Understanding the Spanish Judicial System and Legal Practice
The Spanish Judicial System
The Spanish judicial system is organized into different jurisdictions, each with its own courts and specializations. Courts are territorially organized, and a system of appeals ensures that decisions from lower courts can be reviewed by higher courts.
Civil Jurisdiction
Civil courts handle private disputes between individuals or companies. The Court of First Instance is the primary body for civil cases, including contracts, family matters, and property disputes. The Provincial Audience resolves appeals against judgments issued by lower civil courts.
Specialized Civil Courts
- Commercial Courts: Insolvency, intellectual property, unfair competition, companies, and consumer protection.
- Courts of Violence Against Women: Civil and criminal matters connected to gender-based violence.
- Peace Courts / Judicial Offices: Minor local matters in municipalities.
Criminal Jurisdiction
Criminal courts address crimes and penalties. Competence depends on the severity of the crime and the procedural phase.
- Investigation Courts: Investigate crimes and adopt precautionary measures.
- Criminal Courts: Judge less serious crimes (up to 5 years imprisonment).
- Provincial Audience: Judges serious crimes and resolves criminal appeals.
Specialized Criminal Courts
- Gender-Based Violence Courts: Crimes related to violence against women.
- Minors Courts: Crimes committed by minors aged 14–18.
- Penitentiary Surveillance Courts: Supervise prisons and the execution of sentences.
Administrative Jurisdiction
Administrative courts control the legality of actions taken by public administrations. They hear appeals against administrative acts and regulations from public authorities, municipalities, or autonomous communities. This includes Administrative Courts, Central Administrative Courts, and the Administrative Chambers of higher courts and the Supreme Court.
Labour Jurisdiction
Labour courts resolve disputes related to labour law and Social Security, such as dismissals, salaries, or workers’ rights. This includes Labour Courts, Labour Chambers of the High Courts, the National Audience Labour Chamber, and the Supreme Court Labour Chamber.
Judicial Support Structures
The Judicial Office
The Judicial Office is the administrative structure that supports judges and courts. Regulated by the Organic Act of Judicial Power (LOPJ), it aims to improve the organization and efficiency of justice. It is directed by the Counsel of Justice Administration (CJA), formerly known as the Judicial Clerk. Its work is based on hierarchy, division of functions, and coordination.
Counsel of Justice Administration (CJA)
The CJA manages the Judicial Office, certifies judicial acts, organizes proceedings, and ensures the proper development of procedures. They act with legality and impartiality, enjoying autonomy in certification functions while remaining subject to hierarchical dependency in administrative tasks.
Judicial (Criminal) Police
The Judicial Police assist judges, courts, and prosecutors in criminal investigations. They operate under a double dependency: functionally under judicial authorities and organically under police authorities. They are integrated into forces such as the National Police, Civil Guard, and regional police.
Legal Representation in Spain
Spanish procedural law distinguishes between Lawyers and Legal Representatives (Procuradores).
- Lawyers: Responsible for legal defence, strategy, drafting documents, and providing advice.
- Legal Representatives: Formally represent the party, managing communications, notifications, and procedural relations between the party and the court.
Legal assistance is both a constitutional right (Articles 17.3 and 24 CE) and a procedural requirement for participation in many judicial proceedings.
Client Relations
Parties are generally free to choose their legal counsel. The relationship between a lawyer and a client is contractual, based on trust and independence. Representation by a legal representative is more formal and requires official authorization.
Exceptions to Mandatory Representation
- Civil Proceedings: Claims under certain economic amounts or urgent preliminary measures may not require both professionals.
- Criminal Proceedings: Representation is not mandatory for minor offences, though the accused may still retain a lawyer.
- Administrative Proceedings: Before some unipersonal courts, representation may be carried out by either a lawyer or a legal representative.
- Labour Proceedings: Lawyers and legal representatives are generally not mandatory in the first instance.