Judiciary of Spain

The structure of the Spanish judicial system is regulated by the Ley Orgánica del Poder Judicial ( LOPJ ), which corresponds to the German Judiciary Act of its function, approximately.

Single judge and collegial bodies

Be terminologically distinguished the courts in

• Juzgados: Formation of the Court, which are occupied by only a single judge ( juez ) and
• The collegiate courts, whose judges are called magistrados. These are: at the national level, the Tribunal Supremo ( " Supreme Court ", divided into five Senate ( salas )) and the Audiencia Nacional ( divided into three Senate, which in turn are divided into chambers ( secciones ) ), both based in Madrid
• At the level of the Autonomous Communities, the 17 Tribunales Superiores de Justicia ( in three separate Senate )
• At the provincial level, the 50 Audiencias Provinciates (except for some smaller provinces divided in chambers of three or five judges)

Court branches and Rules of Procedure

The court made ​​the branches of civil, criminal, administrative and social justice. Heard otherwise than in Germany, the labor courts to social justice. Also, there is no separate tax jurisdictions, this is assigned to the administrative courts.

As in German law exist for each court branches each have their own rules of procedure:

• Civil jurisdiction: Ley de Enjuiciamiento Civil ( thus corresponds to the Code of Civil Procedure )
• Criminal justice: Ley de Enjuiciamiento Penal ( thus corresponds to the Criminal Procedure Code ) and the Organic Law regulating dora de la responsabilidad penal de los menores ( thus corresponds to the Juvenile Court Act )
• Administrative jurisdiction: Ley regulatory dora de la Jurisdicción Contencioso - Administrativa ( corresponds to the Administrative Procedure Act and the Tax Court )
• Social justice: Ley de Procedimiento Laboral ( thus corresponds to the Labour Court Act and the Social Court Act); a reform projects (Ley de la dora regulatory Jurisdicción Social) is in the legislative process

In addition to these four court branches, there is still the military criminal jurisdiction ( which belongs to the 5th Division of the Tribunal Supremo ) and the Constitutional Court (Tribunal Constitucional ) to be associated with how the German Federal Constitutional Court, no court branches.

Territorial outline

Territorial there is the following structure:

• National level: Tribunal Supremo, Audencia Nacional and several Juzgados centrals
• Level of the Autonomous Communities: Tribunales Superiores of Justicia
• Provincial level: Audencias Provinciates and various Juzgados
• Judicial districts ( partidos Judiciales ): There are one or more Juzgados of Instrucción ( "Determination courts"; criminal jurisdiction ) and Juzgados of first instance ( " courts of first instance"; civil jurisdiction ), which have their seat each in the capital of the Partido Judicial. In smaller jurisdictions, they are often combined to Juzgados of first instance e Instrucción.
• In communities that are not chief town of a district court, resides a Justice of the Peace ( Juzgado de Paz ), which are however not about professional judges.

Unlike in Germany, where all the dishes - to the federal courts - so are administered by the countries national dishes are available in Spain all courts under the auspices of the (central ) state and not in the Autonomous Communities (regions, the however, no states are ). However, the regions are partially responsible for the administration of justice.

Summary

In summary, the following scheme:

Juzgado Central de lo Penal ( "Central Criminal Court " )

Juzgados Centrales de Instrucción ( " Central Investigation courts" )

Juzgado Central de Menor ( "Central Juvenile Court " )

Juzgado Central de Vigilancia Penitenciaria ( "Central Criminal Court Enforcement " )

Juzgados centrals de Contentious - Administrativo ( "Central Administrative Courts " )

Juzgados Mercantiles ( " Commercial Court "; too bankruptcy court )

Juzgados de lo Penal ( " Judgments " )

Juzgados de Menor ( " The juvenile court " )

Juzgados de Vigilancia Penitenciaria ( "Penalty enforcement court " )

Juzgados de Contentious - Administrativo ( " Administrative courts " )

Juzgados de lo Social ( " Social courts " )

Juzgados of first instance

Juzgados de Instrucción

Juzgados de Violencia sobre la Mujer

Juzgados de Paz

The assignment of the judge positions to the different court branches and courts will be as follows (as of 1 January 2011):

Further, there are the following posts for judges who do not belong Chamber:

• The Tribunal Supremo: six judges of the "Technical Cabinet for Information and Documentation " ( Gabinete Técnico de Información y Documentación )
• Superiores de Justicia in the Tribunales: 50 Jueces de adscripción territorial, which act on the territory of the Autonomous Community as a " representation judges " on the occurrence of vacancies
• In some larger jurisdictions, there are a total of 28 judges who are entrusted exclusively with matters of the civil register ( Registro Civil)
• In the eight most jurisdictions, there is one dean judge ( Juez Decano ), which is entrusted exclusively with management and coordination tasks; in the other jurisdictions, the functions of the Dean judge of any of the judges of the district are perceived in addition to his other activities

Even the president of the Audiencia Nacional is mainly true guiding and coordinating tasks, but he is also " honorary president " ( presidente nato ) of all divisions of the court.

The eight judges of the 5th Division of the Tribunal Supremo ( military courts ) also belong to the career as a judge, while they are officers of the armed forces with the judges of the subordinate military courts.

No Ratings own position was created for the Central Criminal Court Enforcement ( Juzgado Central de Vigilancia Penitenciaria ). The tasks of this court are perceived by the Juez Central de Menor.

Of appeal

The court system seems complicated as compared to the German law, but there are also in Spanish law by way of appeal at most three instances (first instance, Berufungs-/Beschwerdeinstanz, Revision instance). While on the appeal of the appeal ( apelación ), the appealed decision in law and (if limited in individual rules of procedure ) factually is checked ( a second instance ), revision ( casación ) leads only to a review in legal terms or to the presence grave procedural errors.

Responsibilities in detail

The Juzgados de Paz decide in the first instance on smaller Civil Disputes ( value to 90 euros ) and as regards criminal sanctions in the law of certain minor offenses.

The Juzgados of first instance are otherwise responsible for the vast number of civil disputes in the first instance, namely for those who are not legally expressly assigned to another court. They also decide in the second instance on appeals against decisions of the Juzgados de Paz

Unlike in Germany criminal investigations are not by the public prosecutor ( Fiscalía ), but directed by the investigating judge ( Juzgado de Instrucción ). In addition, the Juzgados de Instrucción in the first instance easier to penalize offenses ( Faltas ) are responsible, these are in particular those for which the law provides only for fines of up to 60 daily.

With a change in the law in 2004, the Juzgados de Violencia sobre la Mujer were created. This conduct the investigation in cases of violence by men against their wives, former wives or concubines. In these cases, they are in the first instance and for the punishment of offenses easier ( Faltas ) responsible. In addition, they also perform the action pending between the parties to family law proceedings where such conditions are so far so active as civil courts. In smaller jurisdictions in which makes unnecessary the caseload means of a separate Juzgado de Violencia sobre la Mujer, the responsibilities of a Juzgado de Instrucción can be transferred. This is currently (as of 1 January 2011) in 355 jurisdictions of the case ( at 106 independent Juzgados de Violencia sobre la Mujer ).

The Juzgados Mercantiles first instance jurisdiction for competition, social, transport and maritime law civil procedure, also for bankruptcy.

The Juzgados de lo Penal responsible for criminal matters that are not assigned to other courts if they relate to criminal offenses for which the law provides a fine or imprisonment of up to five years. The Juzgados de Menor are for criminal cases against young people (14 to 17 years) responsible.

The Juzgados de lo Contecioso - Administrativo are mainly responsible for administrative disputes, which are directed against municipalities, provinces and authorities of the lower level of administration of the autonomous communities and the state, as well as for administrative penalties.

The Juzgados de lo Social has first instance responsible for the vast majority of labor and social court proceedings, namely for those who are assigned no specific legal provisions other dishes.

The Audiencias Provinciates are an appeal or appellate authority in the first place. In the fields of civil and criminal law, the Audiencias Provinciates decide on this appeal that are filed against the decisions of the Juzgados their province. Next the Audiencias Provinciates are responsible for criminal matters in the first instance, if the law for the offense is imprisonment of more than five years provides.

The Tribunales Superiores de Justicia competent in the field of civil law for revision procedures, as far as the appeal is regional to the violation of special or Foralrechtes ( the example is in some areas of Spain in inheritance law ) is of importance, and in the first instance for public liability claims against the Prime Minister, ministers and members of parliament to be made of the Autonomous Community law. As criminal courts are empowered to decide on appeals against first instance decisions of Audiencias Provinciates, moreover, they are responsible in the first instance for criminal cases that are assigned to them by the respective autonomy statutes of the Regions (these are usually criminal proceedings against members of the regional parliament ) and for criminal proceedings are directed against judges and prosecutors, as the offense is committed in the exercise of their duties. In the field of administrative justice Tribunales Superiores de Justicia, which are primarily responsible in the first instance in proceedings that are directed against authorities of the senior management of the Autonomous Communities. In the second instance they are on appeals against decisions of the Juzgados de Contentious - Administrativo. In addition, the administrative law - Senate are also responsible for the audit process in special situations, if the interpretation of norms of the laws of the Autonomous Communities of importance for the decision. Finally, the social - Senate are in the first instance responsible for matters of collective labor law as they do not exceed their effects, the territory of the Autonomous Community, and in the second instance for appeals against decisions of the Juzgados de lo Social.

At the national level, there are six "central investigating judge " ( Jueces Centrales de Instrucción ). These lead the investigation in the cases in which the charge is made to the Criminal Division of the Audencia Nacional or Juzgado Central de lo Penal. One of them is, however provisionally suspended since May 2011 and also internationally renowned judge Baltasar Garzón.

The Juez Central de lo Penal responsible for criminal proceedings in the areas of crime that the criminal division of the Audencia Nacional assigns the law, where the law but a term of imprisonment of not more than five years, provides (ie, in less serious cases of serious crime).

The Juez Central de Menor is responsible for criminal proceedings against minors for terrorism - related offenses (Art. 571 to 580 of the Código Penal ).

The Juzgados centrals de Contentious - Administrativo are mainly responsible in the first instance for questions of civil service law of the state officials, cases against corporations and institutions with legal personality under the responsibility of the State and for misdemeanors ( sanciones administrativos ) if the relevant decision of the central state administration adopted been.

The Audiencia Nacional is responsible in the first instance: in the field of criminal law is primarily responsible for proceedings for state security offenses and cases of serious organized crime, unless the Juez Central de lo Penal ( ie if the offense is punishable with imprisonment from five years ); is provided in the field of administrative law is primarily on procedures that are directed against decisions of the ministries, unless the jurisdiction of other courts; in the field of social law for matters of collective labor law as they affect the result that exceed the area more than one Autonomous Community. Further, the Audencia Nacional Berufungs-/Beschwerdeinstanz is against the decisions of Juzgados centrals.

The Tribunal Supremo is - similar to the Federal Court - a pure appeal instance. Only in a few exceptional cases (such as party closure case ) it is acting as a trial court.

Reform projects

There are in terms of the Juzgados reform efforts. At present, the various Juzgados are indeed often housed in the same building, the organizational point however is each constitute a separate dishes. In the Partido Judicial Madrid about (ie first instance civil courts Single ) there are currently 101 Juzgados of first instance. A preliminary draft of the reform of the judicial system provides for the Juzgados now organizationally Tribunales de Instancia ( " lower courts " ) together. This would then be the German district courts comparable: It be decided by the judge, but which are grouped organisationally to a court.

In addition, the Code of Criminal Procedure should be reformed. A bill was passed by the Government on 22 July 2011. Then will in future no longer be guided by the Jueces de Instrucción, but from the district attorney's investigation.

2011 has started in Spain in order to reform the admission to the legal profession.