the provisions of paragraph 4, henceforth enter the judicial career in limited competition pursuant to paragraph 3, may not occupy positions corresponding to a court order or a different speciality, unless they pass the selective or specialized evidence provided for in this Law in matters of administrative, social, civil, commercial, criminal and violence against women.

7. Vacancies which are not covered by this procedure shall increase to the turn of selective and specialised tests, if they are called, or, in other cases, to seniority.

8. In contentious administrative and social orders, the number of specialist judge positions to be convened may not exceed the number of vacancies as of the date of the summons.

The third subparagraph of paragraph 1 and paragraphs 2 and 6 are amended by the sole article 6 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

The reference to "judicial secretaries" in paragraph 1 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 1.6 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 72 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.10 and 11 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Take into account the application of paragraphs 3 and 4, transitional provision 2.7 and 4.

Article 312.

1. Selective evidence for the promotion of the status of judge to that of judge in civil and criminal court orders shall be held at the Judicial School, and shall tend to assess the level of capacity and legal training of candidates, as well as their knowledge in the various branches of law. They may consist of conducting studies, passing courses, drawing up opinions or rulings and their defence before the Court, presenting topics and answering any observations which the Court may make or other similar exercises.

2. Specialization tests in contentious-administrative and social and commercial orders and in cases of violence against women will also tend to appreciate, in particular, those knowledge that are specific to each specialty.

3. Without prejudice to Article 310, access to selective or specialised tests shall be credited with having participated in continuing training activities with a gender perspective.

4. The rules governing these tests, exercises and, where appropriate, programmes shall be approved by the General Council of the Judiciary.

Paragraphs 2 and 3 are amended and Article 4 is added by Article 7 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Paragraph 1 is amended by article 73 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraphs 1 and 3 are amended by Article 1.12 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 313.

1. The General Council of the Judiciary shall, at the time of convening the competitive examinations referred to in Article 311, approve the basis for holding them, in which it shall graduate the maximum score according to the scale set out in the following paragraph.

2. The scale shall establish the following merits:

(a) Degree in law with a higher qualification than approved, including academic record.

(b) Doctoral degree in law and qualification achieved in obtaining it, including the academic record.

(c) Years of effective legal practice before courts and tribunals, decisions rendered and advice provided.

(d) Years of effective service as professors or as full-time professors of legal disciplines in public universities or similar categories in private universities.

(e) Years of service as a career officer in any other body of the public administration for whose admission it is expressly required to be in possession of the title of Doctor or Degree in Law and involve intervention before the Courts of Justice, in the Fiscal Career or in the Legal Service of the Administration of Justice, destinations served and functions performed in them.

(f) Years of effective exercise of judicial functions outside the judicial career and the number of decisions handed down, and the quality of those decisions being assessed.

(g) Scientific and legal publications.

(h) Presentations and communications at congresses and courses of relevant legal interest.

(i) Conduct of legal specialization courses of no less than 300 hours, as well as obtaining the investigative sufficiency accredited by the National Agency for Quality and Accreditation.

(j) To have approved any of the exercises that include free-time access tests for the judicial career.

3. Practical tests relating to the preparation of an opinion enabling the court to assess the candidate's suitability will also be included in the bases.

4. The General Council of the Judiciary shall, at the time of convening the competition, determine the maximum score of the merits covered by each of the letters in paragraph 2 above, so that it does not exceed the maximum that is attributed to the sum of the other two. The score of the merits covered by subparagraphs (c), (d), (e) and (f) of that subparagraph shall not be less than the maximum attributed to any other merit of the remaining subparagraph.

5. The Court may assess only the merits which, being included in the scale, relate to the matters of the court order to which the invitation to tender relates, provided that they have been duly accredited by the person concerned.

6. The bases shall establish the necessary provisions to enable the qualifying court to know how many incidents may have affected the contestants during their professional life and which may be of importance in assessing their aptitude in the performance of the judicial function.

7. In order to assess the merits referred to in paragraph 2 of this Article, which have been adduced by the applicants, the basis for the calls shall lay down the power of the court to call candidates or those who initially reach a certain score for an interview, of a maximum duration of one hour, in which the merits adduced by the candidate and his professional "curriculum" shall be discussed. The sole purpose of the interview is to establish the reality of legal training and the ability to enter the judicial career, which is based on the merits claimed, and cannot be converted into a general examination of legal knowledge.

8. The basis shall be laid down in the form of an assessment of the professional merits that are revealed during the interview.

That assessment shall limit the increase or decrease in the initial score of those in the maximum proportion to be determined, without prejudice to paragraph 10 of this Article.

9. The court shall draw up a sufficiently expressive record of the content and outcome of the interview, which shall state the criteria applied for the final qualification of the candidate.

10. The procedure to be followed by the court shall be established in the bases to exclude a candidate for failure to take up the status of a jurist of recognized competence, either because of the lack of or inability to deduct from the objective data of the file, or because there are circumstances that imply a demerit incompatible with that condition, even if it has exceeded, according to the scale set, the minimum score required. In this case, the agreement of the court shall be reasoned separately from the proposal, which shall be accompanied, and the person concerned shall be notified by the General Council of the Judiciary.

11. The Council may, after a hearing, reject a candidate on a reasoned basis, notwithstanding the favourable proposal of the qualifier court, provided that, after the qualifier, there has been knowledge of any circumstance which would entail insurmountable demerit.

The reference to "judicial secretaries" in paragraph 2 (e) is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 74 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.13 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Take into account the application of paragraph 11, transitional provision 2.4.

Article 314.

The Court of Selective Evidence provided for in article 312 of this Law shall be appointed by the General Council of the Judiciary, shall be presided over by the President of the Supreme Court or Judge of the Supreme Court or of the High Court of Justice to whom it delegates, and shall be elected by: two Judges, a Prosecutor, two university professors appointed on the ground of the matter, a lawyer with more than ten years of professional practice, a State Advocate, a First-rate Legal Counsel and a member of the technical bodies of the General Council of the Judiciary, who shall act as Registrar. Where it is not possible to appoint university professors, senior professors may exceptionally be appointed.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 1.5 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

It is amended by art. 1.14 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 315.

Oppositions and competitions to fill vacancies in the judicial career of the Secretariat and other staff in the service of the Administration of Justice shall be convened, at the request of the Autonomous Community in whose territorial area the vacancies occur, by the competent body and in accordance with the provisions of this Law.

CHAPTER III

Appointment and possession of Judges

Article 316.

1. Judges shall be appointed by order of the General Council of the Judiciary.

2. Judges and Presidents shall be appointed by Royal Decree on a proposal from the said Council.

3. Submission to the Royal Decree shall be made by the Minister of Justice, who shall endorse the appointment.

Article 317.

1. Appointments shall be forwarded to the President of the Court or to the appropriate person to whom they are to be given or to whom they are to be assigned.

2. They and the Presidents of the Court or Hearing of their former destiny shall also be notified.

3. When the Presidents of the Chamber and Section or Judges cease to be appointed to another office, they shall draw up a statement or list of the cases pending in the respective body, indicating the date of their initiation and the status of their appointment, and shall transmit a copy to the President of the Court or the Hearing.

4. In taking office, the new holder of the organ will examine the boast made by the previous one, subscribing it in case of conformity.

Article 318.

1. The members of the Judicial Service shall take the following oath or promise before taking possession of the first assignment:

«I swear (or promise) to keep and keep faithfully and at all times the Constitution and the rest of the legal system, loyalty to the Crown, fair and impartial administration of justice and performance of my judicial duties towards all."

2. The same oath or promise shall be made upon promotion of rank in the race.

Paragraph 2 is amended by Art. 1.7 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Article 319.

1. The Presidents, Judges and Judges shall submit to take office within twenty calendar days of the date of publication of their appointment in the Official Gazette of the State. For those assigned to the same population in which they served, the period shall be eight days. Those who are to swear or promise the office will take possession within three days of the oath or promise.

2. The General Council of the Judiciary may extend such time limits, on the basis of a just case.

Article 320.

1. The President, Presidents of the Chamber and Judges of the Courts and Hearings shall take office in public before the Governing Chamber of the Court to which they are assigned or before that of the High Court of Justice in the corresponding Autonomous Community.

2. Judges of the Supreme Court and of the High Courts of Justice who were appointed without having been appointed prior to the judicial career, in the same act of taking office before the respective Governing Chambers, shall take the oath or pledge as provided for in article 318.

Article 321.

1. Judges and judges shall take the oath or pledge, where appropriate, before the Governing Chamber of the Court or Court to which the judicial body for which they have been appointed or appointed belongs and also in public hearing.

2. Possession shall be in the judicial body to which they are intended or intended, in public hearing and with the assistance of the staff of the court. The judge who is exercising jurisdiction shall give possession.

It is amended by art. 1.67 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 322.

1. A person who refuses to take an oath or promise or without just cause shall cease to take office shall be deemed to have renounced the office and the judicial career.

2. The President of the Court or Hearing shall inform the General Council of the oath or pledge and possession or, where appropriate, of the passage of time without doing so.

Article 323.

1. If there is a fair impediment to non-submission, the person who resigns may be rehabilitated. Rehabilitation shall be agreed by the General Council, at the request of the person concerned.

2. In such a case, the rehabilitated person must take an oath or promise and take up his post within the period indicated to him, which may not exceed half the normal period.

3. If the place to which it is intended has been covered, it shall be assigned to the place of its choice, to the places corresponding to its category and to which it fulfils the legal conditions which it has left in competition. In another case, he will be forcibly assigned.

CHAPTER IV

Honours and treatment of judges and magistrates

Article 324.

The President and the Judges of the Supreme Court, the President of the National High Court and those of the High Courts of Justice are treated with excellence. The Presidents of the Provincial High Courts and other Magistrates, Your Honor. The judges, the lordship.

Article 325.

In acts of their own motion, judges may not receive more treatment than that corresponding to their actual employment in the judicial career, even if they have a higher degree in different careers or in other titles.

CHAPTER V

Provision of places in courts, courts of law and higher courts of law

Article 326.

1. The promotion and professional advancement of judges and magistrates within the judicial career shall be based on the principles of merit and capacity, as well as on the suitability and specialization for the exercise of the jurisdictional functions corresponding to the different destinations.

2. The provision of judicial career assignments shall be made on a competitive basis, in the manner determined by this Law, except for the Presidents of the Courts, High Courts of Justice and National High Courts, and Presidents of the Chamber and Judges of the Supreme Court. The provision of the Presidents of the Courts, High Courts of Justice and National High Courts and Presiding Officers and Judges of the Supreme Court shall be based on an open call to be published in the “Official Gazette of the State”, the basis of which, approved by the Plenary, shall clearly and separately establish each of the merits to be taken into account, distinguishing the qualifications of jurisdictional excellence from the Government, and the common merits of the specific qualifications for a particular post. The call shall state in detail the weighting of each of the merits in the overall assessment of the candidate. Aspirants shall appear for the purpose of explaining and defending their proposal in terms that guarantee equality and shall take place in public hearing, unless, for extraordinary reasons duly recorded and documented in the minutes of the meeting, it shall be restricted to the other candidates for the same position. Any proposal to be submitted to the plenary session must be reasoned and must give individual weight to each of the merits of the call. In any event, an overall assessment of the merits, capacity and suitability of the candidate shall be made. The proposal shall also contain an assessment of its conformity with the provisions of the Organic Law 3/2007 of 22 March 2007for the effective equality of women and men.

3. The General Council of the Judiciary, by reasoned agreement, may not temporarily contest certain vacancies, provided that they are adequately attended by alternate judges or substitute judges, where the needs of the Administration of Justice recommend giving preference to others of greater difficulty or workload.

4. The Presidents of the High Courts, High Courts of Justice and National High Courts and Presiding Officers and Judges of the Supreme Court are subject to the duty to make a declaration of property and rights and to the control and management of financial assets held by them in accordance with the terms set out in Articles 17 and 18 of Law 3/2015 of 30 March, regulating the exercise of the high office of the General Administration of the State, under the same conditions as those established for the President, the Vocals and the Secretary General of the General Council of the Judiciary.

It is amended by article 10 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

It is amended by article 75 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 3.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Take into account the application of paragraph 2, transitional provision 5.

Article 327.

1. The elected may not compete, nor may those who are in a situation which is prohibited by this law.

2. Nor may judges and magistrates who have not been in the occupied territory for the period determined by the General Council of the Judiciary, taking into account their nature and the needs of the Administration of Justice, be held for a period not less than one year in forced employment and two years in voluntary employment.

3. In other cases, however, the General Council of the Judiciary may, by reasoned decision, defer the effectiveness of the provision of a judge or judge's position where the person who has won the competition to that position should give priority attention to the body of provenance in the light of the delays caused by that position. Such postponement shall last for a maximum period of three months, after which if the situation of residence has not been resolved in accordance with the terms laid down in the reasoned decision to defer, the judge shall forfeit his right to a new assignment.

It is amended by article 76 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is amended by Art. 3.4 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 328.

The law establishing the floor shall determine the criteria for classifying the places of the Courts of Instance and establish the category of those who are to serve them.

It is amended by art. 1.68 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 329.

1. The competitive examinations for the provision of places in the Civil, Instructional or Civil Sections and the Instructional Sections of the Courts of Instance shall be decided in favour of those who, having the necessary rank, are better placed in the rank.

2. The competitive examinations for the provision of positions in the Dispute or Social Sections of the Courts of Instance shall be decided in favour of those who, having the status of judge or judge specializing in the respective jurisdictional orders or having belonged to the extinguished Body of Labour Magistrates, for those of the Social, have the best place in their rank. In the absence of such a decision, judges who have served for at least three years, within five years prior to the date of the summons, shall be covered in the administrative or social contentious orders, respectively. In the absence of these or these shall be covered by the order of seniority laid down in paragraph 1. Those who obtained a place must participate before taking possession of their new destination in the specific training activities that the General Council of the Judiciary establishes by regulation for the cases of change of judicial order. In the event that vacancies are to be filled by promotion, the General Council of the Judiciary shall also establish specific and compulsory training activities to be carried out prior to the assumption of such posts by those judges to whom they are to be promoted.

3. Examinations for the provision of places in the Juvenile Sections of the Courts of Instance shall be decided in favour of those who, by holding the rank of judge and accrediting the corresponding specialization in juvenile matters in the Judicial School, are better placed in their ranks. If they fail to do so, they shall be covered by judges who have served at least three years, within five years prior to the date of the summons, in the juvenile jurisdiction. In the absence of such measures, they shall be covered by the order of seniority laid down in paragraph 1.

Those who obtained a place, as well as those who obtained it when vacancies had to be filled by promotion, must participate before taking possession of their new destination in the specialized activities in the field of minors and in the field of gender violence established by the General Council of the Judiciary.

4. The competitions for the provision of places in the Commercial Sections of the Courts of Instance shall be decided in favour of those who, by proving the specialization in the affairs specific to that jurisdiction, obtained by passing the specialized tests determined by the General Council of the Judiciary, have the best place in their ranks. If they fail to do so, they shall be covered by judges who prove that they have remained in the civil court for more years. In the absence of these, by the order of seniority laid down in paragraph 1.

Those who obtained a place must participate before taking possession of their new destination in the specific training activities that the General Council of the Judiciary establishes by regulation.

In the event that vacancies are to be filled by promotion, the General Council of the Judiciary shall also establish specific and compulsory training activities to be carried out prior to the assumption of such posts by those judges to whom they are to be promoted.

5. The competitions for the provision of places for the Central Court of Instance in the sections of investigation, the criminal sections, the juvenile sections and the prison supervision sections shall be decided in favour of those who have served in the criminal court order for eight years within twelve years immediately prior to the date of the call; failing this criterion, in favour of those who have the best position on the scale.

Competitions for the provision of places in the Disputes Section of the Central Court of Instance shall be decided in favour of those who have the speciality in that court order; failing that, for those who have served in that order for eight years within the twelve years immediately preceding the date of the summons; and in the absence of these criteria, for those who have the best place on the scale. In the latter case, those who obtain a place must participate before taking possession of their new destination in the specific training activities that the General Council of the Judiciary establishes in accordance with the regulations for cases of change of judicial order.

6. Members of the judicial profession who, in sections of the Administrative, Social, Commercial and Violence against Women or Civil Divisions with competence in commercial matters of the Courts of Instance, acquire the status of specialist in their respective orders, may continue in their destiny.

7. The competitions for the provision of places in the Sections on Violence against Women and Criminal Matters specializing in Violence against Women of the Courts of Instance shall be decided in favour of those who, by proving the specialization in the affairs specific to that jurisdictional matter, obtained by the passing of the selective evidence determined by the General Council of the Judiciary, are better placed in their ranks.

If they fail to do so, they shall be covered by the judges or magistrates who prove that they have remained for more years in the criminal court order. In the absence of such or such, they shall be covered by the order of seniority laid down in paragraph 1. Those who obtained positions in these two forms must participate before taking possession of their new destiny in the specific training activities that the General Council of the Judiciary establishes by regulation.

In the event that vacancies are to be filled by promotion, the General Council of the Judiciary shall also establish specific and compulsory training activities to be carried out prior to the assumption of such posts by those judges to whom they are to be promoted.

8. The competitions for the provision of places in the Family, Children and Capacity Sections and the Violence against Children and Adolescents Sections of the Courts of Instance shall be decided in favour of those who, through the accreditation of specialized training in this field in the Judicial School, are better placed in their ranks. For these purposes alone, they shall be assigned the post of rank that would have been allocated to them if they were added three years of age. In the absence of this, the places of the Family, Children and Capacity Sections shall be filled by judges who have served for at least three years, within the five years preceding the date of the summons, in judicial bodies with competence in matters of family, children and capacity, and the judicial places of the Violence against Children and Adolescents Sections shall be filled by judges who have served for at least three years, within the five years preceding the summons, in judicial bodies with competence in matters of violence against children and adolescents. In the absence of such measures, they shall be covered by the order of seniority laid down in paragraph 1.

Those who obtained positions, as well as those who obtained them when vacancies had to be filled by promotion, if they had not previously followed and passed the specialized training course, must participate before taking possession of their new assignment in the training activities, in each case, in the area of family, children and capacity, or in the area of violence against children and adolescents and, in any case, in the area of gender-based violence established by the General Council of the Judiciary.

9. No judge, judge or judge of each section of a Court of Instance or of the Central Court of Instance may request, in competition or in any other form of provision, a judicial position belonging to the same section in which it was already intended or intended, except as provided for in Article 96.2.

It is amended by art. 1.69 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3a is deleted, 6 is amended and 7 is added by Article 8 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Paragraph 3 is amended by article 45 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 3a is added and paragraph 5 is amended by Article 1.8 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 77 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 4 is added by Art. 2.11 Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Paragraph 3 is amended by Art. 5 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Paragraph 2 is amended by Art. 3.5 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 330.

1. Examinations for the provision of seats for judges of the Chambers or Sections of the National High Court, the High Courts of Justice and the Hearings shall be decided in favour of those who, having the necessary rank, are better placed on the list, subject to the exceptions set out in the following paragraphs.

2. In each Chamber or Dispute Section of the High Courts of Justice, one of the positions shall be reserved to a judge specializing in that judicial order, preferably the one who holds the best position on his or her scale. If the Chamber or Section consists of five or more judges, the number of seats covered by this system shall be two, with the same proportion remaining in subsequent increments.

However, if a member of the Chamber or Section acquires the status of specialist in this order, he or she may continue at his or her place of assignment until he or she is awarded the first specialist vacancy to occur. In the contests for the provision of other places, preference shall be given to judges who have served in that judicial order for eight years within the twelve years immediately preceding the date of the invitation to tender.

3. In each Chamber or Social Section of the High Courts of Justice, one of the places shall be reserved to a judge specializing in that judicial order or who has belonged to the extinct Labour Magistrates ' Corps, with preference to the one who holds the best position in his rank. If the Chamber or Section consists of five or more judges, the number of seats covered by this system shall be two, with the same proportion remaining in subsequent increments.

However, if a member of the Chamber or Section acquires the status of specialist in this order, he or she may continue at his or her place of assignment until he or she is awarded the first specialist vacancy to occur. In the contests for the provision of other places, preference shall be given to judges who have served in that judicial order for eight years within the twelve years immediately preceding the date of the invitation to tender.

4. In the Civil and Criminal Chambers of the Superior Courts of Justice, one in three places shall be filled by a jurist of recognized standing with more than 10 years of professional practice in the autonomous community, appointed on the proposal of the General Council of the Judiciary on a list presented by the Legislative Assembly; the remaining places shall be filled by judges appointed on the proposal of the General Council of the Judiciary, among those who have been in the category and in the civil or criminal judicial order for 10 years and have special knowledge in civil, foral or special law, specific to the Autonomous Community.

In the event of the existence of the appeal sections referred to in article 73.6, one of them shall hear exclusively cases of violence against women in its various forms, and the places in that section shall be filled by judges or magistrates who have the status of specialists in violence against women. In the absence of such appointments, the appointments shall be made in accordance with paragraph 5; those who obtain such a position shall participate before taking possession of their new assignment in the specific training activities that the General Council of the Judiciary shall establish by regulation.

Where the significant and continuing difference in the workload of the various Chambers of the High Courts of Justice so advises, the judges of any of them, with the favourable agreement of the Governing Chamber upon the proposal of the President of the Court, may be assigned by the General Council of the Judiciary, in whole or in part, and without any pay increase, to another Chamber of the High Court of Justice itself. For secondment, the seniority of the rank and the speciality or experience of the judges concerned and, if possible, their preferences shall be assessed.

5. The contests for the provision of Provincial Courts will comply with the following rules:

(a) If there are several sections and these are divided by court orders, the judges who have served in the corresponding court order for six years within 10 years immediately preceding the date of the call shall have preference in the competition. The seniority in mixed bodies shall be counted equally for both jurisdictional orders.

(b) If there are several sections and the sections are not divided by court orders, preference shall be given in the competition to those judges who have served in the corresponding court order for six years within the ten years immediately preceding the date of the summons. The seniority in mixed bodies shall be counted equally for both jurisdictional orders.

(c) If there is one or more sections of the Provincial High Courts which hear appeals in the second instance against all types of decisions handed down by the Commercial Sections of the Courts of Instance, one of the places shall be reserved to a judge or a judge who, by proving that he specializes in the specific affairs of that jurisdiction, obtained through the passing of the selective evidence determined by the General Council of the Judiciary, is better placed in their ranks. If the Section consists of five or more judges or magistrates, the number of places covered by this system shall be two, with the same proportion remaining in subsequent increments. However, if a member of the Chamber or Section acquires the status of specialist in this order, he or she may continue at his or her place of assignment until he or she is awarded the first specialist vacancy to occur. In the contests for the provision of other places, preference shall be given to judges or magistrates who prove that they have stayed longer in the civil court order. In the absence of these or these, by judges or magistrates who prove that they have stayed longer in mixed courts.

(d) In the Section or Sections to which Article 80.3 assigns only and exclusively to them the second-instance knowledge of appeals brought against all types of decisions handed down by the Commercial Sections of the Courts of Instance, the preference in the competition for the provision of their places shall be those judges or magistrates who, by proving their specialisation in the specific affairs of that jurisdiction, obtained by passing the selective evidence determined by the General Council of the Judiciary, have the best place in their ranks. If they fail to do so, they shall be covered by judges who prove that they have stayed longer in the civil court order. In the absence of these, judges or magistrates who prove that they have stayed longer in mixed courts.

(e) The competitive examinations for the provision of places for judges or magistrates in the sections of the Provincial High Courts specializing in violence against women, pursuant to articles 80.3, 82.1.3 and 82 bis.2, shall be decided in favour of those who, by proving that they specialize in the specific affairs of that jurisdiction, obtained by passing the selective evidence determined by the General Council of the Judiciary, are best placed on their scale. In the absence of such a decision, judges who prove that they have remained in the criminal court order for longer. In the absence of these, judges or magistrates who prove that they have stayed longer in joint bodies.

(f) The competitive examinations for the provision of places for magistrates or magistrates in the sections of the Provincial High Courts specializing in the field of family, children and capacity, pursuant to articles 80.3, 82.2.2 and 82 bis.2, shall be decided in favour of those who, by providing evidence of specialized training in this field in the Judicial School, are better placed in their ranks. For these purposes alone, they shall be assigned the post of rank that would have been allocated to them if they were added three years of age.

If not, by judges who have served for at least three years, within five years prior to the date of the summons, in judicial bodies with competence in matters relating to the family, children and capacity.

In the absence of such a decision, judges who prove that they have remained in the civil court order for longer.

In the absence of these, judges or magistrates who prove that they have stayed longer in joint bodies.

(g) The competitive examinations for the provision of places for magistrates or magistrates of the sections of the Provincial High Courts specializing in violence against children and adolescents, pursuant to articles 80.3, 82.1.3 and 82 bis.2, shall be decided in favour of those who, by providing evidence of specialized training in this field in the Judicial School, are better placed in their ranks. For these purposes alone, they shall be assigned the post of rank that would have been allocated to them if they were added three years of age.

Failure to do so is the failure of judges who have served for at least three years, within five years prior to the date of the summons, in judicial bodies with competence in the field of violence against children and adolescents.

In the absence of such a decision, judges who prove that they have remained in the criminal court order for longer.

In the absence of these, judges or magistrates who prove that they have stayed longer in joint bodies.

6. In the absence of the criteria provided for in paragraphs 2 to 5, the provision of places shall be decided in accordance with paragraph 1 of this Article.

7. The contests for the provision of seats in the chambers of the National High Court shall be decided in favour of those who have the corresponding specialization in the respective order; failing that, for those who have served in the corresponding judicial order for eight years within the twelve years immediately preceding the date of the call; and in the absence of all these criteria, for those who have the best position on the scale.

The provision of places in the Appeals Chamber of the National High Court shall be decided in favour of those who, more than fifteen years old, have served for at least ten years in the criminal court order, including those who are qualified as a specialist.

8. In contentious administrative and social orders, the number of specialist judge positions to be convened may not exceed the number of vacancies as of the date of the summons.

Points (c), (d) and (e) are amended and points (f) and (g) are added to paragraph 5 by Article 1.70 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The second subparagraph of paragraph 4 is amended and point (e) is added to paragraph 5 by Article 9 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Paragraphs 2, 3, 5 and 7 are amended by Article 1.9 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 78 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 5 is added by Art. 2.12 Organic Law 8/2003 of 9 July. Ref. BOE-A-2003-13812

Paragraph 4 is added by Art. 2 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Paragraph 2 is amended by Art. 3.6 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Drafted paragraph 3 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 331.

1. Those who accede to a High Court of Justice without prior membership of the Judicial Service shall do so for the sole purpose of providing services in the Judicial Service, without being able to choose or be appointed for a different purpose, except for their possible promotion to the Supreme Court, by the turn of lawyers and other jurists of recognized competence referred to in article 343.

2. For all other purposes, they shall be considered members of the Judicial Service.

Article 332.

Those who rise to the rank of Judge by selective proof with specialisation in the administrative or social contentious order shall retain the rights to compete in places of other judicial order, according to their seniority in the common rank. In order to occupy the position of your specialty you will only be counted the time spent in this one.

Article 333.

1. The seats of President of the Chamber of the National High Court, as well as those of President of the Chamber of the High Courts of Justice, shall be provided, for a period of five years renewable for a single term of five years, on the proposal of the General Council of the Judiciary, between judges who have served ten years in this category and eight in the judicial order concerned. However, the Presidency of the Appeals Chamber of the National High Court shall be provided between judges more than fifteen years of seniority in the career who have served for at least ten years in the criminal court order, including those who have the status of specialist. Those of the President of the Section of the National High Court, High Courts of Justice and Provincial High Courts shall be covered by competitive examination, which shall be decided in accordance with the rules set out in article 330.

2. Those who are disciplined for serious or very serious misconduct, whose entry in the file has not been cancelled, shall not have access to such Presidencies.

Paragraph 1 is amended by Article 11 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

See the first transitional provision of the aforementioned Organic Law.

It is amended by article 79 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 334.

Positions that remain vacant due to the absence of applicants shall be filled by those promoted or promoted to the required category, according to the appropriate turn.

Those vacancies which, pursuant to the second subparagraph of article 311, paragraph 1, were not filled by judges promoted to the rank of judge, shall be offered by regular transfer examination to members of the career with the status of judge; if they are not filled, they shall be offered to judges who have graduated from the Judicial School, and may apply for vacant places in the Courts of Instance only as their first place of employment.

It is amended by art. 1.71 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 1.10 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Article 335.

1. The places of President of the Chamber of the National High Court shall be provided in the manner provided for in article 333.

2. The Presidency of the National High Court shall be provided by the General Council of the Judiciary for a period of five years, renewable for a single term of five years, between judges with fifteen years of service in the category, who meet the appropriate qualifications for the post, as provided for in this Act for the Presidents of the High Courts of Justice.

3. The position of Chief of the Inspection Service of the General Council of the Judiciary shall be provided by a Judge of the Supreme Court of two years ' seniority or by a Magistrate of ten years ' service in the category. In the latter case, while in office, he shall be considered a Judge of the Supreme Court.

Paragraph 2 is amended by Article 12 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

See the first transitional provision of the aforementioned Organic Law.

Paragraph 3 is amended by the sole article 3 of Organic Law 2/2004 of 28 December. Ref. BOE-A-2004-21761.

Paragraph 1 is amended by article 80 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 5.3 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Article 336.

1. The Presidents of the High Courts of Justice shall be appointed for a period of five years renewable for a single term of five years, on the proposal of the General Council of the Judiciary, between judges who have served 10 years in the category, have applied for it and have been in the judicial profession for at least 15 years.

2. The appointment of the President of a High Court of Justice shall have effect from its publication in the Official State Gazette, without prejudice to the mandatory publication in the Official Gazette of the Autonomous Community.

Paragraph 1 is amended by Article 13 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

See the first transitional provision of the aforementioned Organic Law.

Paragraph 1 is amended by Article 2.1 of Organic Law 7/1992 of 20 November. Ref. BOE-A-1992-25817

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 337.

The Presidents of the Provincial High Courts shall be appointed for a period of five years, renewable for a single term of five years, on the proposal of the General Council of the Judiciary, from among the judges who request it, from those who have served ten years in the career.

It is amended by article 14 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

See the first transitional provision of the aforementioned Organic Law.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 338.

The Presidents of the National High Court, the High Courts of Justice, the High Courts of Justice, the Chamber of the National High Court and the Chamber of the High Courts of Justice shall cease for any of the following cases:

1. Upon expiry of their term of office, unless confirmed by a single term of five years.

2. On resignation, accepted by the General Council.

3rd By decision agreed in disciplinary proceedings.

It is amended by article 15 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

The initial paragraph is amended by article 81 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 339.

The President of the National High Court and the Presidents of the High Courts of Justice shall, when they cease to hold office, be assigned, at their election, to the Court or High Court in which they cease or to the Court from which they came at their last place of office, until the award of the corresponding position of which they have chosen. If they have exhausted the whole of the first term for which they were appointed, they shall, moreover, have preference for any position of their category for which they are to be provided by voluntary examination and for which special preference or reserve for specialist is not recognized during the three years following the termination.

It is amended by article 46 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 82 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 340.

The Presidents of the Chamber of the National High Court, the Presidents of the Chamber of the High Courts of Justice and the Presidents of the Provincial High Courts who cease to hold office shall, at their election, be assigned to the Court or High Court in which they cease or to the one from which they came at their last place of office, until the award of the corresponding position of which they have chosen. If they have exhausted the whole of the first term for which they were appointed, they shall also have preference for any position of their category for which they are to be provided by voluntary examination and for which no special preference or reservation to a specialist is recognized during the two years following their termination.

It is amended by article 47 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 83 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 341.

1. For the provision of the positions of President of the Superior Courts of Justice and Hearings, in those Autonomous Communities that enjoy special or foral civil law, as well as of their own official language, the General Council of the Judiciary shall assess as merit the specialization of these Special or Foral civil rights and the knowledge of the language of the Community.

2. The criteria for the assessment of the knowledge of the language and the Special or Foral Civil Law of the aforementioned Autonomous Communities will be determined as a preferential merit in the competitions for courts of their territory.

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

CHAPTER VI

Provision of places in the Supreme Court

Article 342.

The Presiding Officers of the Supreme Court shall be appointed, for a period of five years, on the proposal of the General Council of the Judiciary, from among judges of that Court who have three years of service in the category.

It is amended by art. 5.4 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Article 342 bis.

The Judge of the Supreme Court competent to hear the authorization of the activities of the National Intelligence Centre affecting the fundamental rights recognized in article 18.2 and 3 of the Constitution. the Constitution shall be appointed for a period of five years, on the proposal of the General Council of the Judiciary, from judges of that Court who have three years of service in the category.

It is added by the single additional provision.4 of Organic Law 2/2002 of 6 May. Ref. BOE-A-2002-8627

Text added, published on 07/05/2002, in force from 07/05/2002.

Article 343.

In the different Chambers of the Tribunal, four out of every five seats of their Judges shall be provided among members of the Judicial Service at least 10 years of age in the category of Judge and not less than 20 years in the Career. In any event, it shall be necessary to have served effectively in a collegiate body of the court order corresponding to the place to which it aspires, or to have jurisdiction over matters specific to that court order. The fifth place will be provided between lawyers and other jurists, all of whom have recognized competence.

It is amended by art. 1.1 of Organic Law 3/2024 of 2 August. Ref. BOE-A-2024-16127

It is amended by art. 3.7 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 344.

In every four places reserved for the judicial career, they shall be:

(a) Two judges who have entered the category by means of the corresponding selection evidence in the civil and criminal court order or who are superior in that category, or, depending on the court order, two judges who are specialists in the judicial, administrative and social order or who are in the latter case the deceased Labour Magistrates ' Corps. In this shift twenty years will be required in the race and only five in the category.

For the purpose of the reservation of places in the civil court order, judges who have passed the tests of specialization in commercial matters shall be equal to those who have passed the tests of selection in the civil court order.

(b) Two judges who meet the general conditions for access to the Supreme Court set out in the previous article.

Point (a) is amended by Art. 1.2 of Organic Law 3/2024 of 2 August. Ref. BOE-A-2024-16127

It is amended by article 84 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Point (a) is amended by Article 3.8 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 344 bis.

1. Judges from the Military Legal Corps shall be appointed to the Military Chamber of the Supreme Court by royal decree, endorsed by the Minister of Justice and on the proposal of the General Council of the Judiciary, between General Consejeros Togados and General Auditores with competence for promotion on active duty.

2. In order to justify the proposal for appointment, the General Council of the Judiciary shall, in advance of the application, request the applicants to present their merits in accordance with this Act, as well as the Ministry of Defence, for any documentation it deems necessary.

It is added by the sole article.48 of Organic Law 7/2015, of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 345.

Prestigious lawyers and lawyers may be appointed as judges of the Supreme Court, who, in compliance with the requirements laid down for this purpose, have sufficient merit in the opinion of the General Council of the Judiciary and have carried out their professional activities for a period of more than fifteen years, preferably in the branch of law corresponding to the jurisdictional order of the Chamber for which they are to be appointed.

It is amended by art. 3.9 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 346.

Where the number of judges in a Chamber is not multiple of five, one more seat shall be allocated to the group (b) of article 344; to group (a) of the same article; or to the group of prestigious jurists, successively and by this order.

Article 347.

Those who had access to the Supreme Court without prior membership in the judicial career will be placed in the rank of the last post in the rank of Supreme Court Magistrates. They will be recognised for all fifteen years of service.

It is amended by art. 3.10 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

CHAPTER VI bis

Of the judges of territorial secondment

It is added by art. 1.11 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Text added, published on 04/11/2009, in force from 05/11/2009.

Article 347 bis.

1. In each High Court of Justice, and for the territorial scope of the province, the places of judges of territorial secondment shall be established as determined by the Law on Demarcation and of Judicial Plant. Such places of judges for territorial secondment may not be replaced.

2. Territorial secondment judges shall exercise their judicial functions in vacant places or in places where the holder is absent for any reason. Exceptionally, they may be called upon to perform reinforcement functions, as set out in paragraph 5. The President of the High Court of Justice to which they are attached shall be appointed and shall subsequently report to the relevant Governing Chamber. The Governing Chamber of the High Court of Justice shall inform the General Council of the Judiciary and the Ministry of Justice of the status and fate of the judges of territorial secondment in their respective territory.

3. In the multi-provincial Autonomous Communities and where the reasons for the service so require, the President of the High Court of Justice may make appeals to judicial bodies of another province within the territorial scope of that Court.

4. Where the territorial secondment judge performs replacement functions, he shall do so with full jurisdiction in the relevant body. It shall also be responsible for attending the Boards of Judges and other acts of representation of the judicial body in which it replaces, in the absence of its holder.

5. Exceptionally, territorial secondment judges may perform reinforcement functions, where the following circumstances are present:

(a) where all places in the territorial scope of the High Court of Justice are filled and therefore the territorial secondment judge is unable to perform replacement functions, automatically suspending the reinforcement when any of the situations in paragraph 2 occurs and the territorial secondment judge must be called upon to replace in that judicial body;

(b) after approval by the Ministry of Justice, which may be opposed for reasons of budgetary availability.

In this case, it shall be the responsibility of the Governing Chamber to set the objectives of such reinforcement and the proper division of cases, after hearing the secondment judge and the holder or holders of the strengthened judicial body, without the provision of such reinforcement being capable of also entailing the allocation of material or personal means other than those with which the court is attached.

When it is performing replacement functions, it may be called upon to reinforce another judicial body simultaneously, in accordance with the normal procedure laid down in articles 216 bis to 216 bis.4, by automatically terminating the reinforcement upon completion of its replacement.

6. The travel of the territorial secondment judge shall give rise to compensations which are determined by regulation on the basis of the service.

7. In the Autonomous Communities in which more than one official language exists or have its own civil law, the provisions laid down for this purpose in this Law shall apply for the provision of these places.

It is amended by article 16 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

It is amended by article 49 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 17 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is added by art. 1.11 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Text added, published on 04/11/2009, in force from 05/11/2009.

CHAPTER VII

The situation of judges and magistrates

Article 348.

Judges and magistrates may be in one of the following situations:

(a) Active service

(b) Special services

(c) Voluntary excess

(d) Suspension of duties.

(e) Excessive violence against women.

Paragraph (e) is added by additional provision 3.7 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 85 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 5.5 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Article 348 bis.

He shall be transferred from the rank of Judge of the Supreme Court to that of Judge by performing any other public or private activities with the only exceptions indicated below:

1. Speaker of the General Council of the Judiciary.

2. Judge of the Constitutional Court

3. Member of High International Courts of Justice.

4. State Attorney General.

5. Head of the Inspection Service of the General Council of the Judiciary.

6. Prosecutor of the European Public Prosecutor's Office.

Number 6 is added by final provision 2.7 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Numbers 4 and 5 are added by the sole article 4 of Organic Law 2/2004 of 28 December. Ref. BOE-A-2004-21761.

It is added by art. 5.6 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Text added, published on 05/12/1997, in force from 06/12/1997.

Article 349.

1. Judges and magistrates shall be in active service when they occupy positions corresponding to the judicial career, when they are temporarily attached, when they have been appointed as deputy judges, or when they have been granted temporary secondment.

2. Where the abolition or conversion with a change of court order of a position of which a judge or magistrate is the holder occurs, the judge shall be assigned to the President of the High Court of Justice, in accordance with the terms of Article 118(2) and (3).

It is amended by article 86 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 350.

1. The General Council of the Judiciary may grant secondment to judges and magistrates, which may not exceed one year, which may be extended by another:

(a) To serve in another court or tribunal, with or without relief from office;

(b) to participate in missions of international legal cooperation, where the declaration of special services does not apply.

2. The commissions of service require the consent of the person concerned, as well as the report of his superior and of the Inspection Service of the General Council of the Judiciary. They may be conferred, in a reasoned decision, only if the prevailing interest of the service and the needs of the Administration of Justice so permit.

3. Seconded judges and magistrates shall be counted for the time they remain in such a position for the purposes of promotion, seniority and passive rights. They shall have the right to reserve the position they occupy when they move on to that situation or that which they may obtain during their stay in the same situation, for which purpose the time of stay in commission shall be considered as services rendered in the reserved destination.

Paragraph 1 is amended by Article 1.72 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is added by Article 17 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 87 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3 is amended by additional provision 6 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Paragraph 3 is added by Art. 5.7 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Article 351.

Judges and magistrates shall be declared in the situation of special services:

(a) When they are appointed as President of the Supreme Court, Attorney General of the State, Speaker of the General Council of the Judiciary, Judge of the Constitutional Court, Ombudsman or his deputies, Counsellor of the Court of Auditors, State Counsellor, President or Counsellor of the National Commission on Markets and Competition, Director of the Data Protection Agency, European Public Prosecutor or member of the High International Courts of Justice, or holders or members of equivalent bodies of the Autonomous Communities.

(b) When authorized by the General Council of the Judiciary to carry out an international mission for a specified period of more than six months in international organizations, foreign governments or public entities or in international cooperation programmes, after a declaration of interest by the Ministry of Foreign Affairs.

(c) When they acquire the status of staff members in the service of international or supranational organizations or when they are appointed as European Prosecutors delegated in accordance with the Council Regulation (EU) 2017/1939 of 12 October 2017establishing enhanced cooperation for the establishment of the European Public Prosecutor's Office and the Organic Law implementing the said Regulation. During their term of office, they shall act in accordance with the guiding principles of the European Public Prosecutor's Office and shall no longer have the powers inherent in the exercise of judicial power.

(d) When they are appointed or assigned to the service of the Court of Justice of the European Union, the Constitutional Court, the General Council of the Judiciary or the Supreme Court, or judges in the Technical Cabinet of the Supreme Court, or in the service of the Ministry of Justice, the Ombudsman or equivalent body of the Autonomous Communities.

(e) When they serve, by appointment by Royal Decree, or by Decree in the Autonomous Communities, in positions which do not have a higher rank than the Director General.

(f) When they are appointed to political or trust office under Royal Decree, Autonomous Decree or plenary agreement of local authority with the rank of general director or lower.

Point (d) is amended by Art. 1.73 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Point (f) is amended by Art. 1.3 of Organic Law 3/2024 of 2 August. Ref. BOE-A-2024-16127

The transitional provision of the aforementioned Organic Law should be taken into account for its application.

Paragraphs (a) and (c) are amended by the final provision 2.8 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

It is amended by article 18 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

Paragraph (f) is amended by article 1 of Organic Law 12/2011 of 22 September. Ref. BOE-A-2011-15037.

Point (f) is added and point (d) is amended by Article 1.12 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 88 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Point (c) is amended by Art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 352.

The judges of the Supreme Court shall be declared in the status of special services if they are appointed to any of the following positions:

(a) Vocal of the General Council of the Judiciary.

(b) Judge of the Constitutional Court.

(c) Member of the High International Courts of Justice.

(d) Attorney-General of the State.

(e) Head of the Inspection Service of the General Council of the Judiciary.

Point (e) is added by article 5 of Organic Law 2/2004 of 28 December. Ref. BOE-A-2004-21761.

It is amended by article 89 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 353.

The situation of special services shall be declared ex officio by the General Council of the Judiciary, or at the request of the person concerned, once the situation determining it is verified, and with effect from the time of the corresponding appointment.

It is amended by article 90 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 shall be deleted and paragraph 1 shall be replaced by Article 3 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 354.

1. Judges and magistrates in special service status shall be paid for the post or position they hold, without prejudice to the right to remuneration for their seniority in the judicial career.

2. Judges and magistrates in special service positions shall be counted for the time they remain in such position for the purposes of promotion, seniority and passive rights. They shall have the right to reserve the place they occupy when they move to that situation or that which they may obtain during their stay in it and shall take into account the services provided therein, for the promotion and provision of places, as if they had actually been provided in the judicial order of the place they occupy when they move on to that situation or that which they may obtain during their stay in it.

3. Judges and judges in special service status for the temporary secondment of the post of Counsel of the Constitutional Court, the European Court of Human Rights or the Court of Justice of the European Union shall be taken into account for the purpose of promoting and providing places, as if they had actually been provided in the judicial order of the place they occupy when they move to that situation or that which they may obtain during their stay in it.

Paragraph 2 is amended and Article 3 is added by Article 19 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 91 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 355.

Upon termination of the post or position determining the status of special services, they shall apply for re-entry into active service within a maximum period of 10 days from the date of termination and shall join their assignment within 20 days immediately thereafter; if not, they shall be declared on voluntary leave with effect from the day on which they ceased to hold the post or position held. Re-entry shall have economic and administrative effects from the date of the application.

It is amended by article 92 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 355 bis.

1. Destinations whose holders are in a special service situation, leave with reserve of place or commissions of service for a period of more than six months may be covered by the ordinary replacement mechanisms, by commissioning with or without relief from functions or by the ordinary mechanisms of provision, including with the relevant promotions, for the duration of the incumbents in that situation.

2. If the vacancy is covered by the ordinary means of provision, those who occupy the aforementioned destinations shall, when their holder is returned to the position, be assigned to the collegiate court in which the reservation took place, or, in the case of a Court of Instance, be placed at the disposal of the President of the relevant High Court of Justice and without prejudice to the remuneration they receive. While in this situation, they shall serve at posts determined by the respective Government Chambers, receiving compensation for the service when the service is provided in place other than that of their residence, which shall remain at the reserved position they have occupied.

While in the reserved position, once one year has elapsed since they acceded to the reserved position, or at any time when they are in a secondment situation, they will be able to access in property to any destinations by the ordinary mechanisms of provision and promotion. They will definitely occupy the reserved square they serve when they vacate for any reason. Where they are in the position of seconded persons, they shall be assigned to the first vacancy in the relevant collegial court or in the section of the Court of Instance of the same court order as the place of the reserved position, unless they are the places of President or legally reserved for judges or magistrates from selective evidence, if they do not meet this condition.

3. Those in an administrative situation other than active service obtained a position offered under the provisions of this article by competitive examination must necessarily return to active service in order to carry out effective judicial functions in that position.

Paragraphs 1 and 2 are amended by Article 1.74 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by article 2 of Organic Law 4/2014 of 11 July. Ref. BOE-A-2014-7368.

Text added, published on 12/07/2014, in force from 13/07/2014.

Article 356.

The following cases shall be declared in the case of voluntary leave of absence at the request of the judge or magistrate:

(a) When he is in active service in a body or scale of public administration or in the fiscal career.

(b) If he or she becomes a public sector agency or entity and does not have a place in which to remain in another position. In this case, upon termination of office or service, you must request re-entry into the active service within a maximum of 10 days from the following day. Failure to do so shall result in a voluntary leave of absence on the basis of particular interest.

(c) Of particular interest, provided that he has served in the judicial career for the five years immediately preceding, without being able to remain in this situation for less than two years.

The declaration of this situation shall be subject to the requirements of the Administration of Justice. It may not be declared when the judge or magistrate is instructed in disciplinary proceedings.

(d) For the care of children, for a period not exceeding three years to care for each child, whether by nature, adoption, permanent or pre-adopted care, from the date of birth or from the date of the court or administrative decision to which it is agreed, respectively. Successive children shall be entitled to a further period of leave, which, if necessary, shall put an end to the period of leave enjoyed. When the father and mother work, only one may exercise this right.

(e) They shall also be entitled to a period of leave of not more than three years to care for a dependant until the second degree, including consanguinity or affinity, which, for reasons of age, accident or illness, cannot be self-sufficient and does not engage in gainful activity.

The period of leave of absence shall be unique for each subject. When a new causative subject gives rise to a new leave of absence, the beginning of the period of leave shall put an end to the period enjoyed.

This leave of absence and the leave provided for in the preceding paragraph constitute an individual right of members of the judicial profession. In the event that two of its members generate the right to enjoy them by the same subject, the General Council of the Judiciary may limit their simultaneous exercise for justified reasons related to the needs and functioning of the services.

(f) When he or she is a candidate in elections for representative public office in the European Parliament, Congress of Deputies, Senate, Legislative Assemblies of the Autonomous Communities or Local Corporations.

(g) When they are appointed to political or trust office under Royal Decree, Autonomous Decree or Local Assembly Agreement, with a rank higher than Director General, or elected to representative public office in the European Parliament, Congress of Deputies, Senate, Legislative Assemblies of the Autonomous Communities or General Assemblies of the Historical Territories, or as President of a local Corporation.

In this case, as well as in the case provided for in (f), judges and magistrates, and officials of other bodies, who return to the relevant career, shall refrain, and where appropriate may be challenged, from intervening in any matters to which political parties or groups are party, or those of their members who hold or have held public office.

Point (f) is amended and (g) is added by Article 1.4 and 5 of Organic Law 3/2024 of 2 August. Ref. BOE-A-2024-16127

In the application of point (g), take into account the transitional provision of the aforementioned Organic Law.

Paragraph (f) is amended by article 2 of Organic Law 12/2011 of 22 September. Ref. BOE-A-2011-15037.

The first subparagraph of point (e) is amended by additional provision 3.6 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 93 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 357.

Where a judge of the Supreme Court applies for voluntary leave of absence and is granted such leave, he shall lose his status, except in the case provided for in points (d) and (e) of the preceding article and in article 360 bis. In the other cases, he/she will be placed on voluntary leave, within the category of Judge.

It is amended by additional provision 3.8 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 94 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Paragraph 3 is amended by Art. 15 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 358.

1. Voluntary leave, in its different forms, does not result in a reservation of a place. The judge or magistrate shall not be paid or counted for the period of time spent in such a situation while in the office of the judge for the purposes of promotion, seniority and passive rights, except as provided for in paragraph 2 of this Article and as provided for in the rules of passive classes.

2. Except as provided for in the preceding subparagraph, voluntary leave for the care of children and for the care of a family member referred to in Article 356 (d) and (e), where the period of stay in such situations shall be computable for the purposes of triennium and passive rights. During the same period, training courses will be allowed. During the first two years, the right to reserve the place in which their duties were performed and to calculate seniority and to participate in the transfer contests shall be granted. After this period, this reservation shall be made to a post in the same province and of equal status, and in the month before the end of the maximum period of stay in the same province, it shall be requested to re-enter the active service; if not, it shall be declared ex officio in the situation of voluntary leave of absence in the particular interest.

3. Those who are in the situation of leave referred to in Article 356(f) and (g), if they apply for re-entry into active service, shall be placed in special services for all purposes during the two years following their cessation, without exercising judicial functions, without prejudice to the rights and remuneration they held prior to their leave and being able to pursue to other destinations.

During this period, those who come from a political or trusting position or representative public office at European or state level will be placed under the authority of the Chief Justice. For their part, those who come from a political or trusting position or from a public office of an autonomous or local level shall be assigned organically to the President of the High Court of Justice of the Autonomous Community of their last destiny.

Once the period has expired, they shall be entitled to return to their place of origin or to the position awarded to them by competition or, if they so choose, to be assigned to a vacancy of their category in the province or autonomous community where they would serve prior to their leave.

Paragraph 3 is amended by Art. 1.6 of Organic Law 3/2024 of 2 August. Ref. BOE-A-2024-16127

Paragraph 2 is amended by Art. 1.13 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Paragraph 2 is amended by additional provision 3.9 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 95 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 2 of Organic Law 5/1997, of 4 December. Ref. BOE-A-1997-26034

Article 359.

1. Re-entry into active service of the judge or magistrate on voluntary leave of absence for a particular interest of more than 10 years shall require the prior declaration of fitness by the General Council of the Judiciary, which shall collect the reports and conduct the necessary procedures for their verification.

2. Judges and magistrates on voluntary leave who apply for re-entry into active service and, where appropriate, obtain a declaration of aptitude, shall be required to participate in all competitive examinations announced to fill positions of their rank until they are assigned. Failure to do so shall result in a declaration of voluntary leave of absence in the interest of the individual, and the declaration of fitness if it has occurred shall cease to apply.

It is amended by article 96 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 360.

Once the judge or magistrate on voluntary leave of absence has returned to active service in the case provided for in article 356, paragraph (f), he or she shall not, for the following five years, have access to a post of judicial service other than those provided for by strict seniority.

It is amended by article 97 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 360 bis.

1. Women judges and magistrates who are victims of gender-based violence shall have the right to apply for leave of absence on the basis of violence against women without the need for a minimum period of prior service. In this administrative situation, a maximum period of three years may be retained.

2. During the first six months they shall be entitled to reserve their jobs, and that period shall be computable for promotion, triennium and passive rights.

However, where it appears from the proceedings for judicial protection that the victim ' s right to protection is effective, the period during which, according to the preceding paragraph, the reservation of the job shall be entitled, with the same effect as those referred to in that paragraph, may be extended for a period of three months, with a maximum of eighteen.

3. During the first two months of this leave, women judges and magistrates on leave due to violence against women shall receive full remuneration and, where appropriate, family allowances for dependent children.

4. Re-entry into active service of female judges and magistrates on leave of absence on the basis of violence against women of no more than six months shall take place in the same court in respect of whom they have reserved their previous job; if the period of leave exceeds six months, re-entry shall require female judges to participate in all competitive examinations announced to fill positions of their rank until they are assigned. Failure to do so shall result in their being declared on voluntary leave of absence in the interest of the individual.

It is added by additional provision 3.10 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

Added text, published 23/03/2007, in force from 24/03/2007.

Article 361.

1. The judge or judge shall be declared in a situation of suspension of office, provisional or definitive, in the cases and in the manner established by this Law.

2. A judge declared suspended shall be deprived of his or her duties for the duration of the suspension.

It is amended by article 98 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 362.

1. The provisional suspension may be agreed upon during the conduct of judicial or disciplinary proceedings.

2. The provisional suspension during the conduct of disciplinary proceedings may not exceed six months, except in the case of a stay of proceedings on grounds attributable to the person concerned.

It is amended by article 99 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 363.

The provisional suspension shall be entitled to receive its basic remuneration, except in the case of a stay of disciplinary proceedings on grounds attributable to it, which shall result in the loss of any remuneration pending the continuation of such stay. Likewise, there shall not be any evidence in the event of non-appearance or non-appearance.

It is amended by article 100 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 364.

Where the suspension is not declared final and the separation is not agreed, the duration of the suspension shall be counted as active service and the immediate addition of the suspension to its position shall be agreed, with recognition of all economic and other rights arising from the date on which the suspension took effect.

It is amended by article 101 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 365.

1. The suspension shall be final if it is imposed by conviction or as a disciplinary sanction, the time of provisional suspension being calculated.

2. A definitive suspension exceeding six months shall entail the loss of destination. The vacancy will be filled on an ordinary basis.

3. The final suspension shall entail the deprivation of all the rights inherent in the status of judge or magistrate until, where appropriate, his re-entry into active service.

4. Until the period of suspension has elapsed, no change in the administrative situation shall take place.

It is amended by article 102 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 366.

1. The judge or judge shall definitively suspend his/her stay of duty one month before the end of the period of suspension. Re-entry will have economic and administrative effects from the date of termination of criminal or disciplinary liability.

2. If re-entry is not requested within the time indicated in the preceding paragraph, he shall be declared on voluntary leave of absence in the particular interest, with effect from the date on which the suspension period ends.

It is amended by article 103 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 367.

1. (Cancelled).

2. After the declaration of fitness, the judge or magistrate shall be obliged to participate in all competitions announced to fill places of his or her rank until he or she is appointed. If he fails to do so, he shall be declared on voluntary leave of absence on the basis of particular interest., the declaration of fitness being withdrawn.

Paragraph 1 and the highlighted subparagraphs of paragraph 2 are declared unconstitutional and void by judgment of TC 135/2018 of December 13. Ref. BOE-A-2019-460

It is amended by article 104 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 368.

The attendance of applications for the award of vacancies among those who are required to re-enter the active service shall be governed by the following order:

(a) Suspended.

(b) Rehabilitated.

(c) Voluntary surpluses.

It is amended by article 105 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 369.

The change in the administrative situation in which judges or magistrates are held may take place provided that the requisite requirements are met in each case without the need for re-entry into active service.

It is amended by article 106 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER VIII

Licences and permits

Article 370.

(Deleted)

It is deleted by additional provision 3.11 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 107 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 371.

1. Judges and magistrates shall have the right to enjoy, during each calendar year, a paid vacation of twenty-two working days, or the days corresponding proportionately if the service time during the year was shorter. Saturdays shall not be considered as working for the purposes of this Article They shall also be entitled to an additional working day upon completion of fifteen years of service, with one additional working day added upon completion of twenty, twenty-five and thirty years of service, respectively, up to a total of twenty-six working days per calendar year.

2. The Presidents of the Chamber and Judges of the Supreme Court and the rest of the Courts shall be granted leave of vacation during the month of August, except for those to whom the Chamber provided for in articles 61 and 180 of this Law may be constituted.

Paragraph 1 is amended by Article 20 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraph 1 is amended by the sole article 18 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by art. 1.14 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

Article 372.

The annual leave for leave may be refused for the time in which it is requested when the regular functioning of the administration of justice may be impaired by cases pending in a court or court, by the accumulation of applications for leave in the territory or by other exceptional circumstances.

Article 373.

1. Judges and magistrates shall be entitled to leave on the basis of marriage for a period of 15 days.

2. They shall also be entitled to leave in the event of childbirth, custody for the purpose of adoption, foster care or adoption, the duration and conditions of which shall be regulated by general legislation in this field. The General Council of the Judiciary shall, by means of regulations, adapt these regulations to the particularities of the judicial career. In cases of intercountry adoption, where the parents have to be moved to the country of origin of the adopted child, the permit provided for in this article may begin up to four weeks before the decision establishing the adoption.

3. They shall also be entitled to leave to conduct studies related to the judicial function, after a favourable report by the President of the relevant Tribunal, which shall take into account the needs of the service.

Once the licence has been completed, the General Council of the Judiciary shall be informed of the work carried out, and if the content of the licence is not sufficient to justify it, the licence shall be compensated with the time determined for the holiday of the person concerned.

4. They may also enjoy three-day permits, not exceeding six permits in the calendar year, or one permit per month. The three days may be enjoyed, separately or cumulatively, always within the same month.

In order to be granted, the petitioner must justify the need for the respective superiors, from whom he or she will have to obtain authorization, who may refuse when they coincide with statements, hearings or deliberations unless it is justified that the request is due to unforeseen or urgent cause.

5. Due to the death, serious accident or illness of the spouse, of a person to whom he or she was associated by similar affectivity or of a relative within the first degree of consanguinity or affinity, judges or magistrates may have a permit of three working days, which may be up to five working days when a transfer to another location is required, in which case it shall be five working days.

Such leave shall be reduced to two and four working days, respectively, when the death and other circumstances indicated affect relatives in the second degree of affinity or consanguinity.

6. By birth, custody for the purpose of adoption, fostering or adoption, judges and magistrates shall be entitled to a paternity leave of four weeks ' duration, to be granted by the father or other parent from the date of birth, administrative custody decision for the purposes of adoption or foster care, or a court decision constituting the adoption.

This permit is independent of the sharing of the leave in the event of childbirth, custody for the purposes of adoption, foster care or adoption provided for in paragraph 2.

See the Agreement of 28 February 2019. Ref. BOE-A-2019-3524adapting the paternity leave provided for in paragraph 6 to the provisions of Article 1. 49.c) Royal Legislative Decree 5/2015 of 30 October, approving the consolidated text of the Basic Statute of the Public Employee. Ref. BOE-A-2015-11719

7. Judges and magistrates shall have at least all the rights established for members of the General Administration of the State and which shall entail an improvement in conciliation, permits, licences and any other rights recognized in this field. The General Council of the Judiciary shall have the obligation to adapt immediately, by agreement of the Plenary Assembly, any modification which, in compliance with these requirements, takes place in the said regime. All this, without prejudice and regardless of the particularities of the professional status of judges and magistrates, as well as the promotion of their own improvements through the corresponding channels.

Paragraph 8 is deleted and paragraphs 2, 4, 6 and 7 are amended by Article 21 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraph 4 is amended by the sole article.3 of Organic Law 4/2014 of 11 July. Ref. BOE-A-2014-7368.

Paragraphs 3 and 4 are amended and Article 8 is added by the sole Article 19 to 21 of the Orgamic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

It is amended by additional provision 3.12-14 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by article 108 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 374.

If he is unable to attend the office because he is ill, he shall inform the President on whom he is immediately dependent and shall apply for leave of absence attesting to the illness and the medical insurance of the time required for his reinstatement.

It is amended by article 22 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

Article 375.

1. Sick leave, after the sixth month, shall be entitled only to the basic and family allowances, without prejudice to their supplement, as appropriate, under the applicable social security scheme.

2. Leave to study in general shall entitle them to basic and family allowances. Licences to conduct studies related to the jurisdictional function shall be issued without limitation of holdings.

Notwithstanding the foregoing, days of leave to study, whether or not related to the judicial function, for a period exceeding 20 days per year shall not be entitled to any remuneration, except for those days for which compulsory training activities are intended because of change of order or speciality, which shall be without limitation of assets in any case.

3. Other licences and permits shall not affect the remuneration regime of the person who enjoys them, without prejudice to the provisions of this Act. In the case of sick leave, members of the Judicial Service, who are temporarily incapacitated by common contingencies, will receive fifty per cent of both basic and supplementary remuneration, as well as, where appropriate, dependent child benefit, from the first to the third day of the situation of temporary disability, taking as reference those received in the immediate month prior to the situation of temporary incapacity. From the fourth day to the twentieth day, both will receive seventy-five per cent of both basic and supplementary remuneration, as well as child allowance, if any. From the twenty-first day and until the one hundred and eighty day, including, they shall receive the full basic remuneration, the child allowance, if any, and the supplementary remuneration. Where the situation of temporary incapacity results from professional contingencies, the remuneration to be received may be supplemented from the first day, until the remuneration of such staff in the month preceding the loss of incapacity is reached at most.

From the one hundred and eighty-one day onwards, the allowance provided for in paragraph 1(B) of Article 20 of Royal Legislative Decree 3/2000 of 23 June 2000approving the consolidated text of the existing legal provisions on the special social security scheme for staff employed by the Administration of Justice.

The competent body shall determine the cases in which a supplement may be established exceptionally and duly justified to a maximum of 100 per cent of the remunerations they have been receiving at any given time. For this purpose, the cases of hospitalization and surgical intervention shall in any event be considered duly justified.

In no case may officials attached to special social security schemes managed by administrative mutualism receive a lower amount of temporary incapacity due to contingencies common to those of officials under the general social security scheme, including, where appropriate, supplements applicable to them.

References to days included in this number shall be understood to be made to calendar days.

Paragraphs 2 and 3 are amended by article 23 and 24 of Organic Law 8/2012 of 27 December. Ref. BOE-A-2012-15648.

The provisions of transitional provision 5 shall be taken into account for the application of paragraph 3.

Article 376.

Where exceptional circumstances so require, the enjoyment of licences or permits may be suspended or revoked, with the Judges and Judges being ordered to join the Court or Court.

Article 377.

The legal regime governing licences and permits shall be developed by regulation, determining the authority to which they are to be granted and their duration, and the extent to which they are not provided for in this Act.

TITLE II

Judicial independence

CHAPTER I

Removability of judges and magistrates

Article 378.

1. Judges and magistrates holding judicial office shall be held in irremovable.

2. Those who have been appointed for a specified period of time shall be eligible for immobility only for that period.

3. Cases of resignation, leave of absence, transfer and promotion shall be governed by the specific rules laid down in this Act.

Article 379.

1. The status of Judges shall be terminated for the following reasons:

(a) Resignation of the judicial career. In this case, those provided for in 322 and 357-3 shall be deemed to have taken place.

(b) Loss of Spanish nationality.

(c) Under disciplinary sanctions for separation from the judicial career.

(d) For a sentence of deprivation of liberty on the ground of an intentional offence. In cases where the penalty is not more than six months, the General Council of the Judiciary may, on a reasoned basis and in the light of the entity of the offence committed, replace the loss of the status of judge with the penalty provided for in article 420.1 (d).

(e) For having incurred any of the causes of incapacity, unless his retirement is appropriate.

(f) Retirement.

2. Separation in the cases referred to in points (b), (c), (d) and (e) of the preceding paragraph shall be agreed upon on the basis of a case file, with the intervention of the Public Prosecutor.

Paragraph 1(d) is amended by Art. 6.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 380.

Those who have lost their status as judges in any of the cases referred to in subparagraphs (a), (b), (c) and (d) of the preceding article may request their rehabilitation from the General Council of the Judiciary, after obtaining that established in the Spanish Criminal CodeIf necessary.

It is amended by art. 6.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 381.

1. Rehabilitation shall be granted by the General Council of the Judiciary when it is established that the case which led to the separation is definitively terminated or that there is no case, if any, and the circumstances of any order are assessed.

2. If rehabilitation is refused, no new procedure may be initiated to obtain it within the next three years, a period to be counted from the initial decision of the General Council of the Judiciary.

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 382.

The judge or magistrate who has been rehabilitated shall be appointed in accordance with the provisions of this law.

Article 383.

The suspension of judges shall take place only in the following cases:

1. If the offence committed in the performance of his duties has been declared to have been committed against them.

2. Where an order of imprisonment, bail or prosecution has been issued against them for any other intentional offence.

3. When it is decreed in disciplinary proceedings or incapacity proceedings, either on a provisional basis or on a definitive basis.

4. A final conviction imposing as a main or ancillary penalty suspension, where separation does not take place.

Article 384.

1. In the case of the first two paragraphs of the preceding article, the judge or court hearing the case shall inform the General Council of the Judiciary, which shall make the suspension effective after hearing the Public Prosecutor ' s Office.

2. In the case of paragraph 4, the Court shall transmit testimony of the judgement to the General Council of the Judiciary.

3. The suspension shall last, in the cases of paragraphs 1 and 2 of the preceding article, until the case has been ordered to be dismissed. In other cases, for all the time the sentence, penalty or precautionary measure is extended.

Article 385.

Judges and magistrates may be retired only:

1st By age.

2. Permanent incapacity for the performance of his duties.

Article 386.

1. Retirement by age of judges is compulsory and shall be decreed in good time for the termination of the post to take place effectively upon reaching the age of seventy years.

They may, however, request two months in advance of that time to extend their stay in active service until they reach a maximum of seventy-two years. Such an application shall bind the General Council of the Judiciary which may refuse it only if the applicant does not meet the age requirement or when the application is submitted after the specified time limit.

2. They may also retire from the age of sixty-five years provided that they have stated this to the Council and General of the Judiciary six months in advance, without prejudice to the other voluntary retirement cases provided for by law.

3. Judges shall retain the honours and treatment corresponding to the category attained at the time of retirement.

Paragraph 1 is amended and Article 3 is added by the sole article 50 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Please take into account additional provision 6 of the above-mentioned Organization Act as regards the extension of active service of prosecutors and lawyers of the Administration of Justice and transitional provision 9 as regards the period of application for the extension of the stay of active service.

It is amended by art. 2.2 of Organic Law 7/1992 of 20 November. Ref. BOE-A-1992-25817

Article 387.

1. Where permanent incapacity is found in a judge or judge, the relevant Governing Chamber shall, in itself, at the request of the Public Prosecutor ' s Office or the person concerned, make a proposal for retirement to the General Council of the Judiciary.

2. The case of permanent disability may also be initiated by the General Council on its own initiative or at the request of the Public Prosecutor's Office.

3. Retirees for permanent incapacity may be rehabilitated and returned to active service if they prove that the cause of retirement has disappeared.

Article 388.

The procedures for separation, transfer, retirement on the grounds of permanent disability and rehabilitation shall be conducted with a hearing of the person concerned and a report from the Public Prosecutor ' s Office and the relevant Government Chamber, without prejudice to any other justifications, and shall be decided by the General Council of the Judiciary.

CHAPTER II

Incompatibilities and prohibitions

Article 389.

The position of judge is incompatible:

1. With the exercise of any other jurisdiction other than that of the judiciary.

2. With any position of popular choice or political designation of the State, Autonomous Communities, Provinces and other local entities and bodies dependent on any of them.

3. With the jobs or positions provided or paid by the State Administration, the Cortes Generales, the Royal House, Autonomous Communities, Provinces, Municipalities and any entities, agency or enterprises dependent on one or another.

4. With all kinds of jobs in courts and tribunals of any court order.

5.o With all employment, position or profession remunerated, except for teaching or legal research, as well as literary, artistic, scientific and technical production and creation, and publications derived from it, in accordance with the provisions of the legislation on incompatibilities of staff in the service of public administrations.

6. With the practice of the Bar and the Office of the Procurator.

7. With all kinds of legal advice, whether or not paid.

8.o With the exercise of any commercial activity, by itself or by another.

9.o With the functions of Director, Manager, Administrator, Counsellor, collective partner or any other that involves direct, administrative or economic intervention in companies or commercial enterprises, public or private, of any kind.

Article 390.

1. Those who, in any employment, position or profession of those referred to in the preceding article, are appointed Judges or Judges, shall, within eight days, opt for one or the other position or cease to exercise the incompatible activity.

2. Those who do not make use of this option within the prescribed time limit shall be deemed to have waived the judicial appointment.

Article 391

They may not belong to the same Chamber of Justice or Provincial High Court, judges who are united by marriage or equivalent factual status, or have kinship with each other within the second degree of consanguinity or affinity, unless, by legal provision or by application of articles 155 and 198.1 of this Law, several sections exist, in which case they may be integrated into different sections, but may not form a Chamber together.

Nor may judges or judges be members of the same Governing Chamber united with each other for any of the links referred to in the preceding paragraph. This provision applies to Presidents.

It is amended by art. 12 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Paragraph 3 is amended by Art. 3.7 of Organic Law 7/1988 of 28 December. Ref. BOE-A-1988-29621

Article 392

1. Judges or magistrates may not intervene in the decision of appeals relating to decisions rendered by those having any of the relations referred to in the preceding article, or in subsequent stages of the proceedings which, by their very nature, involve an assessment of what they have previously done.

By virtue of this principle, in addition to the obligation to abstain, provided that any of the links referred to in the preceding article are entered into, they are incompatible:

(a) Examining judges with single-person criminal judges who are required to hear oral proceedings against the accused and with the judges of the Section who are present in the same case.

(b) The judges of any Chamber of Justice, whether or not they constitute an organizational section, to which the knowledge of the appeals in respect of the decisions of a court, whatever the order to which it belongs, is attributed with the judges or judges of that body. The Chambers and Sections of the Supreme Court are excluded from this incompatibility.

2. They shall be incompatible where any of the relations referred to in the preceding article are between them:

(a) The Presidents and Judges of the Criminal Division of the National High Court and the Provincial High Courts, in respect of the members of the Public Prosecutor ' s Office of the Public Prosecutor ' s Office, except where there are more than three sections in the Provincial High Court.

(b) The Presidents and Judges of the Civil and Criminal Chamber in respect of the Chief Prosecutor and Deputy Prosecutor of that body.

(c) Investigating judges and single-person criminal judges, with respect to prosecutors assigned to prosecutors ' offices in the territorial sphere of which they exercise jurisdiction, with the exception of parties where there are more than five organs of the class concerned.

(d) The Presidents, Judges and Judges in respect of the Secretaries and other personnel in the service of the Administration of Justice who are directly responsible for them.

It is amended by art. 12 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 393.

Judges, judges, magistrates and magistrates may not serve:

1. In the courts where they usually practice, as a lawyer, lawyer, procurator or attorney, their spouse or a relative within the second degree of consanguinity or affinity. This incompatibility shall not apply in populations where the Civil and Pre-Trial Sections of the Courts of Instance constituting Single Sections have 10 or more judicial places or where there are Chambers with three or more Sections.

2. In a Provincial High Court or Court of Instance which comprises within its territorial district a population in which, because of its possession, its spouse or relatives of second degree of consanguinity economic interests, they have roots that may hinder them from exercising their judicial function impartially. Except for the populations of more than one hundred thousand inhabitants in which the seat of the court is located.

3. In a hearing or in the specific position of the Section of the Court of Instance where they have served as a lawyer or prosecutor in the two years preceding their appointment.

It is amended by art. 1.75 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Drafted paragraph 3 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 394.

1. Where an appointment results in a situation of incompatibility with those provided for in the preceding articles, the same shall be without effect and shall be forcibly assigned to the judge or judge, without prejudice to any disciplinary responsibility that might have been incurred.

2. Where the situation of incompatibility arises under the circumstances, the General Council of the Judiciary shall forcibly transfer the judge or judge, in the case of number 1 of the preceding article, or the last person appointed in the remaining articles. If necessary, he may propose to the Government the transfer of the incompatible member of the Public Prosecutor's Office, if he is of a lesser length. The forced destination shall be in charge of not changing residence if there is a vacancy, and in such case it shall not be announced at the supply contest.

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 395.

Judges or magistrates may not belong to political parties or trade unions or have employment in the service of political parties or trade unions, and shall be prohibited from:

1. To address to the authorities, authorities and public officials or official corporations congratulations or censorship on their actions, or to attend, as members of the judiciary, any public acts or meetings which are not judicial in nature, except those which are intended to complete the King or for which they have been summoned or authorized to attend by the General Council of the Judiciary.

2. To take more part in legislative or local elections than to cast their personal vote. They shall, however, perform the functions and perform the duties inherent in their duties.

Point 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 396.

Judges may not disclose facts or news concerning natural or legal persons known to them in the performance of their duties.

Article 397.

The competence to authorize, recognize or deny compatibility under this chapter is vested in the General Council of the Judiciary, following a report by the President of the respective Court or Court.

CHAPTER III

Immunity from prosecution

Article 398.

1. Judges and magistrates in active service may be detained only by order of the competent judge or in case of flagrante delicto. In the latter case, the necessary safeguards shall be taken and the detainee shall be immediately handed over to the nearest investigating judge.

2. The President of the Court or the hearing of the judge or magistrate shall be informed of any arrest by the most expeditious means. The appropriate preventive measures shall be taken by the appropriate judicial authority to deal with the replacement of the detainee.

Article 399.

1. The civilian and military authorities shall refrain from intimating the Judges and Judges and from summoning them to appear before them.

Where a civilian or military authority needs data or statements that a judge or judge may provide, and which do not relate to his or her position or function, they shall be requested in writing or received at the official office of the judge, upon notice.

2. In the case of assistance or cooperation on the basis of office or judicial function, it shall be provided without delay, unless the act to be carried out is not legally permitted or the jurisdiction of the judge or court is impaired. The refusal shall be communicated to the requesting authority with sufficient expression of the reason for the refusal.

Article 400.

Where a statement by a judge or judge is necessary in the course of criminal proceedings and may be given by law, the judge may not excuse himself or herself from doing so. If the judicial authority to be given the declaration is of lower rank, it shall, upon notice, go to the official office of the judge or magistrate, indicating the date and time.

CHAPTER IV

Professional association of judges

Article 401.

In accordance with the provisions of Article 127 of the Constitutionthe right of free professional association of judges and magistrates in the judicial profession is recognized and shall be exercised in accordance with the following rules:

1. Associations of judges and magistrates shall have legal personality and full capacity for the fulfilment of their purposes.

2.a They may have as lawful purposes the defence of the professional interests of their members in all respects and the carrying out of activities aimed at the service of justice in general. They shall not engage in political activities or have links with political parties or trade unions.

3.a Associations of judges and magistrates shall have national jurisdiction, without prejudice to the existence of sections whose scope coincides with that of a High Court of Justice.

4.a Judges and magistrates may freely associate or not associate with professional associations.

5.a Only those who are judges and magistrates in active service may be members of the Court. No judge or magistrate may be affiliated with more than one professional association.

6.a Professional associations of judges and magistrates who are members of the judicial profession shall be validly constituted since they are registered and shall be carried out for that purpose by the General Council of the Judiciary. Registration shall be carried out at the request of any of the promoters, accompanied by the text of the statutes and a list of members.

Registration may only be refused if the association or its statutes do not comply with the legally required requirements.

7.a The statutes shall state at least the following particulars:

(a) Name of the association.

(b) Specific purpose.

(c) Organization and representation of the association. Its internal structure and functioning must be democratic.

(d) Membership regime.

(e) Economic means and quota regime.

(f) Ways of electing the leadership of the association.

8.a The suspension or dissolution of professional associations shall be subject to the regime established for the right of association in general.

9.a The rules governing the right of association in general shall be applicable as a supplement.

It is amended by article 109 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written out points 7 and 8 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

CHAPTER V

Economic independence

Article 402.

1. The State guarantees the economic independence of judges and magistrates by means of remuneration appropriate to the dignity of the judicial function.

2. It shall also guarantee a social security scheme that protects judges and magistrates and their family members during active service and retirement.

Article 403.

1. The system of remuneration of judges and magistrates shall be based on the principles of objectivity, fairness, transparency and stability, taking into account the commitment to the judicial function, the category and the time of service. In addition, responsibility for the post and the job shall be remunerated.

2. In any event, the remuneration of judges and magistrates shall be composed, on a general basis, of a fixed component and a variable by objective, which specifically assesses their individual performance.

3. Fixed remunerations, which shall be decomposed into basic and supplementary allowances, shall remunerate the status and seniority of each of their members in the judicial career, as well as the objective characteristics of the places they occupy.

The basic remuneration is salary and seniority. Additional benefits are the destination complement, the specific complement and the professional career complement.

4. Variable remunerations by objective shall be linked to the individual performance credited by each judge or magistrate in the performance of his or her judicial and professional duties.

5. In addition, judges and magistrates may receive special remuneration for on-call services, extraordinary services without relief from duties and replacements.

6. A law shall develop, in accordance with the provisions of the preceding paragraphs, the remuneration of members of the judicial profession.

Paragraph 3 is amended by Article 22 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 110 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 404.

In addition to the other provisions relating to the remuneration of judges, judges, magistrates and magistrates, the General Budget of the State shall contain an annual appropriation for the allocation of justices of the peace, other services of judicial personnel which give rise to the provisions of this law and other requirements of the Administration of Justice.

It is amended by art. 1.76 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 111 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 404 bis.

In accordance with the principle of jurisdictional supremacy contained in the Article 123 of the Constitution and in accordance with the nature of the exercise of the judiciary provided for in this Law, the remuneration of the judges of the Supreme Court shall be established in a similar amount to that of the holders of other high constitutional bodies, taking into account the nature of their functions.

It is added by art. 5.8 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

Text added, published on 05/12/1997, in force from 06/12/1997.

TITLE III

Responsibility of Judges

CHAPTER I

Criminal responsibility

Article 405.

The criminal liability of judges for offences or misdemeanours committed in the exercise of their functions shall be required in accordance with the provisions of this Act.

Article 406.

The trial of criminal responsibility against judges may be initiated by an order of the competent court or by a complaint from the Public Prosecutor ' s Office, or by the injured or offended person, or by the exercise of popular action.

Article 407.

Where the Supreme Court, on the basis of the proceedings or cases before it or by any other means, has received notice of any act of judges or magistrates performed in the exercise of his office and which may be classified as an offence or a misdemeanour, it shall, in advance of hearing the Public Prosecutor, inform the competent Court for the purpose of initiating the case. The High Courts of Justice and Hearings shall likewise do so, if necessary.

Article 408.

Where other judicial authorities have knowledge, through the proceedings in which they intervene, of the possible commission of an offence or misdemeanour by a judge or magistrate in the exercise of his or her office, they shall inform the competent judge or court, after hearing the Public Prosecutor, of the facts required.

Article 409.

Where the General Council of the Judiciary, the Government or other organ or authority of the State or of an Autonomous Community considers that a judge or magistrate has committed, in the exercise of his or her office, an act which may constitute an offence or a misdemeanour, he or she shall bring to the attention of the Public Prosecutor in case of criminal prosecution, without prejudice to the provisions of article 406.

Article 410.

In the event that any party to a proceeding, or any person having an interest in it, makes a complaint against the judge or judge who must decide in such proceedings, the competent body may, prior to the admission of the judge, seek such information as it considers appropriate in order to determine its own jurisdiction and the criminal relevance of the acts that are the subject of the proceedings or the verisimilitude of the charge.

It is amended by article 112 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is repealed by additional provision 1 of Organic Law 5/1995 of 22 May. Ref. BOE-A-1995-12095

CHAPTER II

Civil liability

Articles 411 to 413.

(Deleted).

They are deleted by article the sole Article, point 51 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

CHAPTER III

Disciplinary responsibility

Article 414.

Judges and magistrates are subject to disciplinary liability in cases and with the guarantees laid down in this Act.

Article 415.

1. Disciplinary liability may only be required by the competent authority, by the procedure laid down in this Chapter.

2. The initiation of criminal proceedings shall not preclude the initiation of disciplinary proceedings for the same acts, but a decision shall not be rendered in the same case until a final judgement or decision has been handed down in the criminal case.

In any event, the statement of proven facts contained in the decision terminating the criminal proceedings shall be linked to the decision rendered in the disciplinary case, without prejudice to any different legal qualification that they may merit in either way.

3. Criminal and disciplinary sanctions may be imposed on the same acts only where there is no identity of a legal basis and protected legal good.

It is amended by art. 7.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 416.

1. Misdemeanours committed by judges and magistrates in the exercise of their functions may be very serious, serious and minor.

2. Very serious offences will be prescribed at two years, severe offences at six months and minor offences at six months.

The limitation period shall begin to be counted after the offence has been committed. However, in the case provided for in article 417.5, the limitation period shall begin on the basis of the finality of the judgement or the decision of the General Council of the Judiciary declaring the civil liability of the judge.

3. The statute of limitations shall be interrupted from the date of notification of the agreement to initiate disciplinary proceedings or, where appropriate, of the information proceedings relating to the conduct investigated by the judge or judge.

The statute of limitations is again valid if the proceedings or proceedings remain suspended for six months for reasons not attributable to the judge or judge subject to the disciplinary case.

Paragraph 2 is amended by article the sole Article, point 52 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 7.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 417.

They are very serious faults:

1. Conscious breach of the duty of fidelity to the Constitution Article 5.1 of this Act, if this is to be found in a final judgement.

2. Membership in political parties or unions, or the performance of jobs or positions in their service.

3. The repeated provocation of serious confrontations with the authorities of the district in which the judge or magistrate holds office, for reasons unrelated to the exercise of the judicial function.

4. Intrusion, by orders or pressure of any kind, in the exercise of the jurisdictional power of another judge or magistrate.

5. Actions and omissions which have resulted in a declaration of civil liability in the exercise of the function for serious fault or fault pursuant to Article 296(2) in a final judgement or a final decision issued by the General Council of the Judiciary.

6. The exercise of any of the activities incompatible with the office of judge or magistrate, as provided for in article 389 of this Act, except those which may constitute serious misconduct pursuant to article 418.14 of this Act.

7. Provoking the appointment to courts and tribunals when the appointed person is in any of the situations of incompatibility or prohibition provided for in articles 391 to 393 of this law, or maintaining his or her position in such bodies without bringing to the attention of the General Council of the Judiciary the circumstances necessary to proceed with the forced transfer provided for in article 394.

8. Failure to observe the duty of abstention knowing that any of the cases provided for by law have been brought.

9. Unjustified and repeated neglect or delay in the initiation, processing or resolution of proceedings and cases or in the exercise of any of the judicial powers.

10. The abandonment of service or the unjustified and continuous absence, for seven calendar days or more, of the seat of the judicial body in which the judge or magistrate is assigned.

11. Failure to know the truth in the application for permits, authorizations, compatibility declarations, allowances and financial aid.

12. The disclosure by the judge of facts or information known to him or her in the exercise of his or her functions or on the occasion of his or her duties, where any damage is caused to the conduct of proceedings or to any person.

13. Abuse of the status of judge in order to obtain favourable and unjustified treatment of authorities, officials or professionals.

14. Inexcusable ignorance in the performance of judicial duties.

15. The absolute and manifest lack of motivation for the judicial decisions that require it, provided that such failure has been assessed in a final judicial decision. If the reasoned decision is not subject to appeal, it shall be necessary to proceed with the complaint of the party to the proceedings.

16. The commission of a serious offence where the judge or magistrate has previously been punished for two other serious offences, which have become final, without having been cancelled or the corresponding entries have been cancelled, in accordance with article 427 of this Act.

Point 5 is amended by article 53 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 131 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.3 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 418.

These are serious offences:

1. The lack of respect for superiors in the hierarchical order, in their presence, in writing addressed to them or with publicity.

2. By any kind of recommendation, be interested in the exercise of the judicial activity of another judge or magistrate.

3. To address the powers, authorities or public officials or official corporations congratulations or censorship for their actions, invoking the status of judge, or using this condition.

4. Correct the application or interpretation of the legal system by the inferior in the court order, except when acting in the exercise of jurisdiction.

5. Excess or abuse of authority, or serious disregard for citizens, institutions, secretaries, forensic doctors or other personnel in the service of the Administration of Justice, members of the Public Prosecutor ' s Office, lawyers and prosecutors, social graduates and judicial police officers.

6. The use in court decisions of unnecessary or inappropriate, extravagant or manifestly offensive or disrespectful expressions from the point of view of legal reasoning. In this case, the General Council of the Judiciary shall proceed only after having received evidence or communication from the higher court concerning the person who issued the decision, and who hears the decision by appeal.

7. To cease to promote the requirement of disciplinary responsibility for secretaries and subordinate auxiliary personnel, when they know or should know about serious breaches of their duties by them.

8. Reveal the judge or magistrate and outside the established channels of judicial information, facts or information of those they know in the exercise of their functions or in the course of their duties, where it does not constitute the very serious offence of article 417, paragraph 12, of this Act.

9. The abandonment of service or the unjustified and continued absence for more than three calendar days and less than seven days from the seat of the judicial body in which the judge or magistrate is assigned.

10. The unjustified and repeated non-compliance with public hearings and the unjustified absence of attendance at public hearings, where such failure does not constitute a serious offence.

11. The unjustified delay in the initiation or processing of proceedings or cases before the judge or magistrate in the exercise of his or her functions, if not a very serious offence.

12. The repeated failure or disregard of the requests made by the General Council of the Judiciary, the President of the Supreme Court, the National High Court and the High Courts of Justice or Government Chambers in the exercise of their legitimate powers, or the obstruction of their inspection functions.

13. Failure to produce a statement or list of pending cases in the case provided for in Article 317(3) of this Act.

14. The exercise of any activity considered compatible referred to in article 389.5.o of this law, without obtaining, when the relevant authorization is provided for or having obtained it with lack of truth in the alleged budgets.

15. Unreasonable abstention, if so declared by the Governing Chamber, in accordance with article 221.3 of this Act.

16. To adopt decisions that, with evident procedural abuse, generate fictitious increases in the workload in relation to the measurement systems established by the General Council of the Judiciary.

17. Obstacle inspection work.

18. The commission of a minor offence having previously been punished by a final decision for two other minor offences without having been cancelled or cancelled, as provided for in article 427.

It is amended by article 141 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.4 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 419.

They are minor faults:

1. Disrespect of superiors in circumstances that would qualify as serious misconduct.

2. Discontinuance or neglect with equal or inferior persons in the hierarchical order, with citizens, members of the Public Prosecutor's Office, forensic doctors, lawyers and prosecutors, social graduates, with secretaries or other personnel serving in the Judicial Office, or with judicial police officers.

3. Unreasonable or unmotivated failure to comply with the legally established time limits for making a decision in any kind of case before the judge or magistrate.

4. The unjustified and continued absence for more than one calendar day and less than four of the seat of the judicial body on which the judge or magistrate is assigned.

5. Failure to comply with the requirements of the General Council of the Judiciary, the President of the Supreme Court, the National High Court and the High Courts of Justice or Government Chambers in the exercise of their legitimate powers.

It is amended by article 115 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.5 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 420.

1. The penalties that may be imposed on judges and magistrates for misdemeanours committed in the exercise of their functions are:

(a) Warning.

(b) Fine of up to Euro6,000.

(c) Forced transfer to a court or tribunal with a separate seat, at least 100 kilometres from the court or tribunal in which it was assigned.

(d) Suspension for up to three years.

(e) Separation.

A judge or judge who is sentenced to forced transfer may not contest within one to three years. The duration of the prohibition on competition must be determined by the decision terminating the procedure.

2. Minor offences may only be punished by warning or a fine of up to 500 euros or both; serious offences with a fine of 501 to 6,000 euros; and very serious offences with suspension, forcible transfer or separation.

3. The penalties imposed for very serious offences shall be imposed at two years; those imposed for serious offences per year, and for minor offences within the period prescribed by the Spanish Criminal Code for the prescription of faults. Such limitation periods shall begin to be counted from the day following the day on which the decision imposing the sanctions becomes firm.

Paragraph 2 is amended by article 54 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 1(b) is amended by the sole article 116 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.6 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 421.

1. The following shall be competent to impose sanctions:

(a) For the purpose of the sanction of warning, the President of the Supreme Court, the National High Court and the High Courts of Justice, judges and magistrates attached to them.

(b) For the punishment of a fine or a warning or a fine corresponding to minor offences, the Governing Chambers of the Supreme Court, the National High Court and the High Courts of Justice in respect of judges and magistrates under each of them.

(c) The Disciplinary Commission of the General Council of the Judiciary for penalties for serious misconduct.

(d) For the most serious cases, the plenary session of the General Council of the Judiciary, on the proposal of the Disciplinary Commission.

2. However, the bodies referred to in the previous rules may impose penalties of less gravity than those they are normally assigned if, when examining a file that is initially attributed to their competence, it appears that the facts that are the subject of the regulation deserve a lesser disciplinary reproach.

3. The imposition of sanctions by the competent authorities and bodies shall ensure that the offence is appropriately or proportionately serious and that the penalty applied is not imposed.

It is amended by article 117 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.7 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 422.

1. The penalty of warning shall be imposed without further delay than the hearing of the person concerned, subject to summary information.

A person liable to punishment may, before resorting to administrative litigation, administrative remedy and, where appropriate, the complainant may apply to the judicial remedy in accordance with the rules of legality laid down in the law regulating the said jurisdiction, bring an action against the decision in respect of such punishment.

2. The remaining penalties shall be imposed in accordance with the procedure laid down in the following Articles.

3. The penalties referred to in article 421.1(d) of this Act shall be imposed by the plenary of the General Council of the Judiciary, on a proposal from the Disciplinary Commission and after hearing the judge or magistrate against whom the case is directed, who may plead and submit such documents as he deems relevant within a period of not less than 10 days and not more than 15 days if the proposal is separated from that formulated by the investigator.

It is amended by article 118 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 7.8 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 423.

1. The disciplinary procedure shall be initiated ex officio in all its proceedings and shall be initiated either by agreement of the relevant Governing Chamber or President or, where appropriate, of the Disciplinary Commission or of the Plenary Assembly of the General Council of the Judiciary, or on its own initiative, as a result of a reasoned order or request from a different body or of a complaint. It will also be initiated at the request of the Public Prosecutor ' s Office.

2. Any complaint concerning the functioning of the judicial administration in general and the actions of judges and magistrates in particular shall be the subject of a report within one month by the Chief of the Inspection Service of the General Council of the Judiciary, in which it may be proposed that the case be closed, that information be opened or that disciplinary proceedings be initiated directly.

3. A reasoned decision issued by the Governing Chamber or the Disciplinary Commission on the initiation of the case shall be notified to the complainant, who shall not challenge it in administrative proceedings, without prejudice to the standing of the complainant as being interested in the judicial proceedings.

If disciplinary proceedings are initiated, the complainant shall be notified of the decisions which are required and may make submissions, but shall not appeal the decision of the case in administrative proceedings, without prejudice to the standing of the complainant as being interested in the judicial proceedings.

4. The agreement to initiate the proceedings shall designate a delegated instructor of at least the same rank as the person against whom the proceedings are directed. On the proposal of the delegated instructor, a secretary shall be appointed.

It is amended by article 119 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.9 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 424.

1. The Disciplinary Commission of the General Council of the Judiciary, on its own initiative, after hearing the delegated investigator or on his proposal, may, after hearing the judge or judge against whom the case is directed and the Public Prosecutor's Office, within a common period of not more than five days, give provisional suspension of the case for a maximum period of six months, where there are reasonable indications of a very serious offence.

2. Against the agreement referred to in the previous number, the person concerned may appeal to the plenary session of the General Council of the Judiciary, in accordance with the terms set out in articles 142 and 143 of this law.

It is amended by article 120 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 7.10 Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 425.

1. The delegated investigator shall conduct all necessary evidence and proceedings to establish and verify the facts and responsibilities liable to sanctions, with the intervention of the Public Prosecutor and the person concerned, who may avail himself of counsel from the outset of the file.

2. In the light of the evidence and proceedings carried out, the delegated investigator shall, if appropriate, formulate statement of objections, setting out the facts challenged, if any, in terms of the alleged misconduct and the penalties that may apply.

The statement of objections shall be notified to the person concerned so that within eight days he or she may reply and propose the evidence he or she needs, the relevance of which shall be assessed by the delegated instructor.

3. If the statement has been answered or the time limit has expired without doing so, and if the evidence proposed by the person concerned has been applied, the investigator shall, after hearing the Public Prosecutor's Office, make a proposal for a resolution, in which he shall set out the facts with precision, make a legal assessment of the facts and indicate the sanction he considers appropriate.

Such a motion for a resolution shall be notified to the person concerned so that within eight days he or she may allege what is in his or her right.

4. The procedure shall be completed or after the time limit for the procedure, referred to the authority which ordered the initiation of the procedure for the relevant decision. Where that authority considers appropriate a penalty of greater gravity than those within its competence, it shall refer the procedure, with its proposal, to which it is competent.

5. The competent authorities may return the dossier to the delegated investigator to include other facts in the statement of objections, complete the instruction or submit to the person concerned a motion for a resolution containing a more serious legal qualification.

6. The duration of the sanction procedure shall not exceed one year.

7. The resolution terminating the disciplinary procedure shall be reasoned and shall not provide for facts other than those which served as the basis for the motion for a resolution, without prejudice to its different legal assessment provided that it is not more serious.

8. The decision must be notified to the person concerned and to the Public Prosecutor's Office, who, if the agreement is reached by the Government Chamber or the Disciplinary Commission, may bring an administrative appeal against him, without prejudice to those who legally proceed in judicial proceedings. The complainant shall also be notified, if any, who may appeal only in contentious administrative proceedings where appropriate.

Associations of judges and magistrates shall also be entitled to lodge, on behalf of their associates, a contentious administrative appeal, provided that their express authorization is established.

9. The sanctioning decision shall be enforceable if the administrative remedy is exhausted, even if an administrative appeal has been lodged, unless the Court agrees to suspend it.

Paragraph 6 is amended by article 23 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by art. 7.11 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 425 bis.

1. The rules on abstention and disqualification laid down in the Articles 28 and 29 of the Law on Legal Regime of Public Administrations and the common administrative procedure shall apply to the delegated investigator and to the secretary of the disciplinary file.

2. The right of challenge may be exercised from the moment the person concerned has formal knowledge of the identity of the delegated instructor and the secretary.

3. Abstention and disqualification shall be brought before the body that agreed to the appointment, which, after hearing the delegated investigator or the secretary, shall decide within three days.

4. No appeal shall be lodged against agreements adopted in respect of abstention and disqualification, without prejudice to the fact that the person concerned may plead the challenge in the notice of appeal lodged against the agreement terminating the disciplinary proceedings.

It is added by the sole article 121 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 426.

1. Disciplinary sanctions shall be recorded in the personal file of the person concerned, with an expression of the acts charged.

2. The authority which imposes them shall ensure that this is done.

Article 427.

1. The notation of the penalty of warning shall be cancelled for the duration of the period of six months after it became final, if during that time the penalty has not resulted in another disciplinary procedure ending with the imposition of the penalty.

2. The remaining penalties, with the exception of separation penalties, may be cancelled at the request of the person concerned and after hearing the Public Prosecutor's Office, when at least one, two or four years have elapsed since the final imposition of the penalty, depending on whether the offence is minor, serious or very serious, and during this time the penalty has not resulted in a new disciplinary procedure ending with the imposition of the penalty.

3. The cancellation will erase the background to all effects.

TITLE IV

Judges under temporary provision

Article 428.

1. The vacancies of judges who are dismissed in competitions and until they are filled by ordinary procedures may be filled on a temporary basis.

2. All vacancies, including those served by temporary provisioning judges, shall be included in the calls for competitions. The latter must be announced at least once a year in the transfer contests.

Article 429.

The Governing Chambers of the High Courts of Justice shall weigh whether the vacant courts can be adequately served by substitution, extension of jurisdiction or commission of service, or whether they are insufficient to ensure their regular functioning. In this case, they shall submit to the General Council of the Judiciary a list of the courts that require its immediate temporary provision, together with a reasoned report justifying it.

Article 430.

The General Council, assessing that report and all background information available to it or deemed necessary, shall decide whether or not to make use of the special provision regime provided for in this Title, and shall communicate its decision to the relevant Governing Chamber.

Article 431.

1. Where this provision is authorized, the Governing Chamber of the High Court of Justice shall announce the competitive examination of all vacancies to be filled by this means within the Autonomous Community, in which only those law graduates who apply for one, several or all of the places called and who meet the other requirements for admission to the Judicial Career, except those resulting from retirement by age, may take part. A person who has reached the age of seventy-two years may not be proposed or served as a judge under temporary provision.

2. Those who have the most merit according to the following scale shall have preference, provided that no other circumstances exist that may lead to their lack of suitability:

(a) Those who hold the title of Doctor of Law.

(b) Those who have exercised judicial functions, as lawyers of the Administration of Justice or as a substitute for the Public Service with proven aptitude or other legal professions.

(c) Those who have approved oppositions for the performance of jobs in any public administration requiring the degree of law degree.

(d) Those who demonstrate university teaching in legal discipline.

(e) Those with better academic records.

(f) In the Autonomous Communities with their own right or language and right, their knowledge shall be considered as merit.

The above merits will be valued so that none of them, alone, can overcome the joint assessment of two others.

3. Appointments made shall be reported to the General Council, which shall terminate them if they are not in accordance with the law.

The reference to “judicial secretaries” in paragraph 2(b) is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 4.14 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Drafted paragraph 3 in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 432.

1. Judges appointed on a temporary basis shall be subject to the legal status of the members of the judicial profession during the period in which they hold such posts and shall be entitled to the remuneration specified by the Government in the budget estimates.

2. Appointments shall be made for one year, which may be extended for another year in accordance with the same procedure, except as provided for in point (e) of the following Article.

Paragraph 1 is amended by Article 4.15 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 433.

1. Persons holding temporary judicial places shall cease:

(a) In the course of the period for which they were appointed.

(b) By resignation, accepted by the Government Chamber that appointed them.

(c) To reach the age of seventy-two years.

(d) By decision of the said Chamber, if they are involved in any of the cases of incapacity, incompatibility or prohibition established by this Law, after summarily hearing the person concerned and the Public Prosecutor.

(e) By the latter's agreement, where they are found to be unfit or unfit for the exercise of their duties and when they fail to attend diligently to the duties of the latter with the same guarantees as as to the procedure laid down in the preceding paragraph.

(f) When a titular judge is appointed for the place served under temporary provision.

2. Discontinuances, whatever the cause that determines them, shall be reported to the General Council of the Judiciary.

Paragraph 1 is amended by Article 4.16 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

TITLE V

The continuing training of judges and magistrates

It is amended by article 122 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 1.15 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 433 bis.

1. The General Council of the Judiciary shall ensure that all judges receive continuous, individualized, specialized and high-quality training throughout their professional careers.

2. The General Council of the Judiciary shall establish by regulation a Plan for the Continuing Training of the Judicial Career, detailing the objectives, contents, training priorities and the multi-year programming of these actions.

3. Each member of the judicial career will have a specialized plan for continuing training, whereby training objectives will be individually programmed over five years, guaranteeing full adaptation to legal innovations with an impact on the exercise of their judicial functions.

The fulfilment of the objectives of the Specialized Training Plan for each of the judges and magistrates will be evaluated by the General Council of the Judiciary in the manner established by regulation, for promotion and professional advancement.

4. The Judicial School will develop the programmes and conduct the training courses that integrate the Continuous Training Plan for the Judicial Career, and therefore be able to carry out training activities in a decentralized manner, in the autonomous or provincial context, and through collaboration, where appropriate, with entities and bodies that are experts in the provision of the training in question.

5. The Continuing Training Plan for the Judicial Career will include specific courses of a multidisciplinary nature on judicial protection of the principle of equality between women and men, discrimination on the basis of sex, multiple discrimination and violence against women, as well as trafficking in all its forms and manifestations and training in the application of the gender perspective in the interpretation and application of the law, as well as including such training in a cross-cutting manner in the remaining courses.

In addition, the Continuing Training Plan will provide specific disciplinary courses on the judicial protection of the rights of children and adolescents. In any case, the approach to disability of children and adolescents will be introduced in training courses.

Paragraph 5 is amended by final provision 4.3 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraph 5 is amended by Article 10 of Organic Law 5/2018 of 28 December. Ref. BOE-A-2018-17988

Paragraph 5 is added by additional provision 3.15 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is added by article 122 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

TITLE VI

From the Legal Studies Centre of the Administration of Justice

It is added by article 122 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Its previous numbering was Title V.

Text added, published 26/12/2003, in force from 15/01/2004.

Article 434.

1. The Centre for Legal Studies of the Administration of Justice is a public law entity with its own legal personality under the Ministry of Justice.

2. It will work with the Ministry of Justice in the selection, initial and continuing training of members of the Public Prosecutor ' s Office, the Legal Service and other staff in the service of the Administration of Justice.

The Centre for Legal Studies will conduct training on the principle of equality between women and men and its cross-cutting application annually for those who are members of the Public Prosecutor ' s Office, the Legal Service and other personnel in the service of the Administration of Justice, as well as on the early detection and treatment of situations of gender-based violence.

In addition, the Centre for Legal Studies will conduct specific courses of a multidisciplinary nature on the judicial protection of children ' s and adolescents ' rights annually. In any case, the approach to disability of children and adolescents will be introduced in training courses.

3. The organization of the Centre and the appointment of managers shall be established by regulation. In addition, the Centre shall establish permanent relations with the competent bodies of the Autonomous Communities.

Paragraph 2 is amended by final provision 4.4 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

The second subparagraph of paragraph 2 is added by additional provision 3.16 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115.

It is amended by art. 1.15 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

BOOK V

OF THE COORDINATION BETWEEN ADMINISTRATIONS, THE JUDICIAL OFFICE AND THE REFERENCES AND REFERENCES OF THE ADMINISTRATION OF JUSTICE

The heading is amended by Art. 1.77 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

TITLE I

Coordination, organization and functioning of the administration system for judges and judges and courts

The heading is amended by Art. 1.78 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER I

Coordination and cooperation between administrations

The heading is amended by Art. 1.79 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by the sole article.123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 434 bis.

Administrations with powers in the field of justice will promote cooperation to ensure continuous improvement in the administration of justice by setting uniform quality standards throughout the State.

To this end, and through agreements or other instruments of collaboration and inter-administrative cooperation of those provided for in the legislation in force, structures for the definition, implementation and monitoring of projects shared between the different administrations may be articulated.

With the same objective, channels will be established to allow the participation of the Professional Councils that carry out their functions, mainly in relation to the Administration of Justice.

It is also established as a priority objective of cooperation to establish the material means to enable the whole procedure, communications and acts of procedural impetus to be fully developed in all the official languages of the State, thereby ensuring respect for the linguistic rights of citizens.

It is added by art. 1.79 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 434 ter.

1. The Commission for the Quality of the Public Service of Justice is hereby set up to prepare an annual report on the quality of the public service based on data. This report, among other issues, will assess the efficiency, universal accessibility and satisfaction of the user or user of the justice system, proposing to the competent administrations those regulatory or operational improvements and access to justice for all persons, on conditions of equality and non-discrimination, which it considers relevant, as well as setting annual objectives and common and homogeneous standards that contribute to the improvement of the quality of the public justice service. The Commission will carry out its work in the autonomous and state spheres. It may also carry out its work at the provincial level at the request of any member of the State or Autonomous Commission, provided that it considers it useful in view of the issues to be addressed. In this case, it shall be composed of one member from each of the institutions present in the Autonomous Commission and shall be convened and chaired by the President of the Provincial High Court.

2. This body, in order to contribute to the co-governance of the Administration of Justice, is structured into regional commissions and the State Commission for the Quality of the Public Service of Justice; it can operate in a provincial context in the case provided for in the previous paragraph.

3. The State Commission shall consist of one person representing each of the following bodies and institutions:

– Ministry of Justice.

– General Council of the Judiciary.

– Each of the Autonomous Communities with competences in the field of justice.

– Attorney General’s Office.

– General Secretariat of the Administration of Justice.

– General Council of the Spanish Bar.

– General Council of Attorneys of the Courts of Spain.

– General Council of Social Graduates.

– General Secretariat of the State Technical Committee on Electronic Judicial Administration.

– Trade union organisations most representative of the staff in the service of the Administration of Justice, elected by majority decision between them.

The Commission shall be chaired by the representative of the General Council of the Judiciary and by the representative of the Ministry of Justice for annual periods according to a rotating shift.

The Presidency shall be responsible for convening meetings and conducting meetings.

4. The Autonomous Commissions shall consist of the Presidency of the High Court or person to whom they delegate, who shall preside over it, the Counsellor or Counsel of Justice of the Autonomous Community in the case of autonomous communities with powers assumed in the field of administration of justice or a person to whom they delegate, in other cases, a representative of the Ministry of Justice, the Chief Prosecutor or a person to whom they delegate, the Secretary or Secretary of Government, a representative of the territorial bar associations and a representative of the most representative trade union organizations of the staff in the service of the Administration of Justice of the Autonomous Community elected by majority decision between them.

5. The regional commissions shall meet at least once a quarter to analyse the functioning of the judicial bodies within their territorial scope and shall draw up a report thereon, including surveys of the satisfaction of public service users, which shall be submitted to the State Commission.

6. The meetings may be attended by technicians who are deemed necessary on the basis of the agenda laid down.

It is added by art. 1.79 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

CHAPTER II

From the judicial office

Chapter I is renumbered as chapter II by art. 1.81 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 435.

1. The Judicial Office is the instrumental organization that supports and supports the judicial activity of judges and courts.

2. The basic structure of the judicial office, which will be homogeneous throughout the national territory as a result of the unique nature of the power it serves, will be based on the principles of hierarchy, division of functions and coordination.

3. The judicial office will operate with criteria of agility, effectiveness, efficiency, rationalisation of work, responsibility for management, coordination and cooperation between administrations, so that citizens obtain close and quality service, with respect to the principles set out in the Charter of Rights of citizens before the justice system.

4. The posts of the Judicial Office may be filled only by staff of the corps of officials in the service of the Administration of Justice, and shall be ordered in accordance with the provisions of the employment relations.

Officials serving in judicial offices, with the exception of lawyers of the Administration of Justice, without prejudice to their functional dependence, are organically dependent on the Ministry of Justice or the Autonomous Communities with responsibilities assumed in their respective fields.

5. In municipalities where the establishment of an Office of Justice in the municipality does not take place because it is the seat of a Court of Instance, the Judicial Office may provide the administrative services relating to the administration of justice provided for in Article 439c.

Paragraph 5 is added by Art. 1.80 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 4 is amended by article 24 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 436.

1. The activity of the Judicial Office, defined by the application of the procedural laws, shall be carried out through the common services, which shall include the common processing services and, where appropriate, those other common services determined, where the functionally linked jobs are integrated by reason of their tasks.

2. The design of the judicial office will be flexible. Its size and organization shall be determined by the competent public administration, in accordance with the activity carried out therein.

3. The Judicial Office may provide support to bodies at the national, autonomous, provincial or judicial party levels, extending its scope to those bodies to which it supports. Its area of competence may also be regional, in such a way that it can support more than one Court of Instance.

4. The common services of the Judicial Office may carry out their functions in the service of organs of the same jurisdiction, of several jurisdictions or of specialized bodies, without, in any case, the scope of the Judicial Office being able to change the number and composition of the judicial organs that constitute the judicial plant or the territorial district thereof established by law.

5. The common services may be structured in areas, which will be provided with the corresponding jobs and, if the service so requires, in teams.

Within the same judicial party, common procedural services may be provided in places other than those in which the judicial office is located. The activity of such posts may be compatible with the tasks arising from the provision of services by the Office of Justice in the municipality.

6. The management of each common service shall be the responsibility of a lawyer or a lawyer of the Administration of Justice, who shall be functionally dependent on the other lawyers and lawyers of the Administration of Justice and on the staff assigned to the posts in which they are ordered and who shall, in any event, be sufficient and appropriate to their functions.

Where this is provided for in the corresponding job list, the management of a common service may be reconciled with other functions reserved for lawyers or lawyers of the Administration of Justice of the same judicial office.

The head of a common service shall coordinate the legal persons and counsel of the Administration of Justice who integrate them in the exercise of the functions of technical and procedural management and other functions provided for in the law which they perform in relation to the personnel assigned to the common service. In addition, the director or director who directs a common service must enforce, in the organizational and functional field that is his or her own, the orders and circulars he or she receives from his or her superiors. In the area of jurisdiction, they shall be liable for the strict performance of all proceedings or decisions taken by judges or tribunals in the exercise of their powers.

7. The heads of areas and teams shall be the officials of the Legal Service of the Administration of Justice and of the General Bodies, as established in the employment relations.

8. The common services shall assist judges in the performance of their duties by carrying out the necessary procedures for the exact and effective execution of all decisions. Judges and judges may at any time request the Office of the Judiciary to provide any information they deem necessary on the proceedings before them.

It is amended by art. 1.82 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 437.

1. For the purposes of this organic law, the common processing service is that unit of the Judicial Office which performs all the functions required for the conduct of the proceedings.

2. For the performance of the functions provided for in the preceding subparagraph, the Supreme Court, the National High Court, each High Court of Justice, each Provincial High Court and each Court of Instance, as well as the Central Court of Instance, shall be assisted by a joint processing service of the relevant Judicial Office.

3. The Ministry of Justice and the Autonomous Communities in their respective territories shall be competent for the design and organization of common processing services, in which they may create areas, when they attend bodies of different sections or jurisdictional orders.

However, where in a Court of Instance the number of judicial places in the same section is equal to or greater than twelve, there must be at least one area for the organisation of the proceedings before them, which may also be extended to those corresponding to other sections of the same court order.

4. Where, in accordance with Article 521.3(e), this is determined in the corresponding job relations, the activity may be reconciled by the management posts of the common processing service of a Provincial High Court and the management of the common processing service of the Court of Justice based in the same locality.

5. The management of the common processing service shall assume the powers of coordination with the Presidency of the Tribunal, as well as with the management of the other common services for the effective functioning of the Judicial Office.

It is amended by art. 1.83 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by Article 25 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

The reference to "judicial secretaries" in paragraph 3 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 438.

Without prejudice to the provisions of the previous article, the Ministry of Justice and the Autonomous Communities in their respective territories shall be competent to design, create and organize other common services that perform the functions of registration and distribution, support, acts of communication, national and international judicial assistance, management of execution processes and voluntary jurisdiction. The Government Chambers, the Boards of Judges and the Secretaries of Government of the High Courts of Justice may request the Ministry and the Autonomous Communities to establish common services in accordance with specific needs.

They may also establish common procedural services that assume functions other than those related to this number, in which case the favourable report of the General Council of the Judiciary will be required.

It is amended by art. 1.84 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 and the reference to "judicial secretaries" are amended by article the sole Article, point 55 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

The second subparagraph of paragraph 5 is added by Article 1.15 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3 is added by Art. 19.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

CHAPTER III

From administrative units

Chapter II is renumbered as chapter III by art. 1.85 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 439.

1. For the purposes of this Act, an administrative unit is defined as one which, without being part of the Judicial Office, is constituted within the scope of the organization of the Administration of Justice for the provision of services deemed necessary or desirable for the operation of the Public Service of Justice. These services shall not include the performance of procedural functions performed by staff members of the Administration of Justice.

2. The Ministry of Justice and the Autonomous Communities in their respective fields may establish these administrative units to, inter alia, support the headship, management and management of human resources over which justice is competent, as well as information technology, new technologies and other material means.

3. Administrative units may also be established for the provision of adequate means of dispute resolution. In this case, the administrative units may have jobs for lawyers and lawyers from the Administration of Justice.

4. The posts of these administrative units, to be determined by the Ministry of Justice and the autonomous communities with responsibilities assumed, in their respective fields, may be filled with staff of the civil servants' bodies in the service of the Administration of Justice of the State Administration and of the autonomous communities that meet the requirements and conditions laid down in the respective employment relationship.

5. It is for each administration in its own territorial area to design, create and organize the necessary administrative units, determine their form of integration into the public administration concerned, their scope of action, reporting lines, the establishment of jobs and the provision of the necessary appropriations for their implementation and operation.

6. These administrative units shall be considered as destination centres when so established in their standard of establishment.

It is amended by art. 1.86 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 4 is deleted by Article 26 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

The reference to "judicial secretaries" in paragraph 4 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 439 bis.

1. For the purposes of this Act, the office of the Civil Registry is the unit which, without being part of the Judicial Office, is constituted within the framework of the organization of the Administration of Justice to carry out the functions of the said public service as established by the Law and the Regulations of the Civil Registry, and is functionally linked to the development of this function to the Ministry of Justice through the General Directorate of Legal Security and Public Faith.

The posts of these offices of the Civil Registry, which shall be determined by the Ministry of Justice and the Autonomous Communities with responsibilities assumed, in their respective fields, shall be filled by staff of the Administration of Justice, who meet the requirements and conditions laid down in the respective employment list.

2. Official staff in the service of the Administration of Justice assigned to posts whose activity is declared compatible in accordance with article 521.3 (E) shall perform the tasks of the Civil Registry Office and the Judicial Office in accordance with the protocols of action.

The Justice Offices in the municipalities shall provide the cooperation to be determined in the field of civil registration. Civil Registry Act and its implementing rules.

It is amended by art. 1.87 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by art. 1 of Organic Law 6/2021 of 28 April. Ref. BOE-A-2021-6944

Text added, published on 29/04/2021, in force from 30/04/2021.

CHAPTER IV

From the Justice Offices in the Municipalities

It is added by art. 1.88 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 439 ter.

1. The Justice Offices in the municipalities are those units which, without being integrated into the structure of the Judicial Office, are constituted within the framework of the organization of the Administration of Justice for the provision of services to the citizens of the respective municipalities.

2. In each municipality where a Court of Instance does not have its seat, there shall be an Office of Justice, which shall provide services in the locality where it is located. The justice of the peace shall have sufficient and adequately marked resources and spaces.

3. The facilities and instrumental means of these Offices shall be carried out by the respective City Council, except where their full or partial management is desirable by the Ministry of Justice or the autonomous community with powers assumed in the field of justice. The computer systems and equipment of the Offices shall be provided by the Ministry of Justice or the respective autonomous community in cases where they have the competence in the field of justice.

4. The General State Budgets shall establish a credit to subsidize the municipalities for the purposes of the concepts set out in the preceding paragraph and, where appropriate, for the staff dependent on them who serve in these Justice Offices. The subsidy will be modulated according to the number of inhabitants of the municipality. In the autonomous communities in which the transfer of functions of the State Administration has been carried out in the provision of material and economic means for the functioning of the Administration of Justice, such subsidy shall be provided and released by the corresponding autonomous community to the municipalities of their respective territory.

It is added by art. 1.88 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 439 quater.

1. The following services will be provided at the municipal justice offices:

(a) Assistance to the judge of the peace of the municipality in the exercise of his legally assigned functions.

(b) The practice of acts of procedural communication with those residing in the municipality or municipalities for which they provide their services, provided that they have not been carried out by electronic means.

(c) Those who, as collaborating offices of the Civil Registry, are established by law or by regulation.

2. Where the development of computer tools and the material and instrumental means permit, the following shall also be provided:

(a) The practice of procedural proceedings with residents or persons engaged in their profession or work in the municipality, which must be carried out through videoconference or other telepresence systems including intervention in conciliation proceedings and arising from cases of voluntary jurisdiction.

(b) The receipt of applications for recognition of the right to free legal aid and its referral to the Bars responsible for its processing, as well as any other proceedings that may support the management of such applications and their communication to the parties concerned.

(c) Requests or management of requests from citizens, addressed to the Territorial Administrations of the Ministry of Justice or equivalent bodies in those communities that have jurisdiction in the field of justice.

(d) Collaboration with the units of appropriate means of dispute resolution existing in their territorial sphere, in coordination with the competent provisional administration.

(e) Collaboration with the competent public authorities to ensure that, as soon as the development of computer tools permits, judges, magistrates, prosecutors, lawyers and lawyers in the administration of justice and staff in the service of the administration of justice who are not integrated into the employment relations of these offices are provided with the occasional performance of their work in these facilities, communicating telematically with their respective posts.

(f) Other services covered by cooperation agreements between different public administrations.

It is added by art. 1.88 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 439 quinquies.

1. The Offices of Justice of municipalities with more than 7,000 inhabitants and those in which the workload justifies this will be served by officials of the bodies in the service of the Administration of Justice, and their determination will be the responsibility of the Ministry of Justice and the autonomous communities with assumed competences, in their respective fields. Certain posts to be filled by staff of other public administrations may be included in the respective employment relationships, provided that they meet the requirements and conditions laid down therein.

In any event, the Registry of these Offices of Justice shall be carried out by staff of the Prosecution and Administrative Management Corps, as determined in the corresponding job list.

2. Official staff in the service of the Administration of Justice assigned to jobs whose activity is declared compatible in accordance with Article 521.3 (E) shall perform the tasks of the Office of Justice in the municipality as well as those of the relevant judicial office. In the case of the latter, it will be done under the functional dependence of the director or director of the service for whom it develops compatible activity.

3. The Ministry of Justice or the Autonomous Communities with competence in the field of justice, in their respective fields, may establish groups of Justice Offices of municipalities bordering the same judicial party for the provision to citizens of the services referred to in the preceding article. In such cases the head town of the group shall be determined.

The Office of Justice of the head town of the grouping must be staffed by the Administration of Justice, who shall serve in all the Justice Offices of municipalities integrated in the grouping, in accordance with the care regime to be determined in each case by the Ministry of Justice or the Autonomous Communities with powers in the field of justice.

In order to provide care in the Justice Offices of the municipalities integrated in the above-mentioned groups which are not staffed by the Administration of Justice, the municipalities shall appoint staff who are civil servants, employees or, in the absence of both, persons suitable to assist the personnel of the bodies in the service of the Administration of Justice in the provision of services in that municipality. The qualification requirements to be met by a person who does not have the status of public official shall be laid down in the standard in which the said groups are constituted. In any event, the appointment must be made by persons of legal age who are not involved in cases which prevent the exercise of public office. The assistance provided by these personnel shall not include those actions the execution of which is reserved for the staff of the Administration of Justice.

It is added by art. 1.88 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

CHAPTER V

From the tax office

It is added by art. 1.89 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

Article 439 sexies.

1. The Office of the Prosecutor is the instrumental organization that supports and supports the activities of the Public Prosecutor.

2. The basic structure of the Fiscal Office, which may be divided into areas and teams, shall be homogeneous throughout the territory of the State and shall be based on the principles of hierarchy, division of functions and coordination.

3. The tax office will operate on the basis of agility, efficiency, efficiency, rationalisation of work, responsibility for management, coordination and cooperation between administrations, so that citizens obtain close and quality service, with respect to the principles set out in the Charter of Rights of citizens before the justice system.

4. The posts of the Office of the Prosecutor may be filled only by staff of the bodies of officials in the service of the Administration of Justice, and shall be ordered in accordance with the provisions of the employment relations.

Staff serving in the tax offices, without prejudice to their functional unit, are organically dependent on the Ministry of Justice or the Autonomous Communities with responsibilities assumed in their respective fields.

It is added by art. 1.89 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 23/01/2025.

TITLE II

From the body of the lawyers of the Administration of Justice

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

CHAPTER I

Personal status

It is added by the sole article.123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 440.

The Lawyers of the Administration of Justice are public officials who constitute a single, national, higher legal body in the service of the Administration of Justice, under the Ministry of Justice, and who exercise their functions in the capacity of authority, with the leadership of the Judicial Office.

It is amended by article 56 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 3 is amended by Art. 19.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 441.

1. The posts for which the staff of the Legal Service of the Administration of Justice is responsible are classified into three categories, with the third category being entered.

2. Any Counsel of the Administration of Justice shall be of a personal rank.

The consolidation of the personal category requires the performance of posts at that level for at least five continuous years or seven with interruption.

3. A higher level may not begin to be consolidated without first consolidating the lower level, although the performance time of a higher level post will be computable for the purpose of consolidating the lower level.

4. It will not be possible to use the same time period to consolidate different categories.

5. In no case shall a third-category Counsel be eligible for a third-class position.

6. The consolidated category operates only as a guarantee of the receipt of salary for the category, when a lower level post is filled.

7. The Ministry of Justice shall establish the three groups in which the posts to be filled by the Legal Aid Officers of the Administration of Justice shall be classified.

It is amended by article 57 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 442.

1. Officials of the Legal Service of the Administration of Justice shall be selected by means of a call from the Ministry of Justice, through the opposition systems, which shall be the ordinary system of admission, or of free competition, which shall be exceptional and in which evidence of knowledge shall have a content similar to that of free opposition. In any event, both procedures must guarantee the principles of equality, merit, capacity and publicity, in the manner provided for in this organic law and the regulations implementing it.

2. A number of places equivalent to fifty per cent of those offered on shift for provision, subject to authorization by the Ministry for Digital Transformation and the Civil Service, will be convened for internal promotion through the competitive examination system for career officers of the Prosecution and Administrative Management Corps who have served for at least two years. For this purpose, the services provided by the Service of the Administration of Justice, if any, shall be counted.

The remaining vacancies, increased by those not covered by internal promotion, if any, will be filled in free time by opposition or, where appropriate, competitive examination, subject to the current budgetary forecasts for the provision of public employment.

In the absence of any offer of public employment, the Ministry of the Presidency, Justice and Relations with the Courts may, on an extraordinary basis and subject to the authorization of the Ministry for Digital Transformation and the Civil Service, convene a specific internal promotion process when circumstances in the Administration of Justice so advise. The number of places called by this system may not exceed 15 per cent of the vacant positions. In this case, places that are not covered may not be offered for free shift.

3. In order to enter the Legal Service of the Administration of Justice, whatever its form of access, it is necessary to be Spanish, a law graduate, not to be incompatible or incompatibility, as well as to pass the selective tests that are established and the corresponding theoretical-practical course that may have a selective character.

Paragraph 2 is amended by Art. 1.90 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 and the reference to "judicial secretaries" in paragraphs 1 and 3 are amended by article 58 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 443.

1. Admission to the Legal Service of the Administration of Justice is based on the following conditions:

(a) To meet the requirements and the conditions required in the call.

(b) Overcoming selective processes.

(c) Appointment issued by the Minister of Justice and published in the Official Gazette of the State.

(d) Swear or promise to faithfully perform the duties of the office and to keep and keep the Constitution as a fundamental rule.

(e) Taking possession within the prescribed time limit.

2. The legal status of the Administration of Justice is lost in the following cases:

(a) By voluntary waiver expressed in writing and expressly accepted by the Ministry of Justice.

(b) Loss of Spanish nationality.

(c) Disciplinary punishment for separation from service.

(d) Absolute or special disqualification imposed as a principal or accessory penalty by the courts when it is final.

(e) Retirement, whether voluntary or forced, or permanent incapacity for service.

(f) A term of imprisonment of more than three years for a criminal offence.

Paragraph 1 and the reference to "judicial secretaries" in paragraph 2 are amended by Article 59 and Additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 443 bis.

The Ministry of Justice shall approve each year the rank of the Legal Service of the Administration of Justice, which shall be published in the “Official State Gazette” and shall include the personal and professional data established by regulations.

It is added by article 60 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 444.

1. Officials of the Legal Service of the Administration of Justice shall have the same individual, collective and duty rights as those set forth in Book VI of this Law, and shall be subject to the provisions of this Law. Basic Statute of the Public Employee and the rest of the state regulations on public service.

2. Without prejudice to their development and implementation in the organic regulations, the following professional rights are recognized:

(a) Libranzas, in cases where unpaid dedication or service is provided, as determined by regulation.

(b) Professional specialization in those areas, orders and matters which are determined by regulation.

(c) Free professional association.

(d) To have their professional associations heard in all matters affecting their organic status.

3. The rules laid down in the preceding paragraphs shall apply to substitute litigants of the Administration of Justice, to the extent that the nature of the law so permits.

It is amended by article 61 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 445.

1. The administrative situations in which the lawyers of the Administration of Justice may be found, as well as their retirement, shall be the same and shall proceed with their declaration in the cases and with the effects established in this Organic Law for Judges and Judges.

However, lawyers of the Administration of Justice who stand as candidates for representative public office in the European Parliament, Congress of Deputies, Senate, Legislative Assemblies of the Autonomous Communities or Local Corporations may, upon request, be exempted from the service of their respective judicial offices during the duration of the electoral campaign. This permit may be granted by the Secretary-General of the Administration of Justice.

2. They shall be subject to the same incapacity, incompatibilities and prohibitions with the exception of those provided for in Article 395.

It is amended by art. 1 of Organic Law 6/2021 of 28 April. Ref. BOE-A-2021-6944

Paragraph 1 is amended by article 62 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

A paragraph is added to paragraph 1 by the sole article.4 of Organic Law 8/2011 of 21 July. Ref. BOE-A-2011-12627.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1(a) was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 446.

1. The lawyers of the Administration of Justice shall abstain in cases established for judges and magistrates and, if they do not, may be challenged.

2. Abstentions shall be made in writing to the Provincial Coordinating Secretary, who shall decide on the matter.

If the abstention is confirmed, the lawyer of the Administration of Justice who has abstained must be replaced by his legal substitute; if he refuses, he must continue to act in the case.

3. The requirements of this Law for Judges and Magistrates in article 223 shall apply to the challenge of litigants of the Administration of Justice, with the following exceptions:

(a) Legal persons of the Administration of Justice may not be challenged during the course of any proceedings or proceedings for which they are responsible.

(b) The challenge piece shall be decided by the Secretary of Government.

(c) When the challenge has been lodged, the challenged Counsel shall give a detailed written notice whether or not he recognizes the case as true and legitimate.

(d) When the challengeee recognizes as true the cause of the challenge, the Secretary of Government shall hold him challenged by decree, if he considers the case to be lawful. If he considers that the case is not one of those defined in the law, he shall declare that there is no place for the challenge. No appeal shall be made against the decree on challenge.

(e) If the challengeee denies the certainty of the case alleged as the basis for the challenge, the investigator, if he admits to the proposed challenge, shall order the practice, within 10 days, of the evidence requested which is relevant and whichever he deems necessary, and shall be referred to the Public Prosecutor for a report within three days. After that period, with or without a report from the Public Prosecutor's Office, the challenge shall be decided within five days. There shall be no appeal against such a decision.

(f) From the time the challenge is filed, the challenged Counsel shall be replaced by his legal substitute.

It is amended by article 63 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 2 is amended by Art. 1.16 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 447.

1. Remuneration shall be basic and complementary.

2. The basic remuneration concepts shall be equal to those laid down in the Judicial Career Act.

3. The supplementary remuneration concepts shall be as follows:

(a) The general post complement, which rewards the general characteristics of the posts;

(b) The specific supplement, which is unique for each job and is intended to pay for the particular conditions of the job;

(c) The productivity supplement, aimed at rewarding the special performance, extraordinary activity and interest or initiative with which the official performs his or her work, as well as his or her participation in specific programmes of action and in the achievement of the objectives to be determined by the Ministry of Justice, heard by the General Council of the Judiciary, and negotiated with the most representative trade union organizations.

The participation of the lawyers of the Administration of Justice in the programmes or in the achievement of the objectives determined by the competent bodies of the autonomous communities with powers assumed for the judicial offices of their territory may also be paid by means of this supplement, provided that there is prior authorization from the Ministry of Justice.

To that end, the necessary coordination mechanisms shall be established between the competent administrations.

(d) Gratifications, intended to pay for services of an extraordinary nature provided outside the normal working day.

(e) Professional career supplement, designed to reward the progress achieved by the official within the horizontal career system.

4. In addition to the above-mentioned remunerations, the legal counsels of the Administration of Justice may receive the following remuneration, which is special:

(a) Those relating to the performance of guard services.

(b) The corresponding replacements involving the joint performance of another function, in addition to those for which it is the holder.

These remunerations shall be compatible with all the remuneration concepts provided for above.

5. Substitute attorneys in the administration of justice shall receive the remuneration for the job they have worked.

Trienniums corresponding to the services rendered shall be recognized and shall have a retributive effect in accordance with the regulations in force for officials of the General Administration of the State. Such recognition shall be made upon request of the person concerned.

Point (e) is added to paragraph 3 by Article 27 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

The first subparagraph of paragraph 5 and the reference to "judicial secretaries" in paragraphs 3 and 4 are amended by article 64 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Paragraph 5 is amended by final provision 1.3 of Organic Law 13/2007 of 19 November. Ref. BOE-A-2007-19879.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 17 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 448.

1. The amount of the salary shall be established for each of the categories at which the Legal Service Corps of the Administration of Justice is structured and seniority shall be remunerated by a successive increase of five per cent of the initial salary corresponding to the income category for every three years of service. In any event, the amount of the triennium recognized by the lawyers of the Administration of Justice belonging to the extinct Body of the Secretaries of the Labour Court shall be respected. Counsel for the Administration of Justice shall be entitled to receive two extraordinary payments per year, each for a monthly salary and seniority and, where appropriate, a proportional amount of the general supplement to the post, in accordance with the terms laid down by law for the Administration of Justice, to be paid in the months of June and December, provided that the recipients are in active service or entitled to pay the salary on the first day of the months indicated.

2. The amount of basic remuneration and general supplementation of posts shall be determined in the General Budget Act of the State for each year.

3. The Government, by royal decree, on the joint proposal of the Ministers of Justice and Finance, shall determine the different types of posts assigned to the lawyers of the Administration of Justice for the purpose of the general complement of post, the initial allocation of the specific complements concerned and the remunerations that proceed for replacements involving the joint performance of another function.

4. The individual amount of the productivity supplement and the determination of the number of officials entitled to receive it will be carried out by decision of the Ministry of Justice, after negotiation with the most representative trade union organizations.

5. On a joint proposal from the Ministers of Justice and Finance, following negotiations with the trade union organizations, a decision will be taken on the remuneration for duty service.

6. The individual allocation of the amount of the gratuities and the setting of criteria for their collection shall be determined by decision of the Ministry of Justice.

The reference to "judicial secretaries" in paragraphs 1 and 3 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 449.

1. Officials who are in a traineeship or taking selective courses referred to in Article 485 shall be appointed as trainees and shall be paid an allowance equivalent to the salary and extraordinary payments corresponding to the third-tier Service of Legal Litigation.

2. Trainee staff who are already in paid service in the Administration of Justice may not receive any remuneration for the original job during the traineeship period and may choose to pay the same amount as they were in the original job or for which they are in the position of intern, in accordance with the provisions of the preceding paragraph.

3. If the traineeships are carried out in a job, the amount referred to in the first subparagraph shall be increased in the additional remuneration of that post.

The reference to "judicial secretaries" in paragraph 1 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 450.

1. The provision of jobs shall be carried out through the competitive procedure, which shall be the ordinary system of provision.

In the case of posts of a managerial nature or of special responsibility, they may be filled by the procedure of free designation.

The posts of the Counsel of the Administration of Justice in the Supreme Court shall be filled by the system of free appointment between candidates who belong to the first or second category, with an age of at least twenty years in one of them or between both and fifteen years of service in the corresponding court order.

The appointment of lawyers of the Administration of Justice for jobs based in the territorial sphere of an Autonomous Community with responsibilities assumed, to be covered by this procedure, shall require the prior report of the competent body of that Community. In any case, the system of provision must be determined in the corresponding job relations.

2. Exceptionally and where the needs of the service so require, jobs may also be temporarily filled by temporary secondment or secondment.

3. Rules and requirements to be followed in job provision procedures will be laid down in regulations.

In any event, a minimum period of two years shall have elapsed in order to be able to compete, from the date of the decision calling the transfer examination in which the staff member obtained his final assignment, from which he participates, or from the date of the decision granting him final assignment, in the case of new staff members. Counsel of the Administration of Justice who has no definitive purpose, obliged to participate in the competitions in accordance with the regulations in force, are excluded from this temporary limitation.

4. In those autonomous communities that enjoy civil, foral or special law, and their own official language, their knowledge will be valued as merit.

Paragraph 1 and the reference to "judicial secretaries" in paragraph 3 are amended by Article the sole Article, point 65 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 451.

1. Substitutes for absence, illness, suspension or vacancy of Lawyers of the Administration of Justice shall be covered by the appointee of his immediate superior.

2. This appointment shall be made by another Counsel of the Administration of Justice, to be known as the Alternate Counsel. To this end, the Secretaries of Government shall draw up a list of the members of the Legal Service of the Administration of Justice who voluntarily wish to participate in the annual plans for replacements. In the absence of a volunteer, the ordinary alternate appointed in accordance with the above number shall be appointed on a compulsory basis. Appeals that take place in accordance with this provision shall be remunerated in cases and in amounts determined by regulation.

3. Exceptionally, in cases where there are insufficient numbers of legal persons in the Administration of Justice, in cases of entry and search in closed places agreed by a single judicial body of the National High Court and to be carried out simultaneously, officials of the Judicial and Administrative Management Corps may, in place of the Legal Service, intervene as fedators and draw up the corresponding minutes.

4. Where it is not possible to replace it as provided for in paragraphs 1 and 2 and budgetary availability, a substitute legal representative may be appointed, provided that he meets the qualification requirements for admission to the Legal Service of the Administration of Justice.

5. The substitute lawyers of the Administration of Justice shall be subject to the same legal regime as the holders, to the extent that their nature permits, and shall be integrated into the General Social Security Scheme.

6. If there are officials belonging to the Administrative and Procedural Management Corps included in the corresponding stock exchange, they will be called as Counsels of the Administration of Justice with preference over the rest of substitutes, maintaining their mandatory inclusion both in the applicable social security system and in the judicial mutualism system.

It is amended by article 66 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

CHAPTER II

The functions of the lawyers of the Administration of Justice

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by the sole article.123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 452.

1. The lawyers of the Administration of Justice shall perform their functions subject to the principle of legality and impartiality in any case, to autonomy and independence in the exercise of the public judicial faith, as well as to unity of action and hierarchical dependence in all others entrusted to them by this law and the rules of procedure, as well as its organizational regulations. The duties of the lawyers of the Administration of Justice shall not be delegated or empowered, without prejudice to the provisions of Article 451.3.

2. In the performance of their duties, the lawyers of the Administration of Justice shall comply with and ensure compliance with all decisions taken by judges or courts within the scope of their competence.

3. The lawyers of the Administration of Justice will collaborate with the autonomous communities with competences assumed for the effectiveness of the functions that they hold in matters of personal and material means, complying with the instructions that they receive for this purpose from their superiors. For better coordination, joint commissions of lawyers of the administration of justice and representatives of the autonomous communities with responsibilities assumed, in their respective territorial areas, may be constituted.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 453.

1. It is up to the Lawyers of the Administration of Justice, with exclusivity and fullness, to exercise the public faith of the judiciary. In the exercise of this function, they shall give a clear record of the conduct of procedural acts in or before the Court and of the production of facts of procedural significance by means of appropriate records and proceedings.

Where technical means of recording or reproduction are used, hearings may be conducted without the intervention of the Legal Aid Service, as provided by law. In any event, the Letter of the Administration of Justice shall guarantee the authenticity and integrity of the engraving or reproduction.

2. The lawyers of the Administration of Justice shall issue certificates or testimonies of the judicial proceedings not declared secret or reserved for the parties, with the expression of their addressee and the purpose for which they are requested.

3. They shall authorize and document the granting of powers for litigation, in accordance with the terms established in the procedural laws.

4. In the performance of this function they shall not require additional witness intervention.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 1.17 of Organic Law 1/2009 of 3 November. Ref. BOE-A-2009-17492.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 454.

1. Counsel of the Administration of Justice is responsible for the function of documentation of their own, as well as for the formation of the case files and records, recording the decisions issued by the judges and magistrates, or themselves, when authorized by law.

2. The lawyers of the Administration of Justice shall exercise powers of organization, management, inspection and direction of personnel in technical procedural matters, ensuring in any case coordination with the governing bodies of the judiciary and with the autonomous communities with transferred powers.

3. They shall ensure that the division of cases is carried out in accordance with the rules approved for this purpose by the Governing Chambers of the Courts of Justice and shall be responsible for the proper functioning of the record of receipt of documents, where appropriate issuing such certifications as may be requested by the parties in this matter.

4. They shall provide to the parties concerned and to those who express and justify a legitimate and direct interest, any information they request on the status of the proceedings not declared secret or reserved.

5. They shall promote the use of the technical, audiovisual and computer means of documentation available to the unit in which they provide their services.

The reference to "judicial secretaries" in paragraphs 1 and 2 is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 455.

It shall be the responsibility of the Counsel of the Administration of Justice to organize the account, which shall be made in accordance with the terms established in the procedural laws.

It is amended by article the sole Article, point 67 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is stated that this article is not unconstitutional, in the wording given by Organic Law 16/1984 of 8 November, interpreted in the sense indicated in legal basis 5 of Judgment 105/2000 of 13 April. Ref. BOE-T-2000-9230.

It is amended by art. 16 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 456.

1. The Lawyer of the Administration of Justice will advance the process in the terms established by the procedural laws.

2. To that end, it shall issue the decisions necessary for the conduct of the proceedings, except those that the procedural laws reserve for Judges or Tribunals. Such decisions shall be referred to as actions, which may be of order, record, communication or enforcement.

3. A decision to issue the Legal Aid Service order shall be called a decree in order to admit the application, to terminate the procedure from which it has exclusive competence, or when it is necessary or appropriate to give reasons for its decision. It shall always be motivated and shall contain, in separate and numbered paragraphs, the factual background and the legal basis on which it is based.

4. Orders and orders shall be subject to appeal in the cases and forms provided for in the procedural laws.

5. Decisions of a governmental nature by the Lawyers of the Administration of Justice shall be referred to as agreements.

6. The litigants of the Administration of Justice, when provided for in the procedural laws, shall have jurisdiction in the following matters:

(a) Enforcement, except for those powers which derogate from procedural laws because they are reserved for judges and magistrates.

(b) Voluntary jurisdiction, assuming its processing and resolution, without prejudice to any remedies.

(c) Conciliation, carrying out mediation work of their own.

(d) Processing and, where appropriate, resolution of supervisory procedures.

(e) Mediation

(f) Any other expressly provided for.

It is amended by article 68 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 457.

The legal counsels of the Administration of Justice shall, in the technical-procedural aspect, direct the staff of the Judicial Office, ordering their activity and issuing such orders and instructions as they deem appropriate in the exercise of this function.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 458.

1. Counsel of the Administration of Justice shall be responsible for the Judicial Management Archives, in which, in accordance with the regulations established for that purpose, those records and files whose processing is not completed shall be kept and kept, except for the time in which they are held by the judge or the judge-Rapporteur or other judges who are members of the court.

2. By royal decree, rules shall be laid down for the ordering and filing of files and files which are not pending action, as well as for the expurgation of judicial records.

As a general rule, judicial orders and files will be destroyed six years after the final decision has been finalised and the procedure leading to their formation has been terminated. Except for the above, those trained for the investigation of criminal cases followed by an offence, as well as those cases that could be considered by regulation, especially in view of the cultural, social or historical value of the file.

Prior to this, the Lawyer of the Administration of Justice shall grant a hearing for a period of not less than fifteen days to the parties who were in person to interest, where appropriate, the breakdown of those original documents which have provided or exercised the rights conferred upon them by this Law in articles 234 and 235.

3. It is for the Ministry of Justice to determine the registration books to be established in the courts and tribunals and to lay down the rules governing the keeping of such records by appropriate regulations.

4. The legal counsel of the Administration of Justice shall be responsible for the keeping of the records through the corresponding computer applications and, failing that, by hand, by giving appropriate instructions to the staff of his dependent.

Paragraph 2 and the reference to "judicial secretaries" are amended by article 69 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 459.

1. Counsel for the Administration of Justice shall be held responsible for the deposit of property and objects relating to judicial records, as well as evidence of conviction in criminal cases, in premises intended for that purpose. This is without prejudice to any exceptions that may be made by regulation as to the treatment to be given to them in special cases.

2. Counsel of the Administration of Justice shall be liable for the proper deposit in institutions determined of the quantities and securities, appropriations and bonds produced, following the instructions issued for that purpose.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 460.

The lawyers of the Administration of Justice will collaborate with the tax administration in the management of the taxes entrusted to them in the specific regulations.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 461.

1. Judicial statistics, to be drawn up in accordance with the criteria to be established, shall be the responsibility of the lawyers of the Administration of Justice. The respective Secretaries of Government shall ensure compliance with this by checking the veracity of the data.

2. Judicial Statistics is a basic instrument for the services of the public administrations and the General Council of the Judiciary for the planning, development and implementation of public policies relating to the administration of justice, and in particular for the following purposes:

(a) The exercise of the State ' s legislative policy on justice.

(b) Modernization of the judicial organization.

(c) Planning and management of human resources and material resources in the service of the Administration of Justice.

(d) The exercise of the function of inspection of courts and tribunals.

The Judicial Statistics shall ensure, in the framework of a transparency plan, the permanent and equal availability by the Cortes Generales, the Government, the Autonomous Communities, the General Council of the Judiciary and the Office of the Attorney General of the State of up-to-date, rigorous and duly verified information on the activity and workload of all Spanish judicial bodies, services and offices, as well as on the statistical characteristics of the cases submitted to them. Citizens shall have full access to judicial statistics, using electronic means, in the manner established by regulation.

3. The National Judicial Statistical Commission, composed of the Ministry of Justice, a representative of the Autonomous Communities with competence in this area, the General Council of the Judiciary and the Office of the Attorney-General of the State, shall approve the statistical, general and special plans of the Administration of Justice and shall establish uniform criteria that, where appropriate, take into account the gender perspective and the gender variable and are binding on all on the collection, processing, transmission and exploitation of statistical data of the Spanish judicial system.

The structure, composition and functions of the National Judicial Statistical Commission shall be established by regulation by the Government, by royal decree, following a report from the General Council of the Judiciary, the Attorney General of the State, the Data Protection Agency and the Autonomous Communities with competence in this field.

In any event, the procedural management computer systems of the Administration of Justice shall allow the automated extraction of all the data required in the relevant statistical bulletins.

4. However, public administrations with powers in matters of administration of justice may carry out holdings of other statistical data which may be collected through computer systems, provided that they are deemed necessary or useful for their management.

Paragraph 2 is amended by article 28 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraph 3 and the reference to the "Judicial Secretaries" of paragraph 1 are amended by article 70 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 462.

The lawyers of the Administration of Justice shall assume all other functions that are legally and regulatoryly established.

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

CHAPTER III

Ordination of the Corps of Secretaries

It is added by the sole article.123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 463.

1. Under the higher authority of the Ministry of Justice, the Legal Service of the Administration of Justice is ordered hierarchically in the manner determined in the employment relations. In this sense, they will perform all the functions of a similar nature to those of their own, inherent in the job they occupy and entrusted to them by their superiors.

2. The highest organs of government of the Legal Service of the Administration of Justice are, by hierarchical order, the following:

(a) The Secretary-General of the Administration of Justice.

(b) The Secretaries of Government.

(c) Provincial Coordinating Secretaries.

3. Where in a common procedural service several legal counsels of the Administration of Justice are employed, the list of posts shall determine their hierarchical and functional dependence.

4. As an instrument for the democratic participation of the group of lawyers of the Administration of Justice, a Council of the Secretariat within the Ministry of Justice shall be constituted, with advisory functions in matters affecting the said body. Their organization, operation and competence shall be developed by regulation.

Paragraph 2 and the reference to "judicial secretaries" are amended by article the sole Article, point 71 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 464.

1. There shall be one Government Secretary in the Supreme Court, the National High Court and each High Court of Justice, as well as in the cities of Ceuta and Melilla, elected from among members of the Legal Service Corps of the Administration of Justice who have served for at least 10 years in second-level positions, who shall also serve as Registrar of the Governing Chamber of the respective Court.

2. The Secretary of Government shall, as his superior, be the head of the legal counsel of the Administration of Justice who serve in the judicial offices of the Courts and in the cities of Ceuta and Melilla. To this end, it shall exercise the powers conferred upon them by this organic law, as well as all those that are established by regulation.

3. He shall be freely appointed and removed by the Ministry of Justice, after a report by the Secretariat Council on the suitability of the applicant candidates.

Such appointment shall be made on a proposal from the competent body of the Autonomous Communities when they have powers in matters relating to the administration of justice and with a report from the Governing Chamber of the respective Court. For that of the Cities of Ceuta and Melilla the report will be issued by the Governing Chamber of the High Court of Justice of Andalusia.

The same post of Secretary or Secretary of Government may not be filled for more than 10 years.

The Autonomous Communities with the competence to propose the appointment of a Secretary or a Secretary of Government may also propose to terminate the appointment.

4. In the event of the absence, illness, suspension or vacancy of the Registrar or Secretary of Government of the Supreme Court or of the National High Court, as well as of the Cities of Ceuta and Melilla, the legal counsel or counsel of the Administration of Justice designated by the head of the General Secretariat of the Administration of Justice shall assume his or her duties. In the same cases and in respect of the Registrar or Secretary of Government of the Superior Courts of Justice, the Coordinating Registrar of the province where the respective court is located, or, failing that, the lawyer or lawyer of the Administration of Justice appointed by the head of the General Secretariat of the Administration of Justice, shall assume his or her functions.

5. Counsel or counsel of the Administration of Justice who are appointed Secretaries or Secretaries of Government shall be reserved, for the duration of their tenure, for the position they come to occupy prior to such appointment. During his term of office, the post may be filled on secondment.

6. The competent public administrations in their respective territories shall provide the Secretaries of Government with the material resources and human resources necessary for the performance of the functions assigned to them.

Paragraphs 3 to 6 are amended by Art. 1.91 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article 29 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraphs 3 and 5 and the reference to "judicial secretaries" are amended by article the sole Article, point 72 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 465.

The Secretaries of Government shall be responsible for:

1. The inspection of the services which are the responsibility of the lawyers of the Administration of Justice of their respective jurisdiction, without prejudice to that of the General Council of the Judiciary, the Government Chambers or, where appropriate, the President of the Court or of the respective Chamber.

2. The opening of disciplinary proceedings for possible infringements that may be committed by lawyers of the Administration of Justice in the exercise of their functions, as well as the imposition of the penalty of warning.

3. To propose to the Ministry of Justice the appointment of the lawyers of the Administration of Justice of free designation in its territorial sphere, who would have participated in the corresponding call, and their termination where appropriate.

4. Statistical monitoring and monitoring.

5. Direction and organization of the legal counsels of the Administration of Justice who depend on him, respecting and protecting his independence in the exercise of public faith.

6. To give instructions to the lawyers of the Administration of Justice of their respective territorial scope, at the request of the autonomous communities with assumed competences, when the collaboration of those is necessary to guarantee the effectiveness of the functions that these have in matters of personal and material means in the service of the Administration of Justice.

7. To propose to the Ministry of Justice, or, where appropriate, to the autonomous community with transferred powers, the measures that it considers should be adopted for the better functioning of the administration of justice that fall within its respective competence, informing the Ministry of Justice of the incidences affecting the lawyers of the administration of justice who depend on it.

8. To issue circulars and instructions for the service of the lawyers of the administration of justice of its territory, as well as to ensure the correct implementation of those directed by the Ministry of Justice, which in no case may interfere with the conduct of the trial of judges or magistrates, or contradict the decisions taken by the Governing Chamber within the scope of its competence. Nor may they issue specific instructions in specific cases in which a lawyer of the Administration of Justice intervenes as a fedator or in the exercise of his or her responsibilities for the management and conduct of the proceedings.

9. Granting of permits and licences to the lawyers of the administration of justice of its territory, and being able to delegate to the Coordinating Secretary.

10. To learn about the incidents of recusal of the Lawyers of the Administration of Justice.

11. To draw up annual plans for the replacements of lawyers from the Administration of Justice and to propose to the Ministry of Justice the list of candidates considered suitable to serve as substitute lawyers from the Administration of Justice in the territorial sphere of each Autonomous Community.

12. Other provisions provided for in the Organic Regulations of the Legal Service of the Administration of Justice.

Paragraphs 9 and 10 and the reference to "judicial secretaries" are amended and paragraphs 11 and 12 are added by the sole article.73 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 466.

1. In each province there shall be a Coordinating Secretary or a Coordinating Secretary appointed or appointed by the Ministry of Justice under the procedure of free designation, on the proposal of the Secretary or Secretary of Government, in agreement with the autonomous communities with responsibilities assumed, elected or elected from among members of the Legal Service of the Administration of Justice who have been in the Corps for at least 10 years and have been in second-level positions for at least five years.

Before the appointment, the Board of the Secretariat shall be heard on the suitability of the applicant candidates.

In addition, in the Autonomous Community of the Balearic Islands there will be a coordinating secretary or coordinating secretary in the islands of Menorca and Ibiza, and in the Autonomous Community of the Canary Islands, another or another in the islands of Lanzarote and La Palma.

In the uniprovincial autonomous communities, the functions of the Coordinating Secretary or the Coordinating Secretary shall be assumed by the Secretary or Secretary of Government, except for those functions which, on the basis of service, are advisable for their existence.

The same post of Coordinating Secretary or Coordinating Secretary may not be filled for more than 10 years.

2. The requirements and procedure for their appointment shall be determined in the Organic Regulations of the Lawyers Corps of the Administration of Justice, although in any case they shall be at least five years old in the second category.

3. In cases of absence, illness, suspension or vacancy, he shall be replaced by the counsel of the Administration of Justice appointed by the Secretary of Government who meets the requirements for his appointment.

4. Counsel or legal counsel of the Administration of Justice who are appointed as Registrars or Coordinating Secretaries shall be reserved for the duration of their tenure for the position they come to occupy prior to such appointment. During his term of office, the post may be filled on secondment.

It is amended by art. 1.92 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article 30 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraphs 1 and 4 and the reference to "judicial secretaries" are amended by article 7.74 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 467.

Under the direct authority of the Secretary of Government, the Coordinating Secretary shall exercise the following powers:

1. To issue instructions for the service of the Legal Officers of the Administration of Justice of its territorial scope for the proper functioning of the services entrusted to them.

2. Control the proper execution of circulars and service instructions issued by the Secretary of Government to which he or she is attached.

3. To report immediately to the Secretary of Government on all facts relevant to the proper functioning of the Administration of Justice, as well as on the personal and material needs of the secretariats located in its territory.

4. To collaborate with the autonomous communities with assumed competences, for the effectiveness of the functions that they offer in matters of personal and material means.

5. Coordinate the operation of all common procedural services located in its territory, or, where appropriate, directly assume its direction when there is a single common provincial procedural service.

6. To propose to the Ministry of Justice the commissions of service of lawyers of the Administration of Justice which, within its territory, are necessary for the proper functioning of the judicial offices.

7. Resolve the substitutions and substitutions of the Legal Aids of the Administration of Justice of its scope.

8. Resolve incidents of abstention of the Legal Aids of the Administration of Justice who depend on it in accordance with the provisions of this Law.

9. To grant, by delegation of the Secretary of Government, the permits and licences to the lawyers of the Administration of Justice of its territory.

10. Other laws and their own organizational regulations.

Paragraphs 7 and 8 and the reference to "Judicial Secretaries" are amended and paragraphs 9 and 10 are added by the sole article.75 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 18.1 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

CHAPTER IV

Disciplinary responsibility

It is added by the sole article.123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 468.

1. The Lawyers of the Administration of Justice shall be subject to disciplinary responsibility, in the cases and in accordance with the principles set forth in this Book.

2. A penalty may not be imposed for the commission of a serious or very serious offence, but by means of a disciplinary case conducted for that purpose, by means of the procedure established in the Organic Regulations of the Judicial Service Corps which are issued in accordance with this Act.

For the imposition of penalties for minor offences, the pre-trial investigation of the file shall not be mandatory, except for the hearing of the person concerned.

In addition to the perpetrators, the superiors who have knowledge of the facts, consent to them, as well as those who induce or cover up very serious and serious offences when such acts result in serious damage to the administration or citizens, shall be responsible in a disciplinary manner.

3. The Autonomous Communities with assumed competences may bring to the attention of the superiors of the Legal Officers of the Administration of Justice, who are assigned to judicial offices based in their territory, any conduct which may be detrimental to the duty of collaboration established in this Organic Law with the Autonomous Communities.

The competent authority for the initiation and processing of disciplinary cases shall inform those authorities of the decisions taken.

4. The disciplinary procedure established under this organic law shall guarantee the lawyer of the Administration of Justice who is expedient, in addition to those recognized by the Article 35 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, the following rights:

(a) The presumption of innocence.

(b) To be notified of the appointment of an instructor and secretary and to challenge them.

(c) To be notified of the acts charged, of the offence they constitute and of the penalties that may be imposed, as well as of the decision to punish them.

(d) To make allegations.

(e) To propose any evidence appropriate to the determination of the facts.

(f) To be able to act in the assisted proceedings of counsel or of the trade union representatives as determined by him.

5. Where the investigation of disciplinary proceedings results in the existence of well-founded evidence of the commission of a criminal offence, the proceedings shall be suspended and brought to the attention of the Public Prosecutor ' s Office.

6. The initiation of criminal proceedings shall not prevent the initiation of disciplinary proceedings for the same acts, but a decision shall not be rendered in the same case until a final judgement or a decision has been handed down in the criminal case.

In any event, the statement of proven facts contained in the decision terminating the criminal proceedings shall be linked to the decision in the disciplinary case, without prejudice to the different legal qualification that may be warranted by both means.

Criminal and disciplinary sanctions may be imposed on the same acts only if there is no legal basis and protected legal good.

Paragraphs 1, 2 and 3 and the reference to "judicial secretaries" are amended by article 76 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 468 bis.

1. Misdemeanours may be very serious, serious and minor.

1. The following are considered serious offences:

(a) Failure to comply with the duty of fidelity to the Constitution in the exercise of public service.

(b) Any action which discriminates on the basis of birth, racial or ethnic origin, gender, sex or sexual orientation, religion or belief, opinion, disability, age or any other personal or social status or circumstance.

(c) Abandonment of service.

(d) The adoption of manifestly unlawful agreements or decisions, where they cause serious harm to the public interest or harm fundamental rights of citizens.

(e) The disclosure or use by the Legal Aid Service of facts or data known in or on the occasion of the performance of its functions, where the proceedings or any person are adversely affected.

(f) Misuse of documentation or information to which they have or have had access on account of their position or function.

(g) Neglect in the custody of documents leading to their dissemination or improper knowledge.

(h) Repeated delay, neglect or non-compliance with the functions inherent in the mandated job or functions.

(i) The use of its powers to influence electoral processes of any nature and scope.

(j) Serious breach of judicial decisions mandated to execute them.

(k) Serious or repeated disobedience to the verbal or written orders or instructions of a superior issued by him in the exercise of his powers, relating to functions or tasks specific to the job of the person concerned, unless they are manifestly unlawful.

(l) The use of the status of Counsel of the Administration of Justice to obtain an undue advantage for itself or for a third party.

(m) The conduct of activities declared incompatible by law.

(n) Failure to observe the duty of abstention, knowing that any of the cases provided for by law have been brought.

(o) Acts which impede the exercise of fundamental rights, public freedoms and trade union rights.

(p) Failure to provide essential services in the event of a strike.

(q) Sexual harassment.

(r) Serious assault on any person with whom they relate in the exercise of their duties.

(s) arbitrariness in the use of authority causing serious harm to subordinates or service.

(t) Actions and omissions which have resulted in a final judgement of a declaration of civil liability entered into in the exercise of the function on the grounds of wilful or serious fault.

(u) The commission of a serious offence if it has previously been punished by two other serious offences which have become final, without having been cancelled or the corresponding entries having been cancelled.

2. Serious misconduct is considered:

(a) Disobedience expresses to the orders or instructions of a superior, issued by the superior in the exercise of his or her powers, referring to functions or tasks specific to the job of the person concerned, unless they are manifestly unlawful.

(b) Failure to comply with judicial decisions the execution of which has been entrusted to them, if it does not constitute a serious offence.

(c) Arbitration in the use of authority in the exercise of its functions if it does not constitute a serious offence.

(d) Neglect in the custody of documents, as well as misuse of documents or information they know on the basis of the charge, where such conduct does not constitute a serious misconduct.

(e) The third unjustified absence of assistance over a period of three months.

(f) Neglect, neglect or undue delay in the performance of the functions inherent in the job or functions entrusted to it if it does not constitute a serious misconduct.

(g) The pursuit of any activity which is compatible with the Law 53/1984 of 26 December 1984, on incompatibilities of staff in the service of public administrations, without obtaining the relevant authorization or having obtained it with lack of truth in the budgets alleged.

(h) Lack of serious consideration with superiors, equals or subordinates, as well as with professionals or citizens.

(i) causing serious damage to working documents or materials, as well as to premises intended for the provision of the service.

(j) Inadequate use of the information technology and materials used in the exercise of its functions and non-compliance with the instructions provided for their use, as well as misuse of access keys to computer systems.

(k) Actions or omissions aimed at circumventing time control systems or preventing unjustified non-compliance with working hours from being detected.

(l) To cease to promote disciplinary liability for staff members who are members of their offices, when they are aware or should be aware of serious breaches of their duties.

(m) Obstacle inspection work.

(n) Promote their abstention in a clearly unjustified manner.

(o) Repeated non-compliance with working hours without just cause.

(p) The commission of a minor offence, having previously been punished by a final decision for two other minor offences, without having been cancelled or the corresponding annotations cancelled.

3. The following are considered minor offences:

(a) Lack of consideration with superiors, equals or subordinates, as well as with professionals or citizens, where it does not constitute a more serious offence.

(b) Failure to perform or neglect of the duties of his or her position or position, provided that such conduct does not constitute a more serious offence.

(c) Unreasonable neglect or delay in the performance of their duties, where this does not constitute a more serious offence.

(d) Unjustified absence for one day.

(e) Non-compliance with working hours without justifiable cause if it does not constitute serious misconduct.

It is added by article 77 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 468 ter.

The imposition of sanctions by the competent bodies shall ensure that the offence is appropriately or proportionately serious and that the penalty applied is in accordance with the following criteria for determining the penalty to be applied:

(a) Intensity.

(b) Injury to the Government or to citizens.

(c) Degree of participation in the commission of the offence.

(d) Repetition or recidivism.

It is added by the sole article.78 of the Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 468 quater.

1. The penalties that may be imposed on the Lawyers of the Administration of Justice for the offences committed in the exercise of their duties are:

(a) Warning.

(b) Fine of up to €3,000.

(c) Suspension of employment and salary.

(d) Forced transfer outside the municipality of destination.

(e) Separation from service.

(f) Discontinuance of work.

2. The penalties provided for in points (c) and (d) of the preceding paragraph may be imposed for serious and very serious offences and may be extended in accordance with the circumstances of the offence in question.

The penalty of separation may be imposed only for very serious offences.

The suspension of duties imposed by the commission of a very serious offence may not exceed three years or less than one year. If it is imposed for serious misconduct, it shall not exceed one year.

The lawyers of the Administration of Justice who are punished with forced transfer may not obtain a new destination in the municipality of origin for three years, when it was imposed for a very serious offence, and for one year, when it would have been a serious offence.

The penalty of termination of employment shall be applicable only to the Deputy Lawyers of the Administration of Justice for serious or very serious misconduct.

A fine may be imposed only on serious misconduct.

The penalty of warning may be imposed only on the commission of minor offences.

It is added by article 79 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

Article 469.

1. They are competent to initiate disciplinary proceedings for officials of the Legal Service of the Administration of Justice, the Ministry of Justice, the Secretary of Government and the Provincial Coordinating Secretaries. The Ministry of Justice is responsible for handling these cases.

2. The following shall be competent for the imposition of sanctions:

(a) The Secretary-General of the Administration of Justice, the Secretary of Government and the Provincial Coordinating Secretary, for the sanction of warning against those who depend on them.

(b) The Secretary-General of the Administration of Justice, for the penalty of a fine.

(c) The Minister of Justice, for the punishment of suspension, forcible transfer, separation from service and termination of employment.

It is amended by article 80 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 123 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 469 bis.

1. Very serious offences will be prescribed at two years, severe offences at six months and minor offences at six months.

2. The limitation period shall begin to be counted after the offence has been committed.

In cases where the same act results in the initiation of criminal proceedings and disciplinary proceedings, the limitation periods for disciplinary misconduct will not begin to be counted until the conclusion of the criminal case.

3. The limitation period shall be interrupted at the time of notification of the agreement to initiate the disciplinary file and the period shall be re-counted if the procedure remains paralysed for more than two months for reasons not attributable to the expedited procedure.

4. Penalties for very serious offences shall be imposed at two years; those for serious offences per year; and those for minor offences at six months. The limitation period shall begin to be counted from the day following the day on which the decision imposing the penalty becomes final.

It is added by article 81 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Text added, published on 22/07/2015, in force from 01/10/2015.

BOOK VI

From the Civil Service to the Administration of Justice and other personnel

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

TITLE I

Common provisions

Text added, published 26/12/2003, in force from 15/01/2004.

CHAPTER I

The staff of the Forensic Medical Corps, the Optionals of the National Institute of Toxicology and Forensic Sciences, the Procedural and Administrative Management, the Specialist Technicians of the National Institute of Toxicology and Forensic Sciences, the Processing and Administrative Institute and the Prosecution Aid, the Laboratory Assistants and other personnel in the service of the Administration of Justice

It is added by the sole article.124 of the Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 470.

1. The purpose of this book is to determine the legal status, as provided for in the Article 122 of the Spanish Constitutionof the officers of the Forensic Doctors Corps, the Optionals of the National Institute of Toxicology and Forensic Sciences, the Procedural and Administrative Management Institute, the Specialist Technicians of the National Institute of Toxicology and Forensic Sciences, the Processing and Administrative Institute, the Judicial Aid and the Laboratory Assistants of the National Institute of Toxicology and Forensic Sciences.

2. The said Corps of Officials in the Service of the Administration of Justice shall be of the nature of National Bodies.

Paragraph 1 is amended by article 82 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 was drafted in accordance with the correction of errors published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 471.

1. The powers in respect of all personnel in the service of the Administration of Justice referred to in the preceding article fall under the terms set out in this Act, the Ministry of Justice or, where appropriate, the autonomous communities with assumed competences, in all matters relating to their status and legal regime, including selection, initial and continuing training, provision of assignments, promotions, administrative situations, working hours, working hours and disciplinary regime.

2. In the same terms, the Government or, where appropriate, the Autonomous Communities with competence in this field, shall adopt regulations requiring the development of this book.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 472.

1. The career officers of the aforementioned bodies are bound to the Administration of Justice by virtue of a legal appointment, by virtue of a permanent statutory relationship, for the performance of paid services.

2. For reasons of urgency or necessity, interim staff members may be appointed to carry out the functions of such staff, as long as their performance by career staff is not possible or the reasons for their appointment remain.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 473.

1. Officials of other Administrations who are occasionally or permanently required to assist in the development of specific activities other than those of the bodies of officials referred to in this book and who require technical or specialized knowledge may serve in the Administration of Justice.

2. Likewise, where there are no bodies or scales of officials whose members have the technical preparation necessary for the performance of certain specific activities or for the conduct of activities of their own trades, as well as of instrumental nature, corresponding to areas of maintenance and maintenance of buildings, equipment or installations or other similar, they may provide services paid in the Administration of Justice to staff engaged in employment.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraphs 1 and 2 are amended by Article 7.1 and 2 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Article 474.

1. The professional staff of the Corps in the service of the Administration of Justice shall be governed by the rules contained in this organic law, in the provisions that are made in its development and, as a substitute, in the areas not expressly regulated therein, by the State regulations on the Civil Service.

2. The regime of career staff members shall apply to interim staff members insofar as it is appropriate to the nature of their status and shall not apply to them under the passive class regime.

3. Official staff of other Administrations serving in the Administration of Justice, for the purpose of carrying out specific and specialized functions, shall be subject to the provisions for these situations in the relevant public administration regulations.

4. The labour force shall be governed by the laws and regulations, by the collective agreement applicable to them and by the provisions of their employment contract.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

It is amended by art. 18.2 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 475.

The bodies of officials referred to in the preceding article shall be classified as:

(a) General bodies, where their duties consist essentially of tasks of procedural content, without prejudice to the performance of administrative functions related to those above.

They are General Bodies:

The Procedural and Administrative Management Corps. The degree required for access to this body is that of University Diploma, Technical Engineer, Technical Architect or equivalent.

The Prosecution and Administrative Corps. Access to this Corps will require possession of a bachelor's degree or equivalent.

The Judicial Aid Corps. For whose admission it will be required to be in possession of the degree of graduate in E.S.O. or equivalent.

(b) Special bodies, where their duties essentially involve the performance of functions which are the subject of a specific profession or qualification.

These are Special Bodies:

The Corps of Forensic Doctors. For access to the Corps of Forensic Physicians it is required to be in possession of the official degrees of Bachelor or Graduate in Medicine and specialist in Forensic Medicine.

The Optional Corps of the National Institute of Toxicology and Forensic Sciences. For admission to this body, he must be a graduate in a university degree in Experimental and Health Sciences, which will be determined in the corresponding calls, according to the specialty for which access to the body is obtained.

The Corps of Specialist Technicians of the National Institute of Toxicology and Forensic Sciences. In order to access this body, it will be required to hold a degree of Senior Technician in Vocational Training or equivalent of the professional families determined on the basis of the calls for selective processes, in accordance with the content of the jobs offered.

The Laboratory Assistant Corps of the National Institute of Toxicology and Forensic Sciences. Access to this body shall be required to hold the diploma of Technical in Vocational Training or equivalent of professional families determined on the basis of calls for selective processes, in accordance with the content of the jobs offered.

The third paragraph of point (b) is amended by article 83 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Take into account transitional provision 7 of the aforementioned Organic Law as to the delay of the requirement of specialty in Forensic Medicine.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 476.

1. It is the responsibility of the Administrative and Procedural Management Corps to assist in the higher-level procedural activity, as well as in carrying out its own procedural tasks.

In general terms and under the principle of hierarchy, and without prejudice to the specific functions of the job they perform, it is incumbent upon them to:

(a) To manage the conduct of proceedings, which shall be reported to the Counsel of the Administration of Justice, in particular when certain aspects require an interpretation of law or procedural rules, without prejudice to informing the holder of the judicial body when required to do so.

(b) Practice and sign the parties ' appearances in connection with the proceedings before the judicial body, for which it shall have certification capacity.

(c) Document the embargoes, launches and other acts of a nature which require it, with the character and representation attributed to it by law, unless the Legal Counsel of the Administration of Justice deems it necessary to intervene, holding in such acts the status of agent of the authority.

(d) Extend notes intended to bind to the procedure data or elements which do not constitute evidence in the procedure, in order to ensure that they are properly recorded and processed, informing the superior authority to that effect, and to draw up notes, which may be reference, summary of the orders and examination of the proceedings to which they relate.

(e) To carry out the tasks of registering, receiving and distributing documents and documents relating to matters being dealt with in courts and tribunals.

(f) To issue, with the knowledge of the Counsel of the Administration of Justice, and at the expense of the person concerned, simple copies of writings and documents contained in orders not declared secret or reserved.

(g) To occupy, in accordance with the established employment relations, the headquarters in which the common procedural services are structured, in which, without prejudice to performing the functions assigned to the particular post, they will manage the distribution of staff tasks, responding to the development of the tasks.

(h) Collaborate with the competent administrative management bodies, and perform functions relating to the management of personnel and material means, of the unit of the judicial office or Justice Office in the municipality where the services are provided, provided that these functions are expressly covered by the job description of the job.

(i) To perform the Registry of the Justice Offices in the municipalities, as well as the remaining posts attached to the Prosecution and Administrative Management Corps, all in accordance with the relevant job relationships, and to hold posts in the administrative units, where the employment relationships of the said units so establish, provided that the knowledge and preparation requirements for their performance are met.

(j) To perform as many functions as possible in order to protect and support victims, as well as in support of restorative justice and extra-judicial settlement proceedings.

(k) To perform all functions that are legally or regulatoryly established and any other functions of a similar nature to those which, inherent in the job performed, are entrusted by the hierarchical, organic or functional superiors in the exercise of their powers.

2. Officials of the Procedural and Administrative Management Corps may be appointed as substitute Counsels of the Administration of Justice, provided that the qualifications and other requirements are met, and in accordance with the procedure and with the remuneration established by regulation.

Paragraph 1(g), (h) and (i) are amended by Article 1.93 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 84 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 5 is added by Art. 7.3 of Organic Law 9/2000 of 22 December. Ref. BOE-A-2000-23661

Article 477.

It is generally the responsibility of the Prosecution and Administrative Service to carry out all activities which are supportive of the procedural management, depending on the level of specialization of the position held, under the principle of hierarchy and in accordance with the established employment relations.

Without prejudice to the specific functions of the job they perform, they are responsible for:

(a) The general processing of procedures, using the appropriate mechanical or office means, for which purpose it shall draw up all documents, records, proceedings, notifications and others entrusted to it, as well as copies of documents and their attachment to the files.

(b) Recording and classification of correspondence.

(c) The formation of case files under the supervision of the superior.

(d) The preparation of the relevant documents for the practice of acts of communication to be carried out.

(e) The performance of those chiefs assigned to the judiciary in the employment relations of the judicial office, in the manner and under the conditions established therein.

(f) The possibility of holding posts in administrative units, provided that the necessary qualifications and knowledge required for their performance in their employment relationships are met.

(g) How many functions can be performed in order to protect and support victims, as well as in support of restorative justice and non-processive settlement proceedings.

(h) The performance of all functions that are legally or regulatoryly established and of any other functions of a similar nature to those which, inherent in the job performed, are entrusted by the hierarchical, organic or functional superiors in the exercise of their powers. These functions include support for the administrative, personnel management and material resources of the unit of the Judicial Office or Justice Office in the municipality where the services are provided, provided that these functions are expressly covered by the job description of the job.

Point (h) is amended by Art. 1.94 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph (g) is amended and (h) is added by article 85 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 478.

It is the responsibility of the Judicial Aid Corps, in general terms, under the principle of hierarchy and in accordance with the provisions of the employment relations, to carry out all the tasks necessary to assist the activities of the judicial bodies. It shall also, among other functions:

(a) The practice of acts of communication consisting of notifications, summonses, locations and requirements, as provided for in the procedural laws, for which purpose it shall have the capacity to certify and have the necessary credentials.

(b) As an agent of the authority, carry out the execution of embargoes, launches and other acts of a nature that requires it, with the character and representation attributed to it by law.

(c) Acting as a judicial police officer of the authority, without prejudice to the functions which, in the investigation of crimes and in the discovery and securing of offenders, are the responsibility of the members of the Security Forces and Corps.

(d) To perform judicial records and records, under the supervision of the legal counsel of the Administration of Justice.

(e) To ensure the conditions for the use of courtrooms and to maintain order there.

(f) To verify that the technical means necessary for the judicial process are in a position to be used, requiring, where appropriate, the presence of the appropriate technical services, in order to allow the proper functioning of those devices, by informing the legal counsel of the Administration of Justice of any anomalies detected that might prevent the conduct of procedural acts.

(g) The performance of those posts assigned to this body in the employment relations of the Judicial Office, in the manner and under the conditions established therein.

(h) The possibility of holding posts in administrative units, provided that the requirements and knowledge required for their performance in the employment relationships are met.

(i) The performance of all functions that are legally or regulatoryly established and of any other functions of a similar nature to all those that are inherent to the job being performed are entrusted by the hierarchical, organic or functional superiors in the exercise of their powers. These functions include assisting the administrative management and management of personnel and material resources of the unit of the judicial office or Office of Justice in the municipality in which the services are provided, provided that these functions are expressly covered by the job description of the job.

Point (i) is amended by Art. 1.95 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The reference to "judicial secretaries" is amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 479.

1. The Institutes of Legal Medicine and Forensic Sciences are technical bodies attached to the Ministry of Justice, or, where appropriate, to those Autonomous Communities with competence in this field, whose main mission is to assist the Administration of Justice in the field of its scientific and technical discipline.

2. There will be an Institute of Legal Medicine and Forensic Sciences in each city where a High Court of Justice has its official seat.

However, the Government may, on a proposal from the Ministry of Justice, at the request of an Autonomous Community with competence in this field, authorise that seat to be that of the administrative capital of the Autonomous Community concerned, where it is different from that of the High Court of Justice.

The Government may also authorize, on request, if necessary, of an Autonomous Community with competence in this field, the establishment of Institutes of Legal Medicine and Forensic Sciences in the remaining cities within the territorial scope of the High Court of Justice concerned, within the scope of action to be determined.

Based in Madrid, there will be an Institute of Legal Medicine and Forensic Sciences that will serve the various organs of state jurisdiction.

3. By royal decree, on the proposal of the Minister of Justice and following a report from the General Council of the Judiciary and the Autonomous Communities which have received the transfer of resources for the functioning of the Administration of Justice, the general rules for the organization and operation of the Institutes of Legal Medicine and Forensic Sciences and for the performance of forensic doctors and of other official or working personnel assigned to them shall be determined, and the relevant provisions for their development and application may be issued by the Ministry of Justice or by the competent body of the Autonomous Community within the scope of their respective powers. In any case, the Institutes of Legal Medicine and Forensic Sciences will have comprehensive forensic assessment units, of which psychologists and social workers will be able to participate to ensure, among other functions, specialized assistance to victims of gender-based violence and the design of protocols for comprehensive and comprehensive action in cases of gender-based violence. The other psychosocial teams that provide services to the Administration of Justice, including technical teams for minors, whose staff will be trained in specialized family, minors, persons with disabilities and gender and domestic violence, may also be integrated within the Institutes. Their training will be oriented from the perspective of equality between men and women.

4. Forensic doctors are career officers who constitute a National Corps of Senior Graduates in the service of the Administration of Justice.

5. The functions of forensic doctors are:

(a) Technical assistance to courts, tribunals and public prosecutors in matters relating to their professional discipline by issuing reports and opinions in the context of the judicial process or in criminal investigation proceedings requested by them;

(b) The assistance or optional supervision of detainees, injured or ill, who are under the jurisdiction of courts, tribunals and public prosecutors, in cases and in the manner determined by law.

(c) The issuance of reports and opinions at the request of the Civil Registry, in the cases and conditions determined by its specific legislation.

(d) The issuance of reports and opinions, at the request of individuals, under conditions to be determined by regulation.

(e) The performance of teaching, expert or investigative functions, for reasons of general interest, in accordance with instructions established by the Ministry of Justice or the Autonomous Community with powers in the field of justice, in the framework of possible agreements or agreements.

(f) The performance of research and collaboration functions arising from its own function, in accordance with the terms of the regulations.

6. In the course of any procedural or investigative proceedings initiated by the Public Prosecutor ' s Office, staff assigned to the Institutes of Legal Medicine and Forensic Sciences shall be under the command of the Judges and Prosecutors, exercising their functions with full independence and strictly scientific criteria.

7. Forensic doctors will be assigned to an Institute of Legal Medicine and Forensic Sciences or to the National Institute of Toxicology and Forensic Sciences. Official staff shall also be assigned to the Institutes of Legal Medicine and Forensic Sciences to be determined in the employment relations. Psychologists, social workers and other workers may also provide services at the above-mentioned Institutes.

It is amended by article 86 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Take into account transitional provision 6 of the aforementioned Organic Law in cases where the Institutes of Legal Medicine and Forensic Sciences are not constituted.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 480.

1. The National Institute of Toxicology and Forensic Sciences is a technical body attached to the Ministry of Justice, whose main mission is to assist the Administration of Justice and to contribute to the scientific unit, the quality of analytical expertise and the development of forensic sciences. In addition, it shall perform the following functions:

(a) Issue reports and opinions requested by the judicial authorities and the Public Prosecutor ' s Office.

(b) To conduct toxicological analyses and investigations ordered by the judicial authorities, the Government authorities, the Public Prosecutor ' s Office and forensic doctors in the course of judicial proceedings or in the preliminary investigation proceedings conducted by the Public Prosecutor ' s Office.

(c) To carry out analyses and investigations by public bodies or enterprises concerned with matters affecting the general interest, in cases which are provided for in the instructions of the Ministry of Justice or in the terms of agreements or agreements made for that purpose.

(d) To conduct reports, analyses and investigations requested by individuals in the course of, or even outside, judicial proceedings under such conditions as may be determined.

(e) To disseminate knowledge of toxicology, contribute to the prevention of poisoning and attend to any consultations on it.

(f) To act as a reference centre in matters relevant to its activities in relation to the Institutes of Legal Medicine, as well as other national and foreign bodies.

(g) Carry out studies of toxicology and forensic sciences, under conditions to be determined by regulation.

(h) They may collaborate with universities and health institutions and national and international bodies in all matters contributing to the development of toxicology and forensic sciences, in accordance with the instructions of the Ministry of Justice or the agreements or agreements made for that purpose.

2. The organization and supervision of the National Institute of Toxicology and Forensic Sciences is the responsibility of the Ministry of Justice. It has its headquarters in Madrid and its scope of action extends to the entire national territory.

Its organizational structure will be determined by royal decree.

It shall be staffed by officials of the Special Bodies referred to in the following paragraphs of this article. In addition, officials of the other bodies may serve in the service of the Administration of Justice, as well as other administrations, under the conditions and conditions established in the corresponding employment relationships, as well as, where appropriate, professionals or experts who are necessary for the performance of their duties or other personnel for the performance of their own activities of trades or instrumentalities, engaged in employment.

3. The Optionals of the National Institute of Toxicology and Forensic Sciences are career officers who constitute a National Corps of Higher Degrees in the service of the Administration of Justice. Depending on the technical and scientific activity of the Institute, specialities may be established within the said Corps.

The functions of the Optional Corps of the National Institute of Toxicology and Forensic Sciences are to provide technical assistance in the fields of their professional disciplines to judicial, governmental authorities, the Public Prosecutor ' s Office and forensic doctors, in the course of judicial proceedings or in pre-trial investigations. To this end, they shall carry out the analyses and investigations requested of them, issue relevant opinions and reports and conduct consultations with them by the authorities referred to, as well as by individuals in the course of judicial proceedings and by public bodies or undertakings which affect the general interest, and contribute to the prevention of poisoning.

They shall provide their services at the National Institute of Toxicology and Forensic Sciences, as well as at the Institutes of Legal Medicine and Forensic Sciences and the administrative units established, in the circumstances and conditions determined in the corresponding job relations.

4. The Specialist Technicians of the National Institute of Toxicology and Forensic Sciences are career officers who constitute a specialized national support body in the service of the Administration of Justice and will perform technical assistance functions specialized in the scientific and research activities of the said Institute, as well as of the Institutes of Legal Medicine and Forensic Sciences.

They shall serve, in the circumstances and conditions established in the employment relations of those bodies.

5. The Laboratory Assistants of the National Institute of Toxicology and Forensic Sciences are career officers who constitute a National Corps in the service of the Administration of Justice, for the performance of functions of support specific to their training, in the scientific and research activities of this Institute, as well as of the Institutes of Legal Medicine and Forensic Sciences, in the form and with the requirements and conditions established in the relations of the jobs of these agencies.

6. Officials of the Special Bodies of the National Institute of Toxicology and Forensic Sciences shall report to the Director of this Institute or, where appropriate, to the Director of the Institute of Legal Medicine and Forensic Sciences in which they serve.

Paragraphs 3 and 4 are amended by final provision 4.5 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 87 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 2 is amended by Art. 6.2 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

CHAPTER II

Personnel registration

It is added by the sole article.124 of the Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 481.

1. The Ministry of Justice shall have a Central Register of Official Personnel in the service of the Administration of Justice, which shall register all staff members of the Service of the Administration of Justice, and shall record all acts affecting the administrative life of the Service of Justice.

This Central Register shall include information on the jobs of the Administration of Justice, their situation, occupation and development.

2. The Autonomous Communities may establish registers in their territorial areas with respect to the staff of the Administration of Justice who provide services there.

3. The Ministry of Justice shall adopt rules determining the information to be included in the Central Personnel Registry and the precautions to be taken to ensure the confidentiality of the data in accordance with the terms established by the legislation in force.

In order to update the records, the Ministry of Justice, with the cooperation of the Autonomous Communities with the powers assumed, shall establish the necessary procedures and instruments of cooperation that guarantee, on the one hand, the immediate entry of the data of all the personnel, regardless of the place of provision of services, and, on the other, the annotation of the creations, modifications or states of current and historical occupation of the jobs assigned to the Administration of Justice.

4. All staff shall have free access to their individual files, which shall in no case contain any information concerning their race, religion or opinion or any other personal or social circumstances that are not relevant to their work.

5. The career officers of the Administration of Justice shall be listed on the rank by order of entry into the Corps with at least the following information:

(a) National identity card.

(b) Name.

(c) Service time in the Corps.

It is amended by article the sole Article, point 31 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

Paragraph 5 is added by Article 88 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

TITLE II

Public employment supply, income and career development

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

CHAPTER I

Public employment supply

It is added by the sole article.124 of the Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 482.

1. The human resource requirements with budgetary allocation will be the subject of a single annual public employment offer, which will be developed in accordance with the criteria for the State public sector set out in the General Budgets Act.

2. In their respective territorial areas, the Autonomous Communities shall determine the human resources requirements for the bodies of officials in the service of the Administration of Justice over which they have assumed competence and shall bring them to the attention of the Ministry of Justice.

3. The Ministry of Justice shall prepare the offer of public employment by integrating the appeal needs identified by the Autonomous Communities with those in the rest of the territory of the State that has not been transferred and shall submit it to the Ministry of Finance and Public Service, which shall submit it to the Government for approval.

4. The Ministry of Justice will call for targeted processes, approved by the public employment offer.

5. A quota of no less than seven per cent of vacancies for persons with disabilities, which are considered as such as those defined in paragraph 2 of the Convention, shall be reserved for offers of public employment. Article 4 of Royal Legislative Decree 1/2013 of 29 November 2013approving the Consolidated text of the General Law on the Rights of Persons with Disabilities and their Social Inclusionprovided that they pass the selective tests and demonstrate the degree of disability and compatibility for the performance of the relevant functions and tasks in a manner to be determined by regulation.

Paragraph 3 is amended by article 32 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

Paragraph 5 is amended by article 89 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 1 is amended by Article 2.2 of Organic Law 8/2002 of 24 October. Ref. BOE-A-2002-20822

Paragraph 1 is amended by Article 6.3 of Organic Law 5/1997 of 4 December. Ref. BOE-A-1997-26034

CHAPTER II

Selection of staff in the service of the Administration of Justice

It is added by the sole article.124 of the Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Text added, published 26/12/2003, in force from 15/01/2004.

Article 483.

1. In accordance with the principles contained in the Article 103.1 of the Spanish Constitutioncareer staff shall be selected on the basis of objectivity and in accordance with the principles of equality, merit, capacity and publicity.

2. The content of the agenda, as well as the tests to be carried out, shall be unique for each body throughout the territory of the State, except for any evidence that may be established for the accreditation of knowledge of the language and of civil, foreign or special law, specific to the autonomous communities with assumed competences, which shall be optional and, in no case, shall be eliminatory, taking into account the score obtained according to the scale established, for the sole purposes of allocating destination within the corresponding autonomous community.

3. Selective tests shall be convened and resolved by the Ministry of Justice and carried out in a territorialized manner in the various areas where vacancies have been grouped. The summons and their bases, which will be unique to each body, will, in any case, be in accordance with the provisions of this law and the royal decree approving the "General Regulations of Entry, Provision of Work Posts and Professional Promotion of Officials in the Service of the Administration of Justice" and will be published in the "Official Gazette of the State" and in the "Official Bulletins" of the Autonomous Communities, simultaneously. If such simultaneity is not possible, the terms and deadlines set out in the call shall in any case be counted from the date of publication in the "Official Gazette of the State".

4. The basis for the call shall be drawn up by the Personnel Selection Commission and approved by the Ministry of Justice, after negotiation with the most representative trade union organisations.

The above-mentioned bases, which will bind the Administration and the courts to judge selective evidence, may be modified only subject to strict rules of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

5. In the calls, the Ministry of Justice shall determine the number of vacancies and the territorial scope for which they are offered.

Likewise, where the number of places or the best development of selective processes so advises, the Ministry of Justice may group vacancies for one or more territories.

Applicants may apply exclusively for participation in one of the territorial areas expressed in the call.

In no case may the selective process in each field be declared to be overtaken by a greater number of applicants than the number of places covered by the call. Applicants who have passed the selective process will be assigned to one of the vacancies located in the same territory for which they have applied for participation.

In the event that places have remained unfilled in any of the territories, the Ministry of Justice may call for additional selective evidence with such places, which may be attended only by applicants who have carried out the last exercise of the previous process.

6. Persons with disabilities will be admitted to targeted proceedings on an equal basis with other applicants. The calls shall not establish exclusions due to mental or physical limitations, without prejudice to incompatibilities with the performance of the corresponding tasks or functions. The tests shall be carried out by persons with disabilities who request the necessary adaptations in terms of time and means.

Paragraph 5 is amended by article 33 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 484.

Access to the general and special bodies of the Administration of Justice shall be effected through the systems and in accordance with the terms set out in the Consolidated text of the Basic Statute of the Public Employee.

It is amended by article 34 of Organic Law 4/2018, of 28 December. Ref. BOE-A-2018-17987

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Paragraph 4 is amended by Article 20 of Organic Law 16/1994 of 8 November. Ref. BOE-A-1994-24612

Article 485.

1. Selection processes may include the performance of a theoretical-practical course or a period of internship, which may be selective.

The rating obtained will serve to set the priority order. However, if they are selective, applicants who do not exceed the same may repeat it in the next one, to which they will be incorporated with the new promotion. If they do not complete this course, they will lose the right to be appointed as career officers.

2. During their performance, applicants shall be considered as trainees, with the rights and obligations to be established by regulation.

3. The selective course or, where appropriate, the traineeship period may be carried out in the training centres, institutes or services of the Autonomous Communities, or in the judicial offices located in the territorial area of the Autonomous Communities.

Paragraph 1 is amended by article 90 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 486.

1. The preparation of the agendas and the basis for the selection of staff to be used for the selection of staff referred to in this book shall be entrusted to a Staff Selection Commission, which shall consist of:

Four members representing the Ministry of Justice, one of whom will assume the Presidency of the Commission and will have a direct vote in the event of a tie in the adoption of agreements.

Four representatives of the autonomous communities with powers in matters of administration of justice, one of whom will assume the Vice-Chair of the Commission.

2. The Commission shall also determine the training programme for the period of traineeship or selective course where appropriate.

3. The rules governing the functioning of the Selection Commission and the manner in which its members are appointed shall be laid down in the royal decree approving the Regulations on Admission, Provision of Workplaces and Professional Promotion of Officials in the Service of the Administration of Justice. The composition of that Commission, in the case of the selection of bodies whose management has not been transferred, shall also be laid down in that Regulation.

4. The agendas shall be approved by the Selection Commission and shall be unique throughout the territory of the State.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 487.

1. The development and qualification of selective evidence is the responsibility of the qualifier courts which are constituted for this purpose.

These courts shall enjoy functional autonomy and shall be held accountable for the objectivity of the procedure and for compliance with the rules contained in the summons.

2. The General Regulations on Admission, Provision of Workplaces and Professional Promotion shall establish the composition of the courts, which shall in any case be composed of an odd number of members, as well as their operating rules, ensuring the specialization of the members of the Court and the agility of the selective process, without prejudice to their objectivity, as well as the regime of incompatibilities, the rights and duties of their members.

The members of the courts shall be appointed by the Ministry of Justice. In the courts established in the territories of the autonomous communities with responsibilities assumed, two out of five members shall be nominated by the competent body of that community.

Paragraph 1 is amended by the sole article.4 of Organic Law 4/2014 of 11 July. Ref. BOE-A-2014-7368.

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Written according to the bug correction published in BOE No. 264 of 4 November 1985. Ref. BOE-A-1985-22752

Article 488.

1. After the selective process has been completed, applicants who have exceeded it, whose number may in no case exceed the number of places called in each area, and who, within the period to be established, demonstrate that they meet the requirements of the call, shall be appointed as career officers by the competent body of the Ministry of Justice.

2. Appointments shall be published simultaneously in the "Official Gazette of the State" and in the Official Bulletins or Diaries of the Autonomous Communities with responsibilities assumed.

3. The allocation of jobs to newly recruited officials shall be made in accordance with their requests among the posts offered to them, in accordance with the order obtained in the selective process.

The destinations awarded shall be final equivalent for all purposes to those obtained by competition.

The jobs offered to newly recruited staff members must have been subject to a pre-removal examination between those already in official status.

4. To acquire the status of career officer, the assigned appointment must be taken over within the time limit set by the regulations.

Paragraph 3 is amended by article 35 of Organic Law 4/2018 of 28 December. Ref. BOE-A-2018-17987

It is amended by article 124 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644