Articles
Competences
Article 89(3) of the Constitution also mentions that the CSJ, with the purpose of watching over the proper functioning of justice, “may render its opinion in relation to the drafting of bills affecting the Judiciary or to report on the situation of the latter”.
Subtended from this is a true function of legal and technical advice by the CSJ with regard to the preparation of bills which may, in any form, have a direct or indirect impact on the organisation and functioning of the courts or the Judiciary in general, or affect more globally the independence or intangibility of the judicial power.
Article 37 of the Qualified Law of Justice envisages two types of opinions which may be issued by the CSJ: one to “give an account of the situation and functioning of the Administration of Justice” (1) and others to “promote improvements in the laws in the judicial ambit” (2).
1) Reports to "given an account of the situation and functioning of the Administration of Justice"
This type of report requires a previous task, on the part of all the courts, of collecting the information and sending this information to the CSJ. The latter is clearly in charge of collating the information and the final drafting. These reports must be produced at least once a year and can include various aspects, such as the management of personnel, of materials and of funds granted to the Administration of Justice.
2) Reports “to promote improvements in the laws in the judicial ambit”
This power must be understood not only in the strictest sense, as promoting improvements in the existing laws in the judicial ambit, but also as being able to be defined by the CSJ in the urging a legislative initiative; for example, proposing projects for regulations in certain matters still not regulated, but which could affect the Administration or the functioning of justice and the judicial power as globally understood.
We can conclude, then, that the global function of the CSJA can be defined not only as a daily administration organ, but also as a guarantee of the independence of the judiciary and as the motor of rationalisation and adaptation and, therefore, of the continuous modernisation of the judiciary.
Subtended from this is a true function of legal and technical advice by the CSJ with regard to the preparation of bills which may, in any form, have a direct or indirect impact on the organisation and functioning of the courts or the Judiciary in general, or affect more globally the independence or intangibility of the judicial power.
Article 37 of the Qualified Law of Justice envisages two types of opinions which may be issued by the CSJ: one to “give an account of the situation and functioning of the Administration of Justice” (1) and others to “promote improvements in the laws in the judicial ambit” (2).
1) Reports to "given an account of the situation and functioning of the Administration of Justice"
This type of report requires a previous task, on the part of all the courts, of collecting the information and sending this information to the CSJ. The latter is clearly in charge of collating the information and the final drafting. These reports must be produced at least once a year and can include various aspects, such as the management of personnel, of materials and of funds granted to the Administration of Justice.
2) Reports “to promote improvements in the laws in the judicial ambit”
This power must be understood not only in the strictest sense, as promoting improvements in the existing laws in the judicial ambit, but also as being able to be defined by the CSJ in the urging a legislative initiative; for example, proposing projects for regulations in certain matters still not regulated, but which could affect the Administration or the functioning of justice and the judicial power as globally understood.
We can conclude, then, that the global function of the CSJA can be defined not only as a daily administration organ, but also as a guarantee of the independence of the judiciary and as the motor of rationalisation and adaptation and, therefore, of the continuous modernisation of the judiciary.