The definition of «jurist of recognized prestige» and the legal standing of civil entities. Commentary on Supreme Court Judgment 5059/2023, of December 13

Abstract

The Spanish Supreme Court judgment STS 5059/2023 addresses the challenge to Royal Decree 926/2022, which appointed Magdalena Valerio as President of the Council of State. This case was brought by the “Hay Derecho” Foundation, which contested the appointment, arguing that Valerio did not meet the legal requirements of being a "jurist of recognized prestige," as stipulated by Article 6.1 of Organic Law 3/1980. The judgment holds significant legal importance as it defines, for the first time, the concept of "legal prestige," establishing that it entails a professional trajectory of at least 15 years, public recognition, and mastery of legal expertise.

The ruling also examines the “Hay Derecho” Foundation's standing to file the appeal, emphasizing that its work in defending the rule of law and promoting transparency in public administration grants it legitimate interest. This decision expands the concept of legal standing for civil organizations, enabling them to act as guardians of legality in administrative proceedings.

Furthermore, the judgment highlights the necessity of adhering to objective and meritocratic criteria in the appointment of senior public officials, ensuring the independence, professionalism, and transparency of institutions. This decision not only sets a legal precedent but also encourages broader discussions on institutional reform, combating arbitrariness, and strengthening public trust in governmental bodies.