Spanish Court System: Structure and Types of Judges
Spanish Courts: Structure and Composition
1. Classification Based on the Number of Owners
According to the Organic Law of the Judiciary (LOPJ), Spanish courts can be classified based on the number of individuals holding judicial authority:
- Individual Organs: These courts are presided over by a single judge. Examples include:
- Courts of First Instance
- Instruction Courts
- Juvenile Courts
- Courts of Violence Against Women
- Corporate Bodies: These courts, also known as collegiate bodies, are composed of multiple judges, referred to as magistrates. They are collectively called a Court or Hearing. Examples include:
- Constitutional Court
- High Court
- Supreme Court
- Provincial Courts
- High Courts of Justice
Corporate bodies are further divided into chambers or sections based on their jurisdiction, such as civil, criminal, social/labor, and contentious-administrative. Each section or chamber has a designated magistrate chosen from among its judges.
2. Classification Based on the Training of Judges
Another classification distinguishes between professional and temporary judges:
- Professional Judges: These judges are career members of the judiciary.
- Temporary Judges: These judges are appointed to fill vacancies or substitute regular judges. They must meet specific requirements outlined in the LOPJ, preferably having legal experience. Attorneys and prosecutors are prohibited from serving as temporary judges. There are three categories of temporary judges:
- Judges under a temporary provision
- Substitute judges
- Alternate judges
3. Classification Based on Required Qualifications
Judges can also be categorized based on their academic or personal qualifications:
- Legal Professionals: These individuals hold a law degree.
- Lay Judges: These individuals are not required to have formal legal training. In the Spanish system, the only lay judges are:
- Magistrates: They preside over Justice of the Peace Courts, which handle minor civil cases (valued at less than 90 euros) and certain minor criminal offenses. They also have jurisdiction over insults, threats, offenses against public order (Article 633 of the Penal Code), and property damage.
- Jurors: They participate in Jury Courts.
4. Hybrid Courts
Hybrid courts are composed of both legal professionals and lay judges. Two specific institutions exemplify this:
- Jury Court: This court operates within certain courts, typically Provincial Hearings, and is responsible for prosecuting specific crimes. It consists of a presiding judge, who is a member of the judiciary, and nine lay jurors selected from Spanish citizens. The jurors issue a verdict, which is then reviewed by the presiding judge, who applies the relevant legal rules.
- Court of Lay Judges: This court is composed of both lay judges, chosen by citizens, and legal professionals. There is no division of roles between fact-finding and law enforcement; both judges and citizens jointly make the decision.