La potestad reglamentaria del Consejo General del Poder Judicial y sus límites

Authors

  • Jorge Fernández-Miranda

Keywords:

Consejo General del Poder Judicial, regulation power, legal basis

Abstract

Throughout this paper we examine the power to make regulations conferred by the Spanish law to the Consejo General del Poder Judicial. We do so in light of the en banc Spanish Supreme Court ruling 42/2011 October 28th, as well as the filed dissenting opinion. The work deals not only with the roots of such a power and its boundaries, as defined by the courts, but also with the legal amendments and the legal framework envisaged in the Regulation CGPJ 3/2010 on public access to the court opinions and other judicial documents. Doing so, we try to shade light on the regulation power of the CGPJ and to enhance the opinions of the scholars on this issue and its importance then and now.