The Judiciary: Organization, Principles, and Functions

Posted on Sep 6, 2024 in Law & Jurisprudence

The Judiciary

Definition and Role

The judiciary encompasses all judges who possess the power to judge and execute, shaping reality in the pursuit of justice. The term ‘judiciary’ is enshrined in the Constitution, emphasizing its role as a constituent power alongside the legislature and the executive.

Constitutional Principles

The Constitution outlines principles governing the judiciary’s organization and function:

Principles Relating to Organization

  • Principle of Legality: All matters concerning judges and courts must be regulated by law.
  • Principle of Self-Government: Judges and courts are overseen by the General Council of Judicial Power (Article 122 of the Constitution). They are appointed by the Senate and Congress.
  • Principle of Constitutional Recognition of the Supreme Court: The Supreme Court is the highest court in all respects (Article 123 of the Constitution, LOPJ, and 53). The Constitutional Court, an independent body, is not part of the judiciary and answers only to the Constitution and its Organic Law.
  • Existence of a Superior Court of Justice in Each Autonomous Community (CCAA): Each CCAA has a Superior Court of Justice, heading the judicial power within its territory, without prejudice to the Supreme Court’s jurisdiction. It bears the name of the autonomous region and its jurisdiction extends throughout its territory.
  • Judicial Police: (Article 126 of the Constitution) The Judicial Police are under the authority of judges, as established by law, to conduct investigations and clarify crimes. They form a functional and organizational unit. As members of the State Security Forces, they cannot be transferred until their investigations are complete.

Principles Relating to Function

  • Principle of Jurisdictional Unity: This principle underpins the organization and operation of courts (Article 117 of the Constitution, LOPJ, and 3). Jurisdiction is unified and exercised by courts and tribunals established by law, subject to jurisdictional powers assigned by the Constitution to other bodies. Limitations and exceptions to this principle include special jurisdictions:
    • Military Jurisdiction: Regulated by Article 117.5 of the Constitution, it applies only to military personnel for acts classified as military crimes by the Military Penal Code, and during states of siege. Its judgments are appealable to the Supreme Court, with distinctions between peacetime and wartime.
    • Constitutional Jurisdiction: This jurisdiction belongs to the Constitutional Court, which is not part of the judiciary. It is unique in its order and its function is to control conflicts of constitutionality (e.g., amparo).
    • Accounting Jurisdiction: This jurisdiction belongs to the Court of Auditors, regulated by Article 136 of the Constitution. It is the supreme body for auditing the accounts and economic management of the State and the public sector (Article 153 of the Constitution).
  • International or Supranational Courts: These courts ensure the observance of Community law and uniformity in its interpretation. They have jurisdiction over disputes involving Member States, Community institutions, businesses, and individuals, whether inside or outside the EU or the UN.
  • Court of Human Rights: Based in Strasbourg, it was created in conjunction with the European Convention on Human Rights in Rome (1950). It reviews sentences within each UN member state concerning fundamental rights and civil liberties.
  • Institution of the Jury: Regulated by Article 123 of the Constitution, the jury court is a product of historical tradition with limited practical functionality today.
  • Ecclesiastical Jurisdiction: Since 1979, the State has had agreements with the Church allowing annulments to be sought before an ecclesiastical court. However, a civil court must ultimately confirm the annulment. Ecclesiastical law is considered supranational law, as it is an existing law applied in a specific country, the Vatican.
  • Principle of Exclusivity: Article 117.3 of the Constitution stipulates that the exercise of judicial authority in any type of proceeding, judging, and enforcing decisions belongs exclusively to judges and courts prescribed by law. This exclusivity is based on the separation of powers.
  • Principle of Legal Determination of the Court: Everyone has the right to a predetermined judge in case of conflict. There is a natural judge in each court order (civil, criminal, labor, etc.). The natural judge must meet certain requirements: be a regular judge integrated into the judiciary, be independent, and have no superior in their judgments except through the corresponding appeal. They are fixed and cannot be separated, suspended, transferred, or retired except for causes and safeguards established by law (Article 117 of the Constitution). The judge is responsible, and the Constitution states that damages caused by judicial error or the abnormal functioning of the Administration of Justice entitle the injured party to compensation from the State. The judge must have attributed jurisdiction and competence, and be the territorial judge. These principles of natural law are a guarantee for citizens and a constitutional guarantee, aiming to ensure the judge’s impartiality.

The Judicial Apparatus

The judicial apparatus comprises the material and human resources necessary for the judiciary to perform its functions. It ensures the judiciary’s exclusive power of administering justice.

Relationship Between Autonomous Communities (CCAAs) and the State in the Administration of Justice

  • There is no separate judiciary in the CCAAs; it is national.
  • While judges primarily use Castilian Spanish, they may use the language of the autonomous region if no one objects. However, official transcripts must be in Castilian Spanish.

Demarcation and Capital

For judicial purposes, the State is territorially organized into municipalities, political parties, provinces, and Autonomous Communities, over which the following exercise judicial power:

  • Justices of the Peace
  • Courts of First Instance
  • Courts of Instruction
  • Courts of Administrative Litigation
  • Social Courts
  • Prison Supervision Courts
  • Juvenile Courts
  • Provincial Courts
  • High Courts of Justice

Regional governments also play a role in demarcating territorial boundaries and managing material resources as assigned to them.

Civil Division

The Civil Division handles the implementation of civil and commercial law. The Court of First Instance is the civil court of first instance. In smaller populations, the same judge may preside over both the Court of First Instance and the Court of Instruction. The High Court, the Supreme Court, and the Supreme Court of Justice also have jurisdiction in civil matters.

Criminal Division

: aims to address the behaviors that affect citizens directly social order and gravely. To achieve this goal, judges in criminal, have the ability to impose penalties and security measures, which have the function of new crime prevention and rehabilitation.
The competent courts are courts of instruction, the criminal, Provincial Court and the Supreme Court