Legal Challenge Against Magistrate Positions for Jurists: What to Do if You Participate in the 2026 Call

Key data

Jurists with more than 10 years of experience in administrative law matters who aspire to access the Judicial Career as a Magistrate face significant procedural uncertainty: the call in which they are participating has been challenged before the Supreme Court. The administrative law challenge 2/1275/2026, processed by the Sixth Section of the Administrative Law Chamber of the Supreme Court, directly challenges the Agreement of June 9, 2026 of the Permanent Commission of the General Council of the Judicial Power (CGPJ), by which that selection process was called.

On September 28, 2026, the General Secretariat of the CGPJ published the summons in the BOE, ordered by the Supreme Court, so that those interested in maintaining the call can appear as defendants. This summons is a standard procedural step provided for in article 49 of Law 29/1998, on Administrative Law Jurisdiction.

What does this regulation establish?

The Agreement of September 28, 2026 does not modify the call or introduce new rules for the selection process. Its function is exclusively procedural: to notify potential interested parties that there is an active legal challenge against the call and to give them the opportunity to participate in the process as a defendant.

The mechanism works as follows:

• A third party (whose identity is not detailed in the agreement) has filed challenge 2/1275/2026 before the Supreme Court against the CGPJ Agreement of June 9, 2026.
• The Supreme Court has requested the complete administrative file of the call from the CGPJ.
• The Court orders summons to those who have an interest in maintaining the call (that is, admitted candidates) so they can appear as defendants.
• The deadline to appear is 9 days from publication in the BOE (October 5, 2026).
• Anyone who does not appear within the deadline loses the opportunity to defend their interests directly in the process, although the outcome of the challenge will affect them equally.

The outcome of the challenge could directly affect the selection process: if the Supreme Court upholds the challenge, the call could be annulled in whole or in part, which would affect all candidates participating in it.

Economic and operational impact

The impact is not economic in the strict sense, but rather professional and career-related. For the affected jurists, the operational consequences are clear:

• Uncertainty about the selection process: While the challenge is pending resolution, the process could be suspended or, in the worst case, annulled if the Supreme Court upholds the challenge.
• Cost of appearing: Appearing as a defendant before the Supreme Court involves hiring procedural representation (solicitor and lawyer), with the associated cost. Not appearing is free, but means forgoing the opportunity to actively defend the validity of the call.
• Risk of annulment: If the challenge succeeds and the candidate has not appeared, they will not have been able to present arguments or submit evidence to protect their position in the selection process.
• Professional planning: Candidates who have reorganized their professional activity to prepare for the selection process must consider the scenario of delay or annulment.

Who does it affect?

• Jurists with more than 10 years of professional practice in matters within the administrative law jurisdiction who have submitted applications to the CGPJ's call of June 9, 2026.
• Candidates admitted to the selection process for access to the Judicial Career in the Magistrate category through the route of jurists of recognized competence.
• Law firms, legal advisory firms and public bodies whose professionals participate in that call.
• The CGPJ itself, as the main defendant, and the General Administration of the State to the extent that the selection process affects the provision of judicial positions.

Practical example

An administrative lawyer with 15 years of professional practice, specialized in administrative law, submitted his application to the CGPJ's call of June 9, 2026 to access the Judicial Career as a Magistrate. He has passed the initial phases of the selection process and has well-founded expectations of obtaining a position.

On October 5, 2026, the summons is published in the BOE. This professional has 9 calendar days (until approximately October 14, 2026) to decide whether to appear as a defendant before the Sixth Section of the Administrative Law Chamber of the Supreme Court in challenge 2/1275/2026.

If he decides to appear, he must hire a solicitor and lawyer qualified before the Supreme Court, submit the appearance brief within the deadline and follow the judicial process. If he does not appear, the challenge continues and, if the Supreme Court annuls the call, he will lose the position without having been able to present any arguments in his defense.

What should those affected do now?

1. Verify if you are participating in the challenged call: Check if your application corresponds to the selection process called by the CGPJ on June 9, 2026 for jurists of recognized competence with more than 10 years in administrative law.
2. Consult urgently with a lawyer specialized in administrative law: The 9-day deadline from October 5, 2026 is very short. Do not wait: the decision to appear or not must be made with qualified legal advice.
3. Assess the convenience of appearing: Appearing as a defendant allows you to actively defend the validity of the call and submit arguments. Not appearing means being left out of the judicial process, although its effects will affect you equally.
4. Prepare supporting documentation: If you decide to appear, your lawyer will need documentation proving your status as an interested party (participation in the selection process, admission, etc.).
5. Monitor the status of the challenge: Regardless of whether you appear, follow the progress of challenge 2/1275/2026 before the Supreme Court, as its resolution will determine the continuation or annulment of the selection process.

Official source

View complete regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20663