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Judicial System in Spain
By m.p. - Apr 5, 2007 - 4:38 PM
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Spain's Constitutional Court building in Madrid - Photo EFE
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Spain’s constitution establishes an independent judiciary
Spain’s constitution establishes an independent judiciary, with the judicial system governed by the Consejo General del Poder Judicial, the General Council for Judicial Power. Its 20 members are proposed by Congress and the Senate, and serve for a single five-year period.

The CGPJ is presided over by the President of the Supreme Court, the Tribunal Supremo, which is the highest court in the land and has jurisdiction over the entire country. The only exception is for matters relating to the Spanish Constitution, which are dealt with by the Constitutional Court, the Tribunal Constitucional. The Supreme Court hears appeals against sentences issued by the National Court and the regional courts, and is also responsible for trying any case against a member of parliament. That includes government ministers and the Prime Minister.

The National Court, the Audiencia Nacional, also has jurisdiction over the entire territory, and hears criminal cases of national or international importance, and civil cases involving the central administration.
Within the National Court are the Juzgados Centrales de lo Penal, Central Criminal Courts, which try national cases where sentencing would not exceed five years, and the Juzgados Centrales de Instrucción, the Central Instruction Courts, which prepare cases for the National Court and the Central Criminal Court.

The judiciary is structured on a hierarchical system, which divides Spanish territory into autonomous communities, provinces, judicial districts and municipalities. The courts are also organised into four categories: civil, criminal, social and administrative.
Appeals against the decisions of lower courts are made to the higher court, as far up as the Supreme Court.

Each autonomous community has its own High Court of Justice, Tribunal Superior, which is the highest court in the region and the last court of appeal. The autonomous government has no power over the region’s Tribunal Superior for the region, which is a court of the state.

The Provincial Court, the Audiencia Provincial, is the highest court in each province. It tries civil and the more serious criminal cases, and also hears appeals against sentences issued by the lower courts.

Other courts which exist on a provincial basis are the Mercantile Courts (Juzgados de lo Mercantil), Criminal Courts (de lo Penal) – for sentencing below five years – Administrative Courts (Contencioso-Administrativo), Prison Vigilance (Vigilancia Penitenciaria), Labour Courts (de lo Social) and Juvenile Courts (de Menores).

The judicial districts – a unit of territory made up of one or more bordering municipalities, and which may coincide with the provincial demarcation - have First Instance Courts (Juzgados de Primera Instancia), which hear civil cases, and Instruction Courts (Juzgados de Instrucción), which prepare the criminal cases to be tried in higher courts.

Municipalities which have neither of these, will have a Justice of the Peace, Juzgados de Paz, for minor civil cases and, often, acting as civil registry.



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