Spanish Judiciary and Government: Structure and Powers

Posted on Jan 7, 2025 in Law

Spanish Judiciary: Structure and Hierarchy

What is the principle of jurisdictional unity? It signifies a single justice system throughout the state, with judges and magistrates belonging to a single body, forming a judicial pyramid.

Judicial Hierarchy

  1. Supreme Tribunal: Handles most judicial matters. The Constitutional Court addresses constitutional issues.
  2. National Audience
  3. Superior Tribunals of Justice: The highest courts within the autonomous communities.
  4. Provincial Audiences
  5. Courts of First Instance and Instruction: Operating within a region, headed by the judicial district.
  6. Courts of Peace: Judges in these courts are not career professionals.

Autonomous Bodies

A. The Supreme Judicial Council: Responsible for the self-governance of the judiciary.

B. The Prosecutor’s Office: Its mission is to promote justice in defense of legality, citizens’ rights, and the public interest, while ensuring the independence of the courts. Prosecutors have internal dependence on the prosecution of each court and external dependence on the government.

Part VII: Economy and Finance

This section outlines the guiding principles of economic and social policy and the financial activity of the State, covering public revenue, public expenditure, and the State Budget. All of the country’s wealth is subject to the national interest. The Constitution grants the State the authority to intervene in the economy, stating: “The state, by law, may plan general economic activity to meet collective needs, balance and harmonize regional and sectoral development, and stimulate the growth of income and wealth, along with its more equitable distribution.” It also establishes the power to set and levy taxes, in accordance with the Constitution and laws.

Part VI: The Judiciary

The judiciary is the only one of the three branches of government explicitly named as such in the Constitution.

Justice emanates from the people and is administered on behalf of the King by judges and magistrates of the judiciary. They are:

  • Independent: Their decisions cannot be influenced.
  • Irremovable: Their judgments are final.
  • Responsible: They must be as fair as possible when handing down a sentence.
  • Subject only to the rule of law: Governed by the laws in force, in this case, the Constitution.

Judges and Magistrates

Judges are single-person bodies presiding over courts. Magistrates form part of collective bodies called tribunals.

Judges and magistrates are functionally disconnected from the rest of the state apparatus through the principle of independence. This means they are not subject to orders or mandates from other powers, ensuring their freedom to judge without external influence, but within the bounds of the law.

Mechanisms of Government Oversight

b) The Question of Confidence: Initiated by the President when the Government seeks to confirm its support in Congress. Confidence is granted with a simple majority vote. If Congress denies confidence, the Government must resign.

c) Motion of Censure: Proposed by at least one-tenth of the deputies and must include a candidate for President of the Government. If a motion of censure against the Government succeeds, the proposed candidate is automatically invested with an absolute majority.

d) Dissolution of the Chambers: The King can dissolve the Cortes (Parliament). The Prime Minister may also dissolve the Cortes.