| Post: | President of the Supreme Court and the General Council of the Judiciary |
| Insignia: | Coat of Arms of the General Council of the Judicial Power of Spain.svg |
| Insigniasize: | 100px |
| Insigniacaption: | Coat of Arms of the General Council of the Judiciary |
| Incumbent: | Francisco Marín Castán |
| Acting: | yes |
| Incumbentsince: | 12 October 2022 |
| Department: | General Council of the Judiciary Supreme Court of Spain Office of the President of the Supreme Court |
| Style: | The Most Excellent |
| Seat: | Salesas Reales Convent, Madrid |
| Nominator: | General Council of the Judiciary |
| Appointer: | Monarch |
| Termlength: | 5 years, renewable once |
| Constituting Instrument: | Constitution of 1812 |
| First: | Ramón Posada y Soto |
| Unofficial Names: | Chief of the Judiciary |
| Deputy: | Vice President |
| Salary: | €151,186 per year[1] |
| Website: | poderjudicial.es |
The President of the Supreme Court and also President of the General Council of the Judiciary is the highest judicial authority of the Kingdom of Spain and holds the representation of the judicial branch and its governing body, the CGPJ.[2] The office of President of the Supreme Court is foreseen in the Constitution as well as giving to the president the presidency of the General Council of the Judiciary. As a parliamentary monarchy, the President of the Supreme Court is appointed by the Monarch after being nominated by the Plenary of the General Council of the Judiciary, who serves until the end of its 5-years-term, its dismissal by the CGPJ or its resignation.
The President of the Supreme Court also chairs the special courts, such as the Jurisdiction Conflicts Chamber which resolve conflicts between the civil and military justice, the Jurisdiction Conflicts Court which resolve conflicts between the Courts of Justice and the Administration, the Competence Conflicts Chamber which resolve conflicts between different Courts of Justice and the Chamber for Section 61, which is in charge of major cases against the Supreme Court justices, of reviewing some sentences and of the illegalization of political parties when they promote illicit activities, do not have a democratic internal organization or there is any cause of illegality foreseen in the Criminal Code.
Since the Supreme Court was established in 1812, 47 people have served as president. The first was Ramón Posada y Soto (1812–1814). The General Council of the Judiciary was established in 1978 and the first meeting was in 1980, electing Ángel Escudero del Corral as its president. The current acting president of the Supreme Court is Francisco Marín Castán since 2022.[3]
According to Article 598 of the Judiciary Organic Act, the CGPJ President is entitled to:[4]
From the President of the Supreme Court depends the Office or Cabinet of the Presidency, headed by a Director who is freely appointed and dismissed by the incumbent president. This office and tis director exercise the duties that the president entrusts him and directs the Services of Secretariat of Presidency, both of the Supreme Court and the General Council of the Judiciary.[6]
Only a Magistrate of the Supreme Court or those members of the judicial career or jurists of recognized competence who meet the legal requirements to access the category of Magistrate of the Supreme Court may hold the office of Director of the Office of the Presidency.
According to the provisions of Section 586 of the Judiciary Organic Act, to be elected President of the Supreme Court and the General Council of the Judiciary:
The president is elected in the Plenary of the Council if he has obtained the confidence of three fifths of the members of the Plenary. If this was not the case, a second ballot would be held between the two candidates most voted in the first ballot, and the one who obtained the most support would be elected president. Once elected, the election will be communicated to the Monarch who will appoint the nominated candidate to be president. Subsequently, the appointed president will take oath before the Monarch and the Plenary of the Court.[7]
Pursuant to Section 588 of the Judiciary Organic Act, the President of the Supreme Court and the General Council of the Judiciary shall cease for the following reasons:[8]
The Oath of the President of the Supreme Court, all the judges of the Court and all the members of the judicial career is regulated in Section 318 of the Organic Act of the Judiciary.
See main article: List of presidents of the Supreme Court of Spain. Since 1812, there have been numerous presidents of the Supreme Court, however, the General Council of the Judiciary is relatively younger. This list only includes the presidents who have been at the same time presidents of the General Council of the Judiciary: