Articles

According to the same Article 89(1) and the exposition of grounds of the Qualified Law of Justice, the CSJ "as the organ of representation, government and administration of the judicial organisation, watches over the independence and proper functioning of justice".

I.  The duty of watching over independence

The judiciary, as a third power, is represented by the Higher Council of Justice and, in particular, by its president in all public acts. By protocol, the president of the CSJA must be honoured as the third personality of the State.

This aforesaid duty of watching over the independence of Justice involves two aspects: the independence of the acts of the judiciary (1) and the independence of the members of the Administration of Justice (2).

1) The independence of acts of the judiciary

The acts of the judicial authority enjoy a special regime which allows them to be removed from subjection to any authority and, in particular, the political authority. The authority of a res judicata confers on judicial decisions the force of legal verity. The task of the CSJ is to ensure that this principle is respected.

2) The independence of the members of the Administration of Justice

With regard to the members, the principle of immovability of the judges is enshrined in Article 85 of the Constitution, and in Articles 67 and 68 of the LQJ. The duty of the CSJ is to ensure that no interference takes place of any kind which could obstruct this principle of immovability.

II.  The duty of watching over the proper functioning of justice

This duty is also set out in Article 89(3) of the Constitution:

“The Higher Council of Justice appoints the Magistrates and Judges, exercises disciplinary authority over them and promotes the conditions for the Administration of Justice to carry out its duties with the means available.” Thus it is responsible for the management of human resources (1), materials and finance (2) of the Administration of Justice.

1) Human resources management

This function includes the recruitment of magistrates and judges for the Administration of Justice, that is to say, the determination of places to be provided, with the subsequent selection of candidates, their appointment and taking of the oath. The CSJ also takes on formal control of the activity of the magistrates, judges and other functionaries of the Administration of Justice and, in particular, disciplinary control.

Since the first of July 2004, when the Law of the Public Function of the Administration of Justice came into force, the CSJ has had its own regulation to govern its public function. In this way the CSJ, in order to promote the content of that law, has the human resources to guarantee the supply of the service to the public.

2) Management of material and financial resources

The management of material resources of the Administration of Justice includes the management of purely material means, such as premises, furniture and sundry equipment.

The management of financial resources can be broken down into two operations: the preparation of the general budget of the Administration of Justice and subsequent control of the correct use of the financial means granted to each jurisdiction.