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Courts and Tribunals

ARTICLE 122. Courts and Tribunals. Operation and control of the Courts and Tribunals as well as the legal status of professional Judges and Magistrates, who shall form a single body, and of the staff serving in the administration of justice. General Council of The Judiciary.

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Courts and Tribunals

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  1. ARTICLE 122 • Courts and • Tribunals • Operation and control of the Courts and Tribunals as well as the legal status of professional Judges and Magistrates, who shall form a single body, and of the staff serving in the administration of justice. • General Council of • TheJudiciary • Organic law shall set up its statutes and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and the disciplinary system. • An organic law shall set up its statutes and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, inspection and the disciplinary system.

  2. ARTICLE 123 • TheSupreme • Court • The Supreme Court, with jurisdiction over the whole of Spain, is the highest judicial body in all branches of justice, except with regard to the provisions concerning Constitutional guarantees. • The President of the Supreme Court shall be appointed by the King, on being proposed by the General Council of the Judiciary, in the manner to be established by the law.

  3. ARTICLE 124 • Public • Prosecutor’s • Office • The Office of the Public Prosecutor, without prejudice to the functions entrusted to other bodies, has as its mission that of promoting the operation of justice in the defence of the rule of law, of citizens’ rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the Courts and securing through them the satisfaction of social interest. • The Office of Public Prosecutor exercises its duties through its own bodies in accordance with the principles of unity of action and hierarchical dependency, subject in all cases to the principles of the rule of law and of impartialit State Public Prosecutor • The organic statute of the Office of the Public Prosecutor shall be regulated by law. • The State Public Prosecutor shall be appointed by the King on being nominated by the Government, after consultation with the General Council of the Judiciary

  4. ARTICLE 125 Establishment of the Jury • Citizens may engage in popular action and participate in the administration of justice through the institution of the Jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts.

  5. ARTICLE 126 • Judicial • Police • The judicial police are answerable to the Judges, the Courts and the Public Prosecutor when excercising their duties of crime detection and the discovery and apprehension of criminals, under the terms to be established by the law

  6. ARTICLE 127 Incompatibility of Judges, Magistrates and Public Prosecutors • Judges and Magistrates, as well as Public Prosecutors, whilstactively in office, may not hold other public office nor belong to politicalparties or trade unions. The law shall lay down the system and methodsof professional association for Judges, Magistrates and Prosecutors. • The law shall establish the system of incompatibilities for members of the Judiciary, which must ensure their total independence.

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