Constitutional Rights in the Spanish Judicial System
Constitutional Rights and Guarantees in the Spanish Judicial System
Article 24 of the Spanish Constitution
Article 24 of the Spanish Constitution (EC) guarantees everyone the right to effective protection by judges and courts in the exercise of their rights and legitimate interests. In a system based on the separation of powers, the exercise of the powers and duties arising from this monopoly is attributed to the judicial organs.
The Right to Effective Judicial Protection
The right to effective judicial protection, further developed by the Constitutional Court, can be defined as the right of everyone to access the courts and obtain a decision based on law. The Constitutional Court has followed a marked anti-formalist line, noting that this right cannot be blocked by excessive formalisms that undermine the purpose of the constitutional provision.
The Court has held that Article 24 EC implies the need for reasoned judicial decisions, eliminating any sign of arbitrariness. The constitutionally recognized right to judicial protection requires that any individual or entity can claim such protection.
Right to an Ordinary Judge Predetermined by Law
The Constitution recognizes the right to an ordinary judge predetermined by law. Three features are derived from this principle in criminal matters:
- The judicial nature of the body: It must be a body within the judiciary.
- The ordinary character of the body: It must be a body of general jurisdiction, which must be considered in relation to the prohibition of special courts (Article 117.6 EC).
- Legal predetermination: This constitutional provision translates into the right to a “natural judge” (or venue), excluding any statutory formula that attributes jurisdiction to specific organs other than those territorially competent.
The Constitution recognizes the right to an impartial judge, who must have been created by law in a general manner.
Right to Legal Counsel
To ensure the most effective defense, the accused has the right to legal counsel. Two elements are highlighted:
- The relationship of trust that must exist between the accused and their counsel.
- The economic costs associated with legal representation, which not everyone can afford. Therefore, Article 119 EC provides that justice shall be free when so provided by law and for those who lack sufficient resources to litigate.
Right to Present Evidence
An important consequence of the prohibition of defenselessness is the right to use relevant evidence. The Constitution establishes relevance as a condition for the admissibility of evidence. Relevance must be assessed considering various factors:
- The evidence must relate to a fact.
- The evidence must be relevant to the process and the arguments of the parties.
Right to a Public Trial Without Undue Delay
The right to a public trial without undue delay is violated by the unjustified passivity of the judge or by the undue influence of others. To determine whether undue delay has occurred, the complexity of the dispute, the conduct of the litigant, and the actions of the authorities must be considered.
Rights of the Accused in Criminal Proceedings
In criminal proceedings, the first right of the accused is to be informed of the accusation against them. No one can defend themselves against an accusation they are unaware of. The proper exercise of the right to defense requires:
- Knowledge that an accusation exists.
- Knowledge of the specific facts on which the accusation is based.
The Constitution recognizes guarantees aimed at preventing self-incrimination, including the right not to plead guilty and the right not to testify against oneself. It also recognizes the right to a public trial.
Article 120.2 EC states that proceedings shall be predominantly oral, especially in criminal cases.
Presumption of Innocence
The presumption of innocence, enshrined in Article 24.2, is considered a fundamental right. It requires the judge to explain the reasoning that led to the conclusion of guilt.
Right to Appeal
In criminal cases, Article 14.5 of the International Covenant on Civil and Political Rights establishes the right of those convicted to have their case reviewed by a higher court.