Historical-constitutional and comparative law notes on entry and training in the spanish judiciary: a reifyng model

Abstract

It is essential to understand that the selection and training of judges, the knowledge, skills and competencies they acquire during this process, are decisive to effectively guarantee the fundamental rights of citizens and the effective deployment of the Social and Democratic State of Law enshrined in the Constitution. For this reason, it is necessary to determine whether the social, cultural, political and generational changes that are taking place at an unprecedented rate in our society, of incontrovertible importance in the administration of justice, are reflected in the knowledge required by our model of access to justice. judiciary. A question that must be answered by discerning what is the judicial function in the Constitutional State; What legal status protects the judge as a public official in charge of administering justice and how judicial recruitment has developed in Spain throughout history, comparing it with the cooptation systems of legal systems analogous to ours, but also of a dissimilar nature, like the common law. All this should allow us, finally, to reflect on whether our current system of access to the judicial career is consistent with the prior training of applicants, their vital and generational context and the canons of transparency, equality, transversality, good administration and efficiency that permeate any public activity in the 21st century.