Judiciary of Spain
Encyclopedia
The Judiciary of Spain consists of Court
s and Tribunal
s, composed of judge
s and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The Spanish legal system is a civil law
system based on comprehensive legal codes and laws rooted in Roman law
, as opposed to common law
, which is based on precedent court rulings. Operation of the Spanish judiciary is regulated by Organic Law 6/1985 of the Judiciary Power, Law 1/2000 of Civil Judgement, Law of September 14 1882 on Criminal Judgement, Law 29/1998 of Administrative Jurisdiction, Royal Legislative Decree 2/1995, which rewrote the Law of Labour Procedure, and Organic Law 2/1989 that regulates Military Criminal Procedure.
Entrance to the judiciary is limited to Spanish nationals who hold a Bachelors Degree in Law
issued by a Spanish university and who are not legally disbarred from applying. Applicants must pass a competitive state exam, a state exam with contest of merits, or a contest of merits. Selected appplicants enter the Judiciary School where they take mandatory courses over a year, as well as carrying out practical courses as associate judges in courts and tribunals of the different jurisdictional orders. Candidate passing this course are then sworn in as judges. Magistrates of the supreme court can be drafted in a contest of merits between prestigious jurists and lawyers with more than fifteen years of professional experience. One in every five judges of the supreme court is recruited this way. Justices of the peace do not belong to the judiciary and are local people elected by the town council of the city where they were appointed.
Judges and magistrates are banned from membership of political parties and trade unions, from issuing messages of congratulation or censuring public powers or official corporations, and from attending public meetings or rallies in their role as members of the judiciary.
guarantees respect for the essential principles necessary for the correct functioning of the judiciary:
. This constitutional body, although not a court in itself, is responsible for overseeing the work of all courts and tribunals of Spain, as well as of allocating judges and magistrates to each of them.
The General Council is composed of 20 members, twelve of who must be judges and magistrates and the remaining eight other jurists (lawyers, professors etc.) of renowned competence and with more than fifteen years professional experience. Of the twelve judges, six are elected by the Congress of Deputies and six by the Senate by three fifths supermajority from a list of thirty-six candidates proposed by professional associations of judges and magistrates according to the size of their membership or any independent candidate who obtains the endorsement of two percent of their colleagues. Of the eight jurists four are elected by the Congress of Deputies and four by the Senate by three fifths supermajority.
, criminal jurisdiction
, administrative jurisdiction
, labour or social jurisdiction
and military jurisdiction.
. Each order is composed of several different circuits.
; the autonomous community
; and the nation.
)
The supreme court is the highest judiciary body in Spain. Composed of five halls, it covers all jurisdictional orders and its rulings cannot be appealed, except to the Constitutional Court
, when one of the parties claims that their constitutional rights have been infringed.
Based in Madrid, the Audiencia Nacional has jurisdiction over the entire territory of the nation. It is composed of three halls that cover:
The Audiencia Nacional also has specialized courts dealing with criminal inquiried, penitentiary surveillance and juvenile cases.
Some jurists consider this court to be unnecessary and a successor to the Public Order Court, the political court during the Francoist Period.
is usually not considered part of the judiciary, but as an independent branch of the state responsible for interpretation of the constitution. Despite this, its functionality and activities are usually similar to those of the rest of the judiciary.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s and Tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s, composed of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The Spanish legal system is a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
system based on comprehensive legal codes and laws rooted in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, as opposed to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, which is based on precedent court rulings. Operation of the Spanish judiciary is regulated by Organic Law 6/1985 of the Judiciary Power, Law 1/2000 of Civil Judgement, Law of September 14 1882 on Criminal Judgement, Law 29/1998 of Administrative Jurisdiction, Royal Legislative Decree 2/1995, which rewrote the Law of Labour Procedure, and Organic Law 2/1989 that regulates Military Criminal Procedure.
Careers in the judiciary
The Spanish Judiciary is a professional judiciary whose members are public servants divided into the three categories of judge, magistrate, and supreme court magistrateEntrance to the judiciary is limited to Spanish nationals who hold a Bachelors Degree in Law
Legal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business...
issued by a Spanish university and who are not legally disbarred from applying. Applicants must pass a competitive state exam, a state exam with contest of merits, or a contest of merits. Selected appplicants enter the Judiciary School where they take mandatory courses over a year, as well as carrying out practical courses as associate judges in courts and tribunals of the different jurisdictional orders. Candidate passing this course are then sworn in as judges. Magistrates of the supreme court can be drafted in a contest of merits between prestigious jurists and lawyers with more than fifteen years of professional experience. One in every five judges of the supreme court is recruited this way. Justices of the peace do not belong to the judiciary and are local people elected by the town council of the city where they were appointed.
Judges and magistrates are banned from membership of political parties and trade unions, from issuing messages of congratulation or censuring public powers or official corporations, and from attending public meetings or rallies in their role as members of the judiciary.
Constitutional principles
The Spanish ConstitutionSpanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
guarantees respect for the essential principles necessary for the correct functioning of the judiciary:
- Impartiality: to guarantee the assured effective judicial trusteeship to all citizens by the Constitution, judges must remain impartial in cases that they judge and must abstain from cases that they have no reason to enter into.
- Independence: courts and tribunals are independent of all authority or people in the exercise of jurisdictional power.
- Immobility: judges and magistrates are immobile and cannot be moved, suspended, separated or retired without cause and with guarantees established by law.
- Responsibility: judges and magistrates are personally responsible for their disciplinary infractions and crimes committed in the exercise of their office; this responsibility can only be demanded by the established legal disciplinary tract, without interference by the executive or legislative branches of the government or through ordinary legal proceedings.
- Legality: in the exercise of their jurisdictional functions, judges and magistrates are subject to the Constitution and to the rest of the laws just as other branches of government and citizens are.
Government
Governance of the Spanish Judiciary is assigned to the General Council of the JudiciaryGeneral Council of the Judicial Power of Spain
The General Council of the Judiciary is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judiciary Power...
. This constitutional body, although not a court in itself, is responsible for overseeing the work of all courts and tribunals of Spain, as well as of allocating judges and magistrates to each of them.
The General Council is composed of 20 members, twelve of who must be judges and magistrates and the remaining eight other jurists (lawyers, professors etc.) of renowned competence and with more than fifteen years professional experience. Of the twelve judges, six are elected by the Congress of Deputies and six by the Senate by three fifths supermajority from a list of thirty-six candidates proposed by professional associations of judges and magistrates according to the size of their membership or any independent candidate who obtains the endorsement of two percent of their colleagues. Of the eight jurists four are elected by the Congress of Deputies and four by the Senate by three fifths supermajority.
Jurisdictional orders
The Spanish Judiciary is divided into five jurisdictional orders, civil jurisdictionPrivate law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, criminal jurisdiction
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, administrative jurisdiction
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, labour or social jurisdiction
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
and military jurisdiction.
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
. Each order is composed of several different circuits.
Territorial organisation
Different levels of territorial organisation apply to the judiciary: the judicial district is the basic unit which covers one or several municipalities and is served by at least one first instance and inquiry court; the provinceProvinces of Spain
Spain and its autonomous communities are divided into fifty provinces .In other languages of Spain:*Catalan/Valencian , sing. província.*Galician , sing. provincia.*Basque |Galicia]] — are not also the capitals of provinces...
; the autonomous community
Autonomous communities of Spain
An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
; and the nation.
Supreme Court
(See Supreme Court of SpainSupreme Court of Spain
The Supreme Court of Spain is the highest court in Spain for all matters not pertaining to the Spanish Constitution. The court which meets in the Convent of the Salesas Reales in Madrid, consists of a president and an indeterminate number of magistrates appointed to the five chambers of the...
)
The supreme court is the highest judiciary body in Spain. Composed of five halls, it covers all jurisdictional orders and its rulings cannot be appealed, except to the Constitutional Court
Constitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
, when one of the parties claims that their constitutional rights have been infringed.
Audiencia Nacional
(See "Audiencia Nacional")Based in Madrid, the Audiencia Nacional has jurisdiction over the entire territory of the nation. It is composed of three halls that cover:
- Criminal jurisdiction in cases pertaining to crimes against the Spanish Crown, terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, organized crimeOrganized crimeOrganized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
, counterfeiting and crimes committed in more than one jurisdiction.
- Administrative jurisdiction, deals with appeal cases against resolutions of ministers, secretaries of state, the Council of Ministers] and the chiefs of staff of the armed forces.
- Social jurisdiction involves cases pertaining to collective bargaining agreements that cover more than the territory of one autonomous community.
The Audiencia Nacional also has specialized courts dealing with criminal inquiried, penitentiary surveillance and juvenile cases.
Some jurists consider this court to be unnecessary and a successor to the Public Order Court, the political court during the Francoist Period.
High Courts of Justice
These courts have authority over one autonomous community, and are the highest jurisdictional body of the autonomous community without prejudice to the Supreme Court. They are divided into three halls covering four jurisdictional orders:- The First Hall, or Civil and Criminal Hall: is responsible of civil cases involving acts by the president of the autonomous community, members of the government council or of the legislature, and in cases of communities with their own civil law appealing against rulings by inferior courts. In the Case of the Criminal Jurisdiction, to inquire, and proceed in the cases related to public prosecutors, judges, magistrates, members of the legislature and government council, that relate to their activity within the autonomous community.
- The Second or Administrative Hall: hears appeals against resolutions of state bodies not assigned to other courts, appeals against resolutions of the government of an autonomous community or its members, appeals against resolutions of legislative bodies pertaining to administration, appeals against electoral boards and appeals against first instance rulings by administrative courts.
- The Third or Social Hall: is responsible for appeals against the rulings of first instance social courts and of cases pertaining to collective bargaining agreements that affect the territory of one autonomous community.
Audiencia Provincial
The Audiencia Provincial is a court that covers the territory of one province and is responsible for two jurisdictional orders, civil and criminal.- Civil halls: are responsible for appeals against judgements by courts of first instance.
- Criminal halls: judge serious criminal cases.
Unipersonal courts
Unipersonal courts are those courts that are controlled by one judge as opposed to the rest of the superior courts controlled by panels of judges. They are the basic units of judicial procedure in Spain.Courts of first instance
These are the basic courts of civil jurisdiction assigned to judicial districts, and hear all cases not corresponding to superior courts, they also act as second instance courts for rulings by peace courts. Judges of first instance are usually responsible for the civil registry.Courts of inquiry
Courts of inquiry are responsible for investigating all criminal cases in order for them to be judged by superior courts. In the case of smaller districts, first instance and inquiry courts are usually unified under the responsibility of one judge.Criminal courts
Judge less serious crimes and misdemeanours, as well as acting as second instance courts for peace courts. They are assigned to a province.Administrative courts
Are responsible for all cases corresponding to appeals for national and autonomic bodies not assigned by the constitution to other courts as of the appeals to resolutions issued by municipal bodies. They are assigned to a province.Social courts
Social courts are basic courts related to labour law, and are assigned to a province.Peace courts
These are assigned to a municipality that is not the head of a judicial district and headed by a justice of the peace. Their responsibilities relate to the criminal and civil orders in minor cases.Juvenile courts
Criminal cases committed by those who are over 14 years old and under 18 years old are the responsibility of juvenile courts and are ruled under the Organic Law 1/2000 “of Criminal Responsibilities of Minors”Penitentiary surveillance courts
Oversee penitentiary conditions for criminals and establish penitentiary degrees or conditional freedom.The Constitutional Court
The Constitutional CourtConstitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
is usually not considered part of the judiciary, but as an independent branch of the state responsible for interpretation of the constitution. Despite this, its functionality and activities are usually similar to those of the rest of the judiciary.