The CGPJ declares the forced retirement of Magistrate Juan Carlos Peinado

The Permanent Commission of the General Council of the Judiciary (CGPJ) has declared the compulsory retirement due to age of Magistrate Juan Carlos Peinado García, effective from September 27, 2026. The agreement was adopted on June 23, 2026, and is signed by the president of the CGPJ, María Isabel Perelló Doménech. It is published in the Official State Gazette (BOE) no. 238, of September 26, 2026, section II.A, page 126197, with official reference BOE-A-2026-19944.

The agreement is based on articles 131.3 and 386.1 of the Organic Law 6/1985, of July 1, of the Judiciary, and on article 28.2 a) and 3 e) of the Royal Legislative Decree 670/1987, of April 30, which approves the Revised Text of the State Passive Classes Law. The resolution is issued by agreement of the Permanent Commission adopted at its meeting on June 23, 2026, and appears in the appointments, situations, and incidents section of the gazette.

The text declares the compulsory retirement due to age of the magistrate “for reaching the legally established age on September 27, 2026,” with the passive rights corresponding to him for this cause, and specifies that the retirement will take effect as of that same date.

The magistrate’s assignment

According to the agreement, Peinado García was a magistrate assigned to the Instruction Section of the Court of First Instance of Madrid, position no. 41. The BOE had already recorded his arrival at that position: an agreement of the Permanent Commission published on April 28, 2016 (BOE-A-2016-4045) assigned him to the position of the then Instruction Court number 41 of Madrid, coming from Criminal Court number 7 of Madrid.

Previously, in 2012, the gazette had published his transfer from Criminal Court number 4 of Getafe to Criminal Court number 7 of Madrid (BOE-A-2012-8328). Position no. 41 of the Instruction Section of the Court of First Instance of Madrid is, therefore, the one affected by the declared retirement.

The terms of the agreement

The elements established by the published resolution are as follows:

• Agreeing body: the Permanent Commission of the General Council of the Judiciary, at its meeting on June 23, 2026.
• Effective date of retirement: September 27, 2026.
• Cause: reaching the legally established age.
• Economic consequence: the passive rights corresponding to him for this cause.
• Signature: the president of the General Council of the Judiciary, María Isabel Perelló Doménech, in Madrid, on June 23, 2026.
• Publication: Official State Gazette no. 238, of September 26, 2026, section II.A, page 126197.

What the agreement does not detail

The published agreement does not specify the substitution regime for the magistrate nor the distribution of the proceedings handled by position no. 41 of the Investigating Section of the Madrid Court of First Instance. It also does not mention specific pending matters nor the procedure that will be followed to fill the position.

The publication in the Official State Gazette provides official notice of the magistrate’s departure and sets the exact date from which position no. 41 of the Investigating Section of the Madrid Court of First Instance remains without its holder. This information is relevant for the ordinary functioning of the judicial body and for the calculation of the administrative and economic effects of the retirement.

Source: Official State Gazette (BOE), no. 238, September 26, 2026, section II.A, p. 126197 (official reference: BOE-A-2026-19944).