Spanish Judicial System: Structure, Principles, and Jurisdiction
State Jurisdiction and Authority
The power of jurisdiction is a state sovereignty exercised by judges and independent magistrates, responsible for judging and enforcing judgments.
Jurisdictional Principles
Unity: The basis for court organization, aiming to eliminate historical privileges. Specialized courts include Jury Courts, Courts of Auditors, Constitutional Courts, and Customary Courts. Judges and magistrates are subject to the Organic Law of Judicial Power and the General Council of the Judiciary.
Exclusivity: Judicial power, including judging and executing judgments, belongs exclusively to legally established courts and tribunals. The state holds a monopoly, although international treaties can attribute jurisdiction to international courts.
Legal Court (Predetermined by Law): A specific judge or court, determined in advance by law, must try each case, prohibiting exceptional courts.
Judicial Function and Independence
Judges and magistrates are tasked with judging and executing judgments to ensure social peace and provide enforcement mechanisms, prohibiting private justice.
Independence: The judicial function is free from interference by other government branches, society, or parties in conflict.
Immovability: Judges and magistrates cannot be removed, suspended, transferred, or retired except for legally established reasons and guarantees.
Accountability: While independent, judges and magistrates are accountable for their actions: criminally (for crimes in office), civilly (for damages due to fraud or negligence), and administratively (for serious misconduct).
Submission to the Law: Each judge exercises authority within their legal competence. Processes may involve multiple judicial bodies or degrees, allowing appeals to higher courts.
Spanish Judicial Organization
The Spanish judicial system is divided into several branches:
Civil Jurisdiction: Civil and commercial matters, and those not assigned to other courts. Includes Magistrates’ Courts, Courts of First Instance, Commercial Courts, Provincial Courts, and High Courts of Justice.
Criminal Justice System: Criminal cases. Includes Justices of the Peace, Central Criminal Courts, Juvenile Courts, and the Supreme Court.
Contentious-Administrative Jurisdiction: Claims against public administration acts. Includes Administrative Courts, Courts of Justice, and the National Court.
Social Law: Individual and collective labor conflicts. Includes Social Courts, Courts of Justice, the National Court, and the Supreme Court.
General Council of the Judicial Power
The governing body of the judiciary, whose rules and incompatibilities are determined by organic law. It comprises the Chief Justice, Vice President, the House, the Standing Committee, the Disciplinary Committee, and the Qualification Commission, with 20 members appointed by the King for five-year terms.
Judicial Process and Principles
Judges and magistrates perform their duties through legally established processes. While processes differ across jurisdictions, they share common principles:
Equality of the Parties: Equal opportunities in the process.
Principle of Hearing: No one can be convicted without being heard in court.
Defense Principle: All individuals are entitled to effective judicial protection of their rights and interests, ensuring no case lacks a defense.