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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 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. [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 Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, and is the supreme court of appeal in these cases. It has jurisdiction to review the law, and to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris.
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 Audiencia Nacional is a centralised court in Spain with jurisdiction over all of the Spanish territory. It is specialised in a certain scope of delinquency, having original jurisdiction over major crimes such as those committed against the Crown and its members, terrorism, forgery of currency, credit and debit cards and checks, some trade crimes committed in more than one region and over drug trafficking, food frauds and medical frauds committed in a nationwide level as well as over international crimes which come under the competence of Spanish courts.. It has also appellate jurisdiction over the cases of the Criminal Chamber of the National Court.
A supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court 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.
The Constitutional Court is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX of the Constitution of Spain, and further governed by Organic Laws 2/1979, 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization 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 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. It consists of five entities: the Supreme Federal Court (STF); the Superior Court of Justice (STJ); federal regional courts; military courts; and the courts of states, the federal district, and territories. The STF and the superior courts - the Superior Labor Court (TST), the Superior Electoral Court (TSE), and the Superior Military Court (STM) - are based in Brasilia, Brazil's capital, and have jurisdiction throughout Brazil. Eleven justices sit on the Supreme Federal Court, whose primary function is to uphold the constitution. The STJ consists of at least 33 justices.
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 Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).
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 Judiciary of Burundi is the branch of the Government of the Republic of Burundi which interprets and applies the laws of Burundi to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
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 is one of the three branches of state that make up the government of the Dominican Republic. Its function is to administer justice, for free, to decide on disputes between individuals or corporations, private or public, in every type of process, judgment and execution of judgment. They exercise for the courts and tribunals established by the Constitution and the law
The High Court of Justice of Cantabria (TSJC), is the highest court of the Spanish judiciary in the Autonomous Community of Cantabria. Established pursuant to Title VIII of the Spanish Constitution, it has original jurisdiction over cases against high-ranking officials of the autonomous community and appellate jurisdiction over all cases. The TSJC decisions may be appealed to the Supreme Court. It also has entrusted the resolution of conflicts of competence between courts in Cantabria. The Court has the power of judicial review over norms with lower rank than the law of the regional administrations.
The Prosecution Ministry is a constitutional body integrated into the Judiciary of Spain but with full autonomy entrusted with the promotion of justice to defend the rule of law, the rights of the citizents and the public interest as well as watch over the independence of the courts of justice.