BECOMING FAMILIAR WITH THE SPANISH LEGAL SYSTEM

1. The following is a description of the Spanish legal system. Fill in the

gaps by translating into English the terms/expressions in brackets.

ORGANISATION OF JUSTICE

TYPES OF (1) _________________ [juzgados y tribunales]

The Spanish Constitution of 1978 states that Spain is a (2) _________________ [Estado
social y democrático de derecho], which advocates liberty, justice, equality and political
pluralism as the overriding values of its legal system.

Title VI of the Constitution is given over to the (3) ________________ [Poder Judicial],
with Article 117 stating that the principle of the unity of the judicial power is the basis for the
organisation and operation of the courts.

Numerous (4) ______________ [juzgados y tribunales] exist, among which the work is
distributed according to criteria for determining jurisdiction – (5) _______________
[materia] , amount, person, function or region.

The ordinary courts are those regulated by the (6) ____________________ [Ley Orgánica
del Poder Judicial] provided for in Article 122 of the 1978 Constitution.

A distinction must be made between three fundamental aspects:

1. the territorial aspect;

2. whether it is a (7) ________________ [unipersonal] or a (8) _______________

[colegiado] of judges who sit in the court;

3. (9) __________________ [jurisdicción].

1
THE TERRITORIAL ASPECT

In accordance with the explanatory memorandum to Organic Law 6/1985 of 1 July 1985 on the
Judiciary, the State is divided territorially, for judicial purposes, into municipalities, (10)
__________________ [partidos], provinces and autonomous communities, with
jurisdiction over them being exercised by (11) _________________ [Juzgados de Paz], (12)
_________________ [Juzgados de Primera Instancia e Instrucción], (13)
___________________________________ [Juzgados de lo Contencioso-
Administrativo], (14) __________________________ [Juzgados de lo Social], (15)
______________________________ [Juzgados de Vigilancia Penitenciaria] and (16)
_____________________________ [Juzgados de Menores], (17)
_________________________________ [Audiencias Provinciales] and the (18)
____________________________________ [Tribunales Superiores de Justicia de la
Comunidades Autónomas]. The (19) _____________________________ [Audiencia
Nacional], the (20) ________________________ [Tribunal Supremo], the (21)
____________________________________________ [Juzgados Centrales de
Instrucción] and the (22) ________________________________________ [Juzgados
Centrales de lo Contencioso-administrativo] have nation-wide jurisdiction.

(23a) ______________ [unipersonal] or (24) ______________ [colegiado]

A (23b) _____________ [unipersonal] judge sits in all the courts with the exception of the
Supreme Court, the National Criminal and Administrative Court, the autonomous communities’
high courts and the provincial courts.

The Supreme Court comprises its president, the (25) _____________________

[presidentes de sala] and the (26) ______________ [magistrados] assigned by the law to
each division. There are five divisions: (27) ___________ [civil], (28) ___________
[penal], (29) _____________ [administrativa], (30) _________ [social] and (31)
__________ [military].

The National Criminal and Administrative Court (Audiencia Nacional) consists of a (32)
___________ [presidente], the (33) _____________________ [presidentes de sala] and
the judges assigned by the law to each division.

2
The (34) _________________________ [Tribunales Superiores de Justicia] comprise
four divisions (civil, criminal, administrative and labour). They consist of a president, who is
also the president of the civil and criminal divisions, the divisional presidents and the judges
assigned by the law to each division.

The (35) _____________ [Audiencias Provinciales] comprise one president and two or more
judges. They hear civil and criminal cases.

THE JUDICIARY

The Organic Law on the Judiciary lays down three career categories:

• (36) _______________ [magistrado del Tribunal Supremo],

• (37) ________________ [magistrado],

• (38) ___________ [juez].

3
2. The following text talks about the Spanish legal system. Choose the
correct option for each gap.

JURISDICTION
In addition to the territorial aspect, the (1) ____________________ that can come (2)
____________ the courts are of different kinds, and are (3) ___________ by four systems
of courts:
(1) a. matters or issues b. affairs or subjects c. subjects or affairs

(2) a. opposite b. in front of c. before

(3) a. resolved b. dealt with c. judged

Civil courts: deal with disputes not explicitly assigned to another class of court. They can
therefore be described as (4) _______________ courts.
(4) a. ordinary b. normal c. habitual

Criminal courts: criminal cases and (5) ________________ must be dealt with in the
criminal system. In Spanish law, however, civil (6) ______________ arising out of a criminal
offence can be (7) ___________ at the same time as the criminal proceedings. In such a case,
the appropriate (8) ________________ to be paid in order to make good the loss caused by
the offence or (9) ____________ will be determined by the criminal court.
(5) a. proceedings b. procedures c. processes

(6) a. processes b. demands c. actions

(7) a. brought b. interput c. interposed

(8) a. indemnification b. damage c. damages

(9) a. fault b. minor offence c. misdemeanour

Administrative courts: examine the legality of acts carried out by the authorities and financial
(10) _______________ made against them.
(10) a. claims b. complaints c. demands

Labour tribunals: deal with claims made under labour law, both in individual (11)
_______________ between workers and employers (12) _______________ the
employment contract, and in relation to (13) _________________, as well as social security
claims or claims against the state when it bears (14) ____________ under employment
legislation.
(11) a. conflicts b. disputes c. disagreements

(12) a. arising from b. coming from c. raising of

(13) a. collective bargaining b. collective agreements c. collective conventions

(14) a. accountability b. responsibility c. liability

4
In addition to these four court systems, there are also military courts in Spain.
In Spain no system of extraordinary courts exists; however, in the context of the judicial systems
mentioned, special courts have been created for specific matters, for example courts dealing
with violence (15) __________ women, courts responsible for the welfare and (16)
______________ of prisoners and (17) ___________ courts. These are ordinary courts but
are specialised in a particular area.

(15) a. for b. against c. to

(16) a. surveillance b. control c. supervision

(17) a. juvenile b. youth c. young

LEGAL PROFESSIONS
In Spain, a legal profession means a profession that can only be practised by someone who has
undergone special legal training, given that their work has to do with applying the law.
The main legal professions in Spain are (18) ___________________ (fiscales), (19)
__________ (jueces) and (20) ________________ (magistrados), (21) _________
(abogados), notaries (notarios), (22) ____________________ (letrados de la
administración de justicia), (23) ____________ and business registrars and (24)
_________________ (procuradores).
(18) a. fiscals b. public prosecutors c. persecutors

(19) a. triers b. magistrates c. judges

(20) a. magistrates b. senior judges c. higher judges

(21) a. lawyers b. attorneys c. advocates

(22) a. court clerks b. court secretaries c. court registrars

(23) a. field b. land c. estate

(24) a. legal advisors b. counsels c. legal representatives

JUDGES AND SENIOR JUDGES

Only judges can dispense justice, i.e. only they can (25) ____________ judgments and have
them enforced.
(25) a. hand down b. dictate c. submit

Judges are independent of the other powers of the state and are subject only to the constitution
and the law.
Admission to careers in the judiciary is based on the principles of merit and ability. The
selection process is objective and transparent, guaranteeing equal opportunity for everyone who
meets the criteria and who has the necessary skills, professional competence and qualifications
to (26) __________ as a judge.
(26) a. perform b. act c. serve

5
Under the Organic Law on the Judiciary, in order to become a judge, candidates must pass a
(27) _____________ examination for law graduates and take a course at law school (Escuela
Judicial).
(27) a. opposition b. competing c. competitive

A smaller number of candidates also enter the judiciary via the senior judge and Supreme Court
judge route.
Finally, Supreme Court judges are (28) __________ by the General Council of the Judiciary
(Consejo General del Poder Judicial) from senior judges with at least 15 years’ (29)
_________, including 10 years as a senior judge, while one fifth of Supreme Court judges are
appointed from lawyers of recognised ability with at least 15 years’ experience.
(28) a. nominated b. appointed c. addressed

(29) a. performance b. experience c. service

PUBLIC PROSECUTORS
The (30) _____________ (Ministerio Fiscal) is a constitutionally important body with its
own legal personality, which has functional autonomy within the judiciary. It exercises its
functions through its own structures, in accordance with the principles of unity of action and
hierarchical subordination, and subject in all cases to the principles of legality and impartiality.
(30) a. Prosecution Service b. Public Prosecutor’s Office c. Ministry of Public
Prosecutions

The (31) ________________ (Fiscal General del Estado) is the head of the Public
Prosecutor’s Office and represents it throughout Spain. S/he is responsible for issuing the
necessary orders and instructions concerning the Office and its internal workings, and for its
general management and supervision.
(31) a. Prosecutor General b. Head of Prosecution c. Director of Public
Prosecution

In organisational terms they come under the Prosecutor General’s Office and the respective
Public Prosecutor’s Offices of the autonomous communities.

COURT REGISTRARS
Court registrars constitute a senior body in the justice administration system. They are civil
servants who (32) ______ the Ministry of Justice, and they act as an authority in their own
right.
(32) a. are under the remit of b. come under c. depend on

Court registrars must hold a law degree and pass a competitive examination followed by a
course at the Centre for Legal Studies (Centro de Estudios Jurídicos). Court registrars form a
hierarchical body under the Ministry of Justice and they are subject to practically the same rules
on incompatibilities and prohibitions as judges.

6
LAWYERS
Lawyers are independent members of a liberal profession. They are not civil servants and (33)
___________ on the basis of free and fair competition (Article 1 of the General Statute of
Spanish Lawyers —Estatuto General de la Abogacía Española).
(33) a. practise b. exercise c. function

The role of lawyers is basically to direct and defend parties in all kinds of legal proceedings, to
provide legal advice and to represent their (34) __________ unless this task is reserved by
law to other professions.
(34) a. consumers b. customers c. clients

In order to practise as a lawyer, a person must:

• be a Spanish national or a national of a Member State of the European Union or of a
country that is a party (35) ________ the Agreement on the European Economic Area
of 2 May 1992;
(35) a. from b. to c. of

• be of age and must not be (36) ___________ from practising as a lawyer for any
reason;
(36) a. invalidated b. revoked c. disqualified

• be a (37) _________ lawyer or hold a Spanish law degree (in cases not regulated by
Law 30/2006 of 30 October 2006 on admission to the professions of lawyer or legal
representative and related implementing regulations) or an equivalent foreign degree
that has been officially approved under the rules (38) ________________;
(37) a. trained b. qualified c. professional

(38) a. in force b. in state c. in currency

• be a member of the (39) _________________ (Colegio de Abogados) for the district

in which the professional domicile is located, in order to practise anywhere in Spain.
(38) a. College b. Bar c. Professional School

7
 ANSWER KEY

BECOMING FAMILIAR WITH THE SPANISH LEGAL SYSTEM

The following is a description of the Spanish legal system. Fill in the
gaps by translating into English the terms/expressions in brackets.

ORGANISATION OF JUSTICE

TYPES OF (1) COURTS [juzgados y tribunales]

The Spanish Constitution of 1978 states that Spain is a (2) SOCIAL AND DEMOCRATIC STATE
SUBJECT TO THE RULE OF LAW [estado social y democrático de derecho], which advocates
liberty, justice, equality and political pluralism as the overriding values of its legal system.

Title VI of the Constitution is given over to the (3) JUDICIARY [Poder Judicial], with Article
117 stating that the principle of the unity of the judicial power is the basis for the organisation
and operation of the courts.

Numerous (4) COURTS [juzgados y tribunales] exist, among which the work is distributed
according to criteria for determining jurisdiction – (5) SUBJECT MATTER [materia] , amount,
person, function or region.

The ordinary courts are those regulated by the (6) ORGANIC LAW/ACT ON THE JUDICIARY
[Ley Orgánica del Poder Judicial] provided for in Article 122 of the 1978 Constitution.

A distinction must be made between three fundamental aspects:

4. the territorial aspect;

5. whether it is a (7) SINGLE JUDGE/SOLE JUDGE/JUDGE SITTING ALONE

[unipersonal] or a (8) BENCH/PANEL [colegiado] of judges who sit in the court;

6. (9) JURISDICTION [jurisdicción].

8
THE TERRITORIAL ASPECT

In accordance with the explanatory memorandum to Organic Law 6/1985 of 1 July 1985 on the
Judiciary, the State is divided territorially, for judicial purposes, into municipalities, (10)
DISTRICTS/CIRCUITS [partidos], provinces and autonomous communities, with jurisdiction
over them being exercised by (11) THE PEACE COURTS [Juzgados de Paz], (12) COURTS OF
FIRST INSTANCE AND PRELIMINARY INVESTIGATION(S) [Juzgados de Primera Instancia
e Instrucción], (13) ADMINISTRATIVE COURTS [Juzgados de lo Contencioso-
Administrativo], (14) EMPLOYMENT/LABOUR TRIBUNALS [Juzgados de lo Social], (15)
COURTS RESPONSIBLE FOR THE WELFARE AND SUPERVISION OF PRISONERS
[Juzgados de Vigilancia Penitenciaria] and (16) JUVENILE/YOUTH COURTS [Juzgados de
Menores], (17) PROVINCIAL COURTS [Audiencias Provinciales] and the (18) AUTONOMOUS
COMMUNITIES’ HIGH COURTS [Tribunales Superiores de Justicia de la Comunidades
Autónomas]. The (19) NATIONAL CRIMINAL, EMPLOYMENT, JUVENILE AND
ADMINISTRATIVE COURT [Audiencia Nacional], the (20) SUPREME COURT [Tribunal
Supremo], the (21) CENTRAL/NATIONAL COURTS OF PRELIMINARY INVESTIGATION(S)
[Juzgados Centrales de Instrucción] and the (22) CENTRAL ADMINISTRATIVE COURTS
[Juzgados Centrales de lo Contencioso-administrativo] have nation-wide jurisdiction.

(23a) SINGLE JUDGE [unipersonal] or (24) BENCH OF JUDGES [colegiado]

A (23b) SINGLE JUDGE [unipersonal] judge sits in all the courts with the exception of the
Supreme Court, the National Criminal, Employment, Juvenile and Administrative Court, the
autonomous communities’ high courts and the provincial courts.

The Supreme Court comprises its president, the (25) DIVISIONAL

PRESIDENTS/PRESIDENTS OF SECTIONS/OF CHAMBERS [presidentes de sala] and the
(26) JUDGES [magistrados] assigned by the law to each division. There are five divisions: (27)
CIVIL [civil], (28) CRIMINAL [penal], (29) ADMINISTRATIVE [administrativa], (30)
LABOUR/EMPLOYMENT [social] and (31) MILITARY [militar].

The National Criminal, Employment, Juvenile and Administrative Court (Audiencia Nacional)
consists of a (32) PRESIDENT [presidente], the (33) DIVISIONAL PRESIDENTS [presidentes
de sala] and the judges assigned by the law to each division.

9
The (34) AUTONOMOUS COMMUNITIES’ HIGH COURTS [Tribunales Superiores de
Justicia] comprise four divisions (civil, criminal, administrative and labour/employment). They
consist of a president, who is also the president of the civil and criminal divisions, the divisional
presidents and the judges assigned by the law to each division.

The (35) PROVINCIAL COURTS [Audiencias Provinciales] comprise one president and two or
more judges. They hear civil and criminal cases.

THE JUDICIARY

The Organic Law on the Judiciary lays down three career categories:

• (36) SUPREME COURT JUDGE [magistrado del Tribunal Supremo],

• (37) SENIOR JUDGE [magistrado],

• (38) JUDGE [juez].

10
The following text talks about the Spanish legal system. Choose the
correct option for each gap.

JURISDICTION
In addition to the territorial aspect, the (1) ____________________ that can come (2)
____________ the courts are of different kinds, and are (3) ___________ by four systems
of courts:
(1) a. matters or issues b. affairs or subjects c. subjects or affairs

(2) a. opposite b. in front of c. before

(3) a. resolved b. dealt with c. judged

Civil courts: deal with disputes not explicitly assigned to another class of court. They can
therefore be described as (4) _______________ courts.
(4) a. ordinary b. normal c. habitual

Criminal courts: criminal cases and (5) ________________ must be dealt with in the
criminal system. In Spanish law, however, civil (6) ______________ arising out of a criminal
offence can be (7) ___________ at the same time as the criminal proceedings. In such a case,
the appropriate (8) ________________ to be paid in order to make good the loss caused by
the offence or (9) ____________ will be determined by the criminal court.
(5) a. proceedings b. procedures c. processes

(6) a. processes b. demands c. actions

(7) a. brought b. interput c. interposed

(8) a. indemnification b. damage c. damages

(9) a. fault b. minor offence c. misdemeanour

Administrative courts: examine the legality of acts carried out by the authorities and financial
(10) _______________ made against them.
(10) a. claims b. complaints c. demands

Labour tribunals: deal with claims made under labour law, both in individual (11)
_______________ between workers and employers (12) _______________ the
employment contract, and in relation to (13) _________________, as well as social security
claims or claims against the state when it bears (14) ____________ under employment
legislation.
(11) a. conflicts b. disputes c. disagreements

(12) a. arising from b. coming from c. raising of

(13) a. collective bargaining b. collective agreements c. collective conventions

(14) a. accountability b. responsibility c. liability

11
In addition to these four court systems, there are also military courts in Spain.
In Spain no system of extraordinary courts exists; however, in the context of the judicial systems
mentioned, special courts have been created for specific matters, for example courts dealing
with violence (15) __________ women, courts responsible for the welfare and (16)
______________ of prisoners and (17) ___________ courts. These are ordinary courts but
are specialised in a particular area.

(15) a. for b. against c. to

(16) a. surveillance b. control c. supervision

(17) a. juvenile b. youth c. young

LEGAL PROFESSIONS
In Spain, a legal profession means a profession that can only be practised by someone who has
undergone special legal training, given that their work has to do with applying the law.
The main legal professions in Spain are (18) ___________________ (fiscales), (19)
__________ (jueces) and (20) ________________ (magistrados), (21) _________
(abogados), notaries (notarios), (22) ____________________ (letrados de la
administración de justicia), (23) ____________ and business registrars and (24)
_________________ (procuradores).
(18) a. fiscals b. public prosecutors c. persecutors

(19) a. triers b. magistrates c. judges

(20) a. magistrates b. senior judges c. higher judges

(21) a. lawyers b. attorneys c. advocates

(22) a. court clerks b. court secretaries c. court registrars

(23) a. field b. land c. estate

(24) a. legal advisors b. counsels c. legal representatives

JUDGES AND SENIOR JUDGES

Only judges can dispense justice, i.e. only they can (25) ____________ judgments and have
them enforced.
(25) a. hand down b. dictate c. submit

Judges are independent of the other powers of the state and are subject only to the constitution
and the law.
Admission to careers in the judiciary is based on the principles of merit and ability. The
selection process is objective and transparent, guaranteeing equal opportunity for everyone who
meets the criteria and who has the necessary skills, professional competence and qualifications
to (26) __________ as a judge.
(26) a. perform b. act c. serve

12
Under the Organic Law on the Judiciary, in order to become a judge, candidates must pass a
(27) _____________ examination for law graduates and take a course at law school (Escuela
Judicial).
(27) a. opposition b. competing c. competitive

A smaller number of candidates also enter the judiciary via the senior judge and Supreme Court
judge route.
Finally, Supreme Court judges are (28) __________ by the General Council of the Judiciary
(Consejo General del Poder Judicial) from senior judges with at least 15 years’ (29)
_________, including 10 years as a senior judge, while one fifth of Supreme Court judges are
appointed from lawyers of recognised ability with at least 15 years’ experience.
(28) a. nominated b. appointed c. addressed

(29) a. performance b. experience c. service

PUBLIC PROSECUTORS
The (30) _____________ (Ministerio Fiscal) is a constitutionally important body with its
own legal personality, which has functional autonomy within the judiciary. It exercises its
functions through its own structures, in accordance with the principles of unity of action and
hierarchical subordination, and subject in all cases to the principles of legality and impartiality.
(30) a. Prosecution Service b. Public Prosecutor’s Office c. Ministry of Public
Prosecutions

The (31) ________________ (Fiscal General del Estado) is the head of the Public
Prosecutor’s Office and represents it throughout Spain. S/he is responsible for issuing the
necessary orders and instructions concerning the Office and its internal workings, and for its
general management and supervision.
(31) a. Prosecutor General b. Head of Prosecution c. Director of Public
Prosecution

In organisational terms they come under the Prosecutor General’s Office and the respective
Public Prosecutor’s Offices of the autonomous communities.

COURT REGISTRARS
Court registrars constitute a senior body in the justice administration system. They are civil
servants who (32) ______ the Ministry of Justice, and they act as an authority in their own
right.
(32) a. are under the remit of b. come under c. depend on

Court registrars must hold a law degree and pass a competitive examination followed by a
course at the Centre for Legal Studies (Centro de Estudios Jurídicos). Court registrars form a
hierarchical body under the Ministry of Justice and they are subject to practically the same rules
on incompatibilities and prohibitions as judges.

13
LAWYERS
Lawyers are independent members of a liberal profession. They are not civil servants and (33)
___________ on the basis of free and fair competition (Article 1 of the General Statute of
Spanish Lawyers —Estatuto General de la Abogacía Española).
(33) a. practise b. exercise c. function

The role of lawyers is basically to direct and defend parties in all kinds of legal proceedings, to
provide legal advice and to represent their (34) __________ unless this task is reserved by
law to other professions.
(34) a. consumers b. customers c. clients

In order to practise as a lawyer, a person must:

• be a Spanish national or a national of a Member State of the European Union or of a
country that is a party (35) ________ the Agreement on the European Economic Area
of 2 May 1992;
(35) a. from b. to c. of

• be of age and must not be (36) ___________ from practising as a lawyer for any
reason;
(36) a. invalidated b. revoked c. disqualified

• be a (37) _________ lawyer or hold a Spanish law degree (in cases not regulated by
Law 30/2006 of 30 October 2006 on admission to the professions of lawyer or legal
representative and related implementing regulations) or an equivalent foreign degree
that has been officially approved under the rules (38) ________________;
(37) a. trained b. qualified c. professional

(38) a. in force b. in state c. in currency

• be a member of the (39) _________________ (Colegio de Abogados) for the district

in which the professional domicile is located, in order to practise anywhere in Spain.
(38) a. College b. Bar c. Professional School

14