Following the European model, manydeveloping, and transitional economies have establishedcouncils, independent of other government branches to governtheir judiciaries. Spain's experience illustrates theissues raised by the creation, and operation of theseentities. It's Constitution states that the Council isto consist of the president of the Supreme Court whopresides over it, plus twenty individuals, each of whomserves for five years. It is further required by theConstitution, that eight members from outside the judiciarybe appointed by a three-fifths majority of Parliament.Nonetheless, the country's diverse political camps havediffered on the methods for selecting members for thejudiciary: opponents of election by judges cite potentialideological confrontations within the judiciary, and, thepossible tendency to emphasize the interests of those whoelected them is another factor. While experience suggeststhere is no single right answer to the selection of Councilmembers, it does point to a broader latitude in electiondecisions. The note thus examines the core functions of theCouncil, as specified by the Constitution. Though not acourt, the Council tasks are managerial, and administrative,and, develops and implements policies relating specificallyto the organization of the judiciary.
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