Spanish Court System Organization and Functions
Spanish Court System: Organization and Functions
The Spanish court system is organized based on territorial jurisdiction and subject matter, encompassing both ordinary and specialized courts. The diverse nature of legal matters necessitates specialized courts.
Court Types
Ordinary Courts:
- Civil Courts
- Criminal Courts
- Administrative and Social Courts
Specialized Courts:
- Military Courts
- Court of Auditors
- Customary Courts (e.g., Tribunal de les Aigües of Valencia)
- Court of Jurisdictional Conflicts
(Art. LO 65 6/85)
Territorially, the judicial organization is structured into municipalities, administrative areas (one or more bordering municipalities), provinces, and autonomous communities.
Court Functions
Salas (Chambers):
- Civil Chambers: Handle civil lawsuits between individuals on private law matters (civil and commercial), and cases not covered by other jurisdictions.
- Criminal Chambers: Investigate and judge criminal offenses and crimes, and execute judgments.
- Administrative Chambers: Review government actions to ensure legality.
- Social Chambers: Handle employment contracts, disputes, collective agreements, union elections, and social security issues.
- Chambers of Commerce: Address bankruptcy, company shares, contract suspensions, precautionary measures on company assets, and accountability of company managers. Also handle transport, maritime law, and intellectual property rights.
- Monitoring Penitentiary Chambers: Review prisoner sentences, prison benefits, and third-degree status.
Supreme Court
Located in Madrid, the Supreme Court is the highest judicial body in all matters except constitutional guarantees. Its jurisdiction extends throughout Spain.
Divisions:
- Civil
- Criminal
- Administrative Litigation
- Social
- Military
- Two Special Divisions
- Gobierno (Government)
Functions:
- Reviews and decides appeals and other extraordinary reviews in civil, criminal, administrative law, social, and military matters.
- Handles cases involving the President, Ministers, Senators, Deputies, Supreme Court Judges, Supreme Judicial Council Members, Constitutional Court Judges, and other high-ranking officials.
- Decides on outlawing political parties.
- Handles matters reserved by the Constitution or law.
National Court
This court handles criminal cases of special political or social importance.
Divisions:
- Appeals
- Criminal
- Administrative Litigation
- Social
Functions:
- Handles crimes against the Crown, government, and national security.
- Addresses organized crime, counterfeiting, and offenses against the State.
Courts of Justice (Autonomous Communities)
While Autonomous Communities have their own executive and legislative bodies, the judiciary is unified. They participate in the administrative functions of justice.
Divisions:
- Civil
- Criminal
- Administrative Disputes
- Social
Functions:
- Handles cases against the President, Director, legislature members, and other officials of the Autonomous Communities.
- Handles appeals within their respective Autonomous Communities.
Provincial Courts
These are the highest courts in each province and handle criminal cases.
Functions:
- Civil: Primarily hear appeals against judgments and decisions of lower courts.
- Criminal: Hear cases not reserved for other courts due to subject matter or person, and appeals from lower courts.
Courts of First Instance
Staffed by professional judges, these courts have jurisdiction in civil matters.
Functions:
The courts are organized in territorial jurisdiction and subject matter, jurisdiction of ordinary and special. The diversity of matter requires the specialization of courts, there are ordinary and special courts. / / Regular: civil, criminal and administrative and social / / Special: Military, Court of Auditors, Customary Courts (Tribunal de les aigües of Valencia) and Court of Jurisdictional Conflicts. / / Art LO 65 6 / 85, the judicial organization of the state is territorially into municipalities, administrative areas, which are one or more municipalities bordering the province, province and autonomous community. Salas Knows Civil suits between private individuals on private law both civil and commercial matters and all cases not covered by other jurisdictions. Investigate criminal courts and judges, having judgments executed, in terms of criminal offenses and crimes of Administrative Boards. Check out the acts of the government to ensure that law suit. Chambers of the Social. Know the issues relating to employment contracts, disputes and collective agreements, union elections and social security. Chambers of Commerce. Meet on bankruptcy issues, of equity shares of the company, collective suspension of contract execution, however, precautionary measures on the assets of the company and actions to demand accountability from managers of the company, subject in transport, maritime law, protection of intellectual property rights and industrial monitoring rooms penitents. Check out the sentences of prisoners and the granting of prison benefits and third grade. SUPREME COURT: The Supreme Court, based in Madrid, is the highest judicial body in all orders except the provisions concerning constitutional guarantees. It is unique, no other court may have the title of Supreme, and its jurisdiction extends to the whole compound español.Está by the Boards of the Civil, Criminal, Administrative Litigation, Social Division of the Military and 2 special and Gobierno.Conoce review and decide appeals, review and other extraordinary in civil, criminal, administrative law, social and militar.Conoce processes and decides civil or criminal liability against the President and Ministers of the Government of the Nation, Senators and Deputies of the Parliament, President and Judges of the Supreme Court and Members of the Supreme Judicial Council, President and Judges of the Constitutional Court and other high members of state institutions and Communities and decides Autónomas.Conoce also processes políticos.Conoce outlawing parties and decides the process by other matters that the Constitution or the law reserved for its jurisdiction. / / Its jurisdiction extends throughout the territory of the Nation and all other judicial organs exercise their powers and rulers subordinate to it. The National Court is a judicial body to hear and decide criminal cases of special importance, political or social, is made by the Boards of Appeal, Criminal, Administrative Litigation and the Social. / / hear and decide cases involving crimes against the Crown Holder, his consort, his successor, senior organizations and shape of the nation gobierno.Conoce and decides, in the criminal and in order for judicial and social causes related to other matters of special importance, as organized crime, counterfeiting, and offenses against national security and decides Estado.Conoce processes relating to other matters reserved by law to their competence .
Courts of Justice The Autonomous Communities have their own executive and legislative bodies, independent of the state, elected by its citizens to exercise the powers of the Community, however, the judiciary is unique and the Autonomous Communities do not have an administration of Justice itself, but participate in the management of administrative functions from the same, but the courts are always the único.Los Judicial Branch Superior Courts are made by the Boards of Civil and Criminal, Disputes Administrative and social. / / You know processes and decide any civil or criminal proceedings against the President and Director of the Autonomous Communities, against members of their legislatures and other officials from the regional administration and Judges and Magistrates inferiores.Conocen courts and decide the appeals in their own right Autónomas.Conocen Communities and decide the proceedings relating to other matters reserved by law to its competition. the provincial courts are the superior court in each province and known causes of penal.En civilian and civil order, primarily to hear and decide appeals brought against judgments and other decisions of the courts of first instancia.En the criminal, hear and determine the causes mainly for a crime not reserved by law to another court because of the subject or person, as well as appeals against judgments and other decisions of the trial courts. The courts of first instance are served by professional judges. They are one-person courts have jurisdiction in civil matters. In each match will be one or more courts of first instance and instruction based in the capital of that and jurisdiction throughout its territory. Take their name from the municipality of its headquarters. In some cases, because of the population, are different courts of first instance and instruction, corresponding to the first knowledge of civil affairs and the latter that of criminal matters. / / Are in charge of the Civil Registry in their area and, by delegation of these, of peace, in accordance with the stipulations of the law. In populations where there are several trial judges some of them exclusively perform civil registration functions. Other courts and customary non-professionals: The Court’s Jury for each process complies with senior citizens in the full exercise of civil rights and meet and decide on questions of fact in criminal cases for offenses against persons, crimes committed by public officials in the exercise of their functions, honor crimes, crimes against freedom and security, crime fires and other pointing to the magistrates Ley.Los: hear and decide small claims civil cases and criminal cases involving misdemeanors. They also have civil registration functions. Magistrates’ courts to extend their municipal jurisdiction of the municipality respectivo.El Water Court of Valencia, is a tribunal of lay judges, ie non-professionals, to decide issues relating to water use for irrigation purposes agriculture. Its characteristics are governed by a special law.