Judicial Power: Principles, Structure, and Spanish Courts

Posted on Dec 18, 2024 in Law & Jurisprudence

ITEM 10 – THE JUDICIARY

1. Concept of Judicial Power

Between the time of the creation of law and its implementation, there is an intermediate time in which it is necessary to determine whether the law applies or not to the specific case on which it is necessary to rule. Montesquieu, in his classic theory of separation of powers, considered the judiciary as a power other than the legislature and the executive.

Judicial power is the power to declare existing law through judgments, which ultimately conclude in the trial, which is conducted on the appropriateness of specific behavior to the rule of law.

The judge’s task is to procure the general hypothesis of the law, with the right case he has to examine and formulate accordingly trial.

Important role: the judiciary is a basic political institution of the constitutional system.

Corresponds to an independent state, independent of the others, is the power of jurisdiction, whose essential function is to apply state law through his performance in each individual case in order to protect the interests which the law protects in the face of uncertainty or non-compliance with legal standards.

Art. 117 and Title VI of the Constitution make clear the existence of an independent judiciary, which is composed of judges and magistrates, whose function is the exercise of judicial authority.

The judicial power is the power of the courts to enforce the laws in cases before them, and of enforcing judgments. Addressing the problems facing it after sentencing, the judge must make it run, you can request an enforceable and the police can rise = action.

2. Principles Governing the Judicial Function

The general principles of judicial reporting:

1. The popular origin of justice: justice emanates from the people, because the latter lies the national sovereignty from whom emanate all branches of government

2. The judiciary has constitutional independence: the judiciary is not subject to parliamentary and governmental decisions, but to act with impartiality and objectivity for the effective protection of rights of citizens.

3. The unity of jurisdiction guarantees the independence of the judiciary, as judges and magistrates are a single body with the same legal status and are subject to the General Council of the Judiciary.

  • A special case that might raise questions is the institution of the Court of Auditors, the Constitution states that subject directly to Parliament.
  • Courts are also maintained *constitudinarios* and traditional forms of popular participation in justice.
  • The principle of territorial unity is also reflected in the scope of the courts, so the superior courts of the autonomous communities are not these bodies but the judiciary.

4. The submission to the law: prevent infringement of judicial independence by the other authorities and citizens.

  • The tenure of the judges: it implies that one can be dismissed, suspended, transferred, and retired for some of the legal reasons and with the safeguards provided by law, and members who embody the judiciary are independent of government and even parliament.
  • With all these measures is intended that the rule of law is the channel, which can solve the conflicts between citizens and public authorities or their officials with the enforcement and respect of the rights recognized by law.

The principles of action:

a) The principle of publicity: the proceedings are public, except as provided under the laws of procedure.

b) The sentences have to be motivated: a public knowledge of the grounds for its decision and to speak out in open court.

c) The principle of orality of the case: it allows the public to be present and observe the due process and proof of the facts.

d) The principle of free: it is a principle which seeks to ensure equal protection proceedings.

e) The judicial police: it depends on the judges, courts and prosecution services in the office of crime investigation of the discovery and arrest of offenders, in the terms established by law.

3. The General Council of the Judiciary

It is the governing body of judges.

  • Art. 122 CE. The organic law of the judiciary determines the constitution, operation and control of the courts and the legal status of judges and magistrates, to form a single body, and the staff serving the administration of justice
  • The organic law governing the General Council of the Judiciary and judicial governing body, establishing his status and system incompatibilities. Organic Law 6 / 1985 of the Judiciary (LOPJ), in development of that art 122 EC.
  • Art. 104 LOPJ. It provides that the judiciary is organized and carries out its functions under the principles of unity and independence.
  • Art. 104.2 LOPJ. The government of the judiciary for the general judicial council, which exercises its powers throughout the national territory in accordance with the constitution and the provisions of this Act. With subordination to him, government halls supreme court of the national audience and the superior courts shall exercise the functions attributed to this law, notwithstanding that apply to the presidents of those courts and the holders of the other judicial orders.

The General Council of the Judiciary shall consist of the President who is also the chief justice and the first judicial authority of the nation and of twenty members appointed by the King for a period of five years

Twelve members are elected from CGPJ judges and magistrates, four by the House of Representatives and four by the Senate, elected for three-fifths of each chamber between lawyers and other jurists of acknowledged competence with more than fifteen years exercise of profession.

The powers of the Supreme Judicial Council, we can note the following:

a) Propose a qualified majority on appointment of Chief Justice and CGPJ.

b) By the same majority to propose the appointment of two members of the Constitutional Court.

c) The inspection of courts and tribunals.

d) The training, improvement, promotion of destinations, promotions, administrative status and discipline of judges.

e) Appoint the Secretary General and members of the cabinets and dependent services.

f) Powers on the centers of legal studies and the development and adoption of the draft budgets of the council, in addition to the regulatory powers as provided by law.

g) The care of the official publication of the collection of Supreme Court jurisprudence and those assigned to the law.

h) To report on draft laws and general provisions which relate to procedural matters and organic.

i) Increase its annual report to Parliament.

4. The Judiciary

4.1 The Floor of the Spanish Courts

The Act establishes the Spanish judicial plant, depending on criteria and hierarchical pyramid, with upper and lower bodies. Starting from the lower to the higher bodies, the Spanish judicial organization consists of the following courts.

1. Justices of the Peace:

  • In the event that the particular municipality there is no court of first instance and instruction. They know of civil and criminal proceedings for breaches of the law upon them.

2. Courts of first instance and instruction, contentious-administrative, social, law enforcement and juvenile prison.

  • The courts of first instance are located in each judicial district and known for civil affairs in order and remit
  • The instruction-known criminal cases correspond to the hearings and other matters of criminal responsibility.
  • The courts of litigation, society, law enforcement and juvenile prison often have provincial level while there may be more than one per province. (Book 1 Title IV Chapter V of LOPJ)

The complaint is more serious than demand, but more complicated to operate, and are more likely to go to jail.
Magistrate’s court is criminal and leads to more problems.
It has since put all may be one instance and investigation, and the larger the more people will take things.
Labor court, work, grounds and labor matters.

3. Hearings Angel
Its headquarters are located in the provincial capitals for its activities are organized in rooms and can also have sections

  • Knowing the causes of crime is not assigned to other courts and civil remedies, criminal and prison supervision issued by the courts, the latter in terms of execution of penalties and enforcement regime and against decisions of the lower courts based in the province
  • This is a court order intermediate between the earlier and among the higher courts, the High Court or Supreme Court if necessary (art 8 LOPJ)

4. Higher Courts

  • They are the judicial organs in the judicial system that culminates in the territorial scope of the corresponding Autonomous Community without prejudice to the other court for the Supreme Court
  • This is configured like the Supreme Court through the halls of the Civil and Criminal Litigation, Administrative and Social Committee (Article 70.72 LOPJ)

5. Audiencia Nacional
Headquartered in Madrid and its jurisdiction extends throughout the national territory, known in criminal matters, litigation and administrative and social-the division of criminal *asuntospor* know some account of his gravity (crimes against the holder of the crown, falsification of currency …)

6. The Supreme Court

  • It’s the height of judicial hierarchical organization, unless constitutional guarantees are for the Constitutional *tribinal*
  • The Supreme Court has jurisdiction throughout the territory, is composed of the President, the presidents of the courtroom, the judges determined by law for each of the rooms, and if those sections are formed
  • The organic law of the structure are legally the Supreme Court five rooms: the what *Civiale*, criminal, contentious-administrative, social and military

7. The prosecution

  • Their regulation is in the Organic Statute of the State Prosecutor Act 30/1981 of 30 December. *Juridicae* nature is difficult to define, it is not properly juridical but neither explicitly acknowledges his membership in the Executive Branch
  • His skills relate to the province of the prosecution of the defense of legality, the rights of citizens (eg being able to plan resources for the shelter) and the public interest protected by the law. Ensuring the independence of the courts and securing before them the satisfaction of social interest (Article 124 EC)

Attorney-General of the State: is appointed by the King, the Government *propuesra*, heard the general council of the judiciary (Article 124 EC)

  • Has to choose between justice and prestige with more than fifteen years of professional cash.

Attorney-General of the State: it should raise an annual report which is sent copies of the Courts and the Supreme Judicial Council. Likewise, the prosecutor working with the courts, when so required These arc. The communication between the two is established by the Presidents of the camera.

  • The prosecution is subject to the principles of legality and impartial in its action, which is unitary and hierarchical since the Prosecution is the only statewide with its own organs have not *Mienbros* of condition of authority and corresponding to the *aorganos* superiors give orders for the exercise of their functions
  • It enjoys a legal status similar to that of judges, but their organizational unit that carries *asocioacion* tax professional.