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The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
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The Judiciary of Spain consists of Courts and Tribunals, composed of judges 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 Judicial 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. [1]
The Spanish Constitution guarantees respect for the essential principles necessary for the correct functioning of the judiciary:
The judiciary can be organised into different levels of territorial organisation:
The judiciary can be also organised into five jurisdictional orders, which are each composed of several different circuits:
Unipersonal courts are those courts that are controlled by one judge as opposed to the rest of the High Courts of Justice controlled by panels of judges. They are the basic units of judicial procedure in Spain.
The Supreme Court of Spain (Tribunal Supremo) is the highest judicial body in Spain. Composed of five chambers, it has cognizance of 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.
The Audiencia Nacional , based in Madrid, has jurisdiction over the entire territory of the nation. It has four Chambers, although it is composed of 3 jurisdictions, that cover:
The Audiencia Nacional also has specialized courts dealing with criminal inquiries, 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. [2]
The High Courts of Justice (Tribunal Superior de Justicia) have authority over a single autonomous community, and are the highest jurisdictional body of the autonomous community without prejudice to the Supreme Court. [3] They are divided into three Chambers covering four jurisdictional orders:
Some examples are:
The Audiencia Provincial is a court that covers the territory of a single province and is responsible for two jurisdictional orders, civil and criminal.
The courts of first instance are the basic courts of civil jurisdiction assigned to judicial districts. They hear all cases not assigned to High Courts of Justice, and also act as courts of second instance (appeal) in relation to rulings by Justices of the Peace. Judges of first instance are usually responsible for the civil registry.
Courts of inquiry are responsible for investigating all criminal cases in order for them to be judged by High Courts of Justice. In the case of smaller districts, first instance and inquiry courts are usually unified under the responsibility of one judge. [4]
Judge less serious crimes and misdemeanor, as well as acting as second instance (appeal) courts for the courts of Justices of the Peace. They are assigned to every judicial district – a smaller division inside of a province which includes various municipalities –.
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 are basic courts related to labour law, and are assigned to a province.
These courts are assigned to a municipality that is not the head of a judicial district and are presided over by a justice of the peace. Their responsibilities relate to the criminal and civil orders in minor cases.
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”
Oversee penitentiary conditions for criminals and establish penitentiary degrees or conditional freedom.
The Constitutional Court is 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. [5]
The Spanish Judiciary is a professional judiciary whose members are public servants divided into the three categories of judge, magistrate, and Supreme Court magistrate [6]
Entrance to the judiciary is limited to Spanish nationals who hold a Bachelor's 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. [7] Selected applicants 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. Candidates passing this course are then sworn in as judges. [8] 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. [9] One in every five judges of the supreme court is recruited this way. [10] 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, [11] 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. [12]
Governance of the Spanish Judiciary is assigned to the General Council 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. [13] 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. [14]
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German.
The Court of Cassation of Belgium is the supreme court of the Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory.
The General Council of the Judiciary is the national council of the judiciary of Spain. It 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 Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.
The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The tribunals of first instance are the main trial courts in the judicial system of Belgium. The tribunals of first instance are courts of general jurisdiction; in the sense that they have original jurisdiction over all types of cases not explicitly attributed to other courts. They handle a wide range of civil cases, criminal cases, and cases under the scope of juvenile law and family law. They also hear appeals against the judgements of the police tribunals and justices of the peace. The judgements of the tribunals of first instance can be appealed to the courts of appeal in turn. There is a tribunal of first instance for each of the twelve judicial arrondissements ("districts") of Belgium, except for the arrondissement of Brussels. The arrondissement of Brussels has two tribunals of first instance, a Dutch-speaking one and a French-speaking one, due to the sensitive linguistical situation in the area. The territories of the current judicial arrondissements largely coincide with those of the provinces of Belgium. Most of the tribunals of first instance have multiple geographical divisions, with each having their own seat. As of 2020, the 13 tribunals of first instance have 27 seats in total. Further below, an overview is provided of all seats of the tribunals of first instance per arrondissement.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. It is important to note that the courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
The judiciary of Colombia is a branch of the State of Colombia that interprets and applies the laws of Colombia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The judiciary comprises a hierarchical system of courts presided over by judges, magistrates and other adjudicators.
The judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges; 7 Military Tribunals; over 300 Local Police Courts; and many other specialized Tribunals and courts in matter of family, labor, customs, taxes, electoral affairs, etc.
The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
The judiciary of Italy is composed of courts and public prosecutor offices responsible for the administration of justice in the Italian Republic. Both bench judges and public prosecutor belong to the magistracy, that is to say a public office only accessible to Italian citizens who hold an Italian Juris Doctor and have successfully partaken in one of the relevant competitive public examinations organised by the Ministry of justice. The magistracy embodies the judicial power, one of the three independent powers of the State in which no hierarchy exists.
The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.
The judiciary of Luxembourg comprises a number of courts.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
The superior courts of justice, or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power.
The Judiciary of Mexico officially the Judicial Power of the Federation is one of the three branches of government in Mexico, and the sole federal judiciary power. It is composed of the Supreme Court of Justice of the Nation, which serves as its highest court, the Federal Judiciary Council, the Federal Electoral Tribunal, regional courts, circuit and appellate collegiate courts, and district courts.