SPANISH LEGAL SYSTEM

MODULE I – JURISDICTION

LESSON 2 – JUDICIAL POWER

LESSON 2.1 - PRINCIPLES OF OPERATION OF JUDICIAL POWER

LESSON 2.2 – JURISDICTION EXTENTION AND LIMITS.
JUDICIAL BODIES
 PRINCIPLES OF OPERATION OF JUDICIAL POWER

Division of powers and independence of the judicial power from the rest of
powers, in the exercise of jurisdictional power.
Jurisdiction vs. judicial power: jurisdiction is a conflict resolution mechanism,
and judicial power is that which contains the exercise of jurisdiction. Judicial
power must be understood as the set of bodies to which the exercise of the
jurisdictional function is attributed (judges and magistrates).

1. Exclusivity

2. Unity

3. Independence

4. Self-Government
 1. EXCLUSIVITY

 Art. 117(3, 4) SC:

“The exercise of judicial authority in any kind of action,
both in ruling and having judgments executed, is vested
exclusively in the courts laid down by the law, in accordance
with the rules of jurisdiction and procedure which may be
established therein.”
“Judges and courts shall not exercise any powers other than
those indicated in the foregoing subsection and those which
are expressly allocated to them by law as a guarantee of any
right.”

Same ideas are expressed in Art. 2 of the OAPJ

 1. EXCLUSIVITY

Positive exclusivity
• Judicial Power is entrusted only to the courts and it is
impossible to entrust it to any other power of the State.

• It preserves the independence of the judiciary as a

branch of government, because it reserves for it an area
where no other branch of government can interfere

Negative exclusivity

• Courts cannot perform functions other than those within

the judicial power (judging and execution of the
judgments)

• It preserves the impartiality of judges.

 1. EXCEPTIONS FROM THE POSITIVE EXCLUSIVITY

Arbitrators
- Arbitrators break the monopoly on conflict resolution

Bodies exercising jurisdictional power outside the judiciary

- Supranational courts, customary courts, the CC, the Court of Auditors

Administration
- Administrative sanctioning regime: the Administration can impose
administrative sanctions
- Enforcement power over judicial decisions that affect it: The AAdministration
does not have to wait for the judge to enforce a judgement

Ecclesiastical courts
- They perform jurisdictional functions in very specific areas established in the
Concordat between Spain and the Holy See
 1. EXCEPTIONS FROM THE NEGATIVE EXCLUSIVITY

Voluntary jurisdiction
- Acts in which the presence of a judge is required without there being a legal
conflict to solve.
- Adoption of minors, Emancipation, Protection of persons with limited capacity
Reduction of capital stock and redemption of shares, etc.

Criminal investigation
- A judge must investigate the facts that appear to be criminal
- It cannot be the same judge who makes a decision during the oral trial, to
ensure impartiality.

Other functions
- Participating in electoral processes and provincial expropriation juries, without
them being there to exercise jurisdictional power.

Management of Civil Registry (not an exception any more)

- Until Law 6/2021 judges of first instance were in charge of the management of
the Civil Registry. Now it is entrusted to Counsels of Justice Administration.
 2. UNITY

 Art. 117(5) SC:

“The principle of jurisdictional unity is the basis of the
organization and operation of the courts.”  A single
judicial organisation is designed for the whole State

To achieve unity, four key measures are provided for:

 Single law (OAJP) regulating all main aspects of justice

 Single integrated body of judges, regulated by OAJP

 Single Supreme Court at the top of the judicial hierarchy with the competence
in all branches of the law

 Government by single independent body: General Council of Judicial Power

 2. UNITY

 The principle of unity is not affected by:

 Jurisdictional orders: civil, criminal, contentious-administrative
and social.
 Specialised courts: Commercial Courts, Courts of Minors, Prison
Surveillance Courts, Courts for Violence against Women, Family
courts.

 Courts outside the Judicial Power: Constitutional Court, Court of Audit,

Supranational bodies (Court of Justice of the European Union,
European Court of Human Rights, International Criminal Court),
Customary bodies (Water Tribunal of Valencia and the Council of
Good Men of Murcia).
 Courts prohibited in Spain: courts of exception (117.6 SC) and courts
of honor.

 Military jurisdiction: can only be exercised in the strictly military sphere,

and it pursues and punishes offences under the Military Criminal
Code.
 3. INDEPENDENCE

 Art. 117(1) SC:

“Justice emanates from the people and is administered in the
name of the King by Judges and Magistrates who are members of
the judiciary, independent, irremovable, accountable and subject
only to the rule of law.”

 Ensure that the judge acts with freedom of judgement in the exercise of
jurisdictional power, avoiding any possible interference in his or her work
 Shall not be understood as exercising of the power without the limits and
control: OAJP foresees penal, civil and disciplinary responsibility of judges
 Must be carefully respected by all, and must be guaranteed against all:
against the parties to the proceedings and dispute; against their superior and
the organs of government; and against the other powers of the State and social
pressures.
 Prosecutor's Office has the function of safeguarding it
 3. INDEPENDENCE

From the other powers of the state and social pressures

• Creation of the GCJP: remote possibility of the other powers of the State to
influence judicial independence (education, appointment, promotion,
disciplinary measures, inspection, internal rules, etc.)
• OAJP: requirements for entry, incapacity or incompatibility, prohibitions, etc.
From superiors and governing bodies

• Each judge or magistrate is sovereign and independent in his decisions with

respect to all the judicial and governing bodies. They hold the jurisdictional
power in all its plenitude (art. 12.1 OAJP).
• Cannot correct the application or interpretation of the legal system made
by their hierarchical inferiors (except through appeals) (art. 12.2 OAJP).
• Prohibition to issue instructions, orders, pressures on the application or
interpretation of the legal system (art. 12.3 OAJP).
• Legislator has carefully regulated promotion and disciplinary system.

With regard to the parties and the dispute

• The absence of any interest in the resolution of the dispute other than the
strict application of the legal system.
• List of the grounds that can influence the decision  abstention and recusal
 4. SELF-GOVERNMENT:
GENERAL COUNCIL OF THE JUDICIAL POWER (GCJP)

Art. 122(2) SC:

“The General Council of the Judicial Power is the governing
body of the Judicial Power. The organic law shall establish its
statute and the regime of incompatibilities of its members and
its functions, in particular in matters of appointments,
promotions, inspection and disciplinary regime"

 The GCJP is an autonomous body created by the Constitution to govern the

judicial power in order to guarantee the independence of judges in the exercise
of the judicial function.

 The GCJP is composed of judges and other jurists. It is not a judicial body in
charge of judging and enforcing what has been judged.
 4. SELF-GOVERNMENT: POWERS OF GCJP

Appointment

Promotion

Inspection

Disciplinary accountability
 4. SELF-GOVERNMENT: STRUCTURE OF GCJP

Plenary

President

Commissions (permanent, disciplinary, on economic affairs,

on equally)
 PLENARY OF GCJP (20 MEMBERS + PRESIDENT)

Among judges Among Jurists Total

20 members and of recognised
magistrates prestige
Proposed by the Congress 6 4 10
Proposed by the Senate 6 4 10
Total 12 8 20

 20 members must be elected by a 3/5 majority of

Congress / Senate President

+
 They are appointed for a term of 5 years (¿2018?)
20 Members
 They cannot be re-elected in the following Council
=
 Plenary approves Annual Budget, regulations issued by
Plenary
GCJP, regulations issued by the GCJP, etc.
 PLENARY: JUDGES CANDIDATES

Since the opening of the term for the presentation, in one month, any judge
can present himself with support of:
25 judges or judicial association (every association or judge can support up to
12 candidates).

Electoral Assembly (the most senior President of the chamber, the most senior
judge and the newest judge of the Supreme Court) checks fulfilment of
requirements.

President of the GCJP sends the Parliament a list of all judges that fulfil
requirements.
=
 PLENARY: APPOINTMENT OF THE PRESIDENT OF GCJP AND THE SC

President of CGJP is elected by the 20 members = President of the Supreme Court

President is the highest judicial authority of the nation and represents the Judicial
Power and the GCJP.

20 members of the Plenary elects by qualified majority (3/5) from those who are
not members of the GCJP:
Judge of the Supreme Court that Legal practitioner with acknowledged
meets the requirements to be chief of competence and 25 years of
the chamber. experience.

If this majority is not obtained from the first voting, the second voting takes place
immediately between 2 candidates that have got most votes at the first
For this voting simple majority rule is applied
+ voting.

=
The King designates
 PERMANENT AND DISCIPLINARY COMMISSIONS

PERMANENT COMMISSION
Structure (8) - The President of the Supreme Court and GCJP
- 4 judges or magistrates and
- 3 jurists of recognized prestige
Election - Annually.
Functions it prepares the plenary sessions and ensures the execution
of its agreements
Special feature It is the only one that allows its members to work full-time

DISCIPLINARY COMMISSION
Structure (7) - 4 judges or magistrates and
- 3 jurists of recognized prestige
President: the most senior and longest-serving member.
Election For 5 years (the only one Commission of 5 years term).
Functions - It resolves severe and very severe disciplinary actions. It
does not accuse, it simply decides. The person who
accuses and provides evidence is the Promoter of the
Disciplinary Action (any judge with the experience > 25
years. Not part of GCJP).
 COMMISSIONS ON ECONOMIC AFFAIRS AND ON EQUALITY

COMMISSION ON ECONOMIC AFFAIRS

Structure (3) 3 members of the GCJP (president elected among them)
Election Annually
Functions - Carrying out studies and projects of economic and
financial nature that are entrusted to it by the Plenary.
- Control of the financial and accounting activity of the
management.

COMMISSION ON EQUALITY
Structure (3) 3 members of the GCJP (president elected among them)
Election Annually
Functions - To advise the Plenary on the necessary or appropriate
measures to integrate the principle of equality in GCJP.
- To draw up prior reports on the gender impact of the
Regulations.
- To propose measures to improve the parameters of
equality in the judicial profession
 OTHER GOVERNING BODIES OF THE JUDICIAL POWER

The Supreme Court, the National High Court and the 17 High
Governing Courts of Justice each have their own internal governing body to
Chambers ensure the day-to-day running of their courts.

Approve the rules for the distribution of cases, provisionally

complete the composition of the Chambers, exercise disciplinary
powers, promote retirement due to incapacity, draw up reports
on judicial activity, among others.

Presidents of Authorize the decisions of the chamber,

the Supreme dispatch the reports requested by the Council,
Court,
National direct the inspection of the courts,
High Court ensure the good order of the court,
and High
inform the GCJP of judicial vacancies, and
Courts of
Justice impose warnings for minor offences.
 OTHER GOVERNING BODIES OF THE JUDICIAL POWER

Presidents Entrusted with the direction and inspection of all the services and
of the matters in their respective bodies
chambers
of justice Adopt the resolutions that are advisable for the proper functioning of
and the Administ. of Justice, and will report any anomalies they observe
judges Exercise disciplinary functions over the personnel assigned.

In those towns where there are two or more courts of the same
jurisdictional order, one of them will exercise the functions of Dean.
Dean They assume the functions of organizing the different courts in
Judges matters such as ensuring the proper functioning of the on-call
service, convening the Judges' meetings, overseeing the correct use
of the judicial premises or the distribution of cases.

Judges' meetings bring together all judges of a province or

autonomous community to deal with exceptional common
Boards of problems.
judges General meetings bring together the judges of the courts located in
and the same town, to deal with matters of common interest.
magistrates
Sectoral boards bring together judges of the different sections of the
same chamber for the unification of criteria and coordination of
procedural practices.
 SPANISH LEGAL SYSTEM

MODULE I – JURISDICTION

LESSON 2 – JUDICIAL POWER

LESSON 2.1 - PRINCIPLES OF OPERATION OF JUDICIAL POWER

LESSON 2.2 – JURISDICTION EXTENTION AND LIMITS.
JUDICIAL BODIES
 JURISDICTION

Power derived from the sovereignty

of the State to solve legal conflicts +
through the imposition of Law

→ Judgement without jurisdiction =

=
we have an invalid judgement
 JURISDICTION

 Jurisdiction is a single and indivisible power, but due to the multitude of

matters, rules must be established to determine which court has jurisdiction
to hear the given case (that is called “competence”):

1º) Determine whether the matter falls within the scope and limits of Spanish
jurisdiction, or whether it should be tried by a foreign court.

2º) If the case falls within Spanish jurisdiction, it is necessary to determine the
jurisdictional order to which it belongs (Civil, Criminal, Contentious-
administrative and Social).

3ª) Once the jurisdictional order has been determined, the court within that
order that will hear the case (application of the 3 criteria of objective,
+
functional and territorial “jurisdiction” (understood as competencia).

=
 EXTENSION AND LIMITS OF JURISDICTION

Art. 4 OAJP: “Jurisdiction of the Courts extends to all persons,

matters and all the Spanish territory as provided in the Spanish
Constitution and the Statutes”
Art. 21.1 OAJP: “Spanish Civil Courts will hear claims that arise
within Spanish territory in accordance with the stipulations of the
international conventions and treaties to which Spain is a party, the
regulations of the European Union and Spanish laws”

Exceptions (subjects or assets that are afforded jurisdictional immunity)

+
• Domestic law: exemption in relation to the King and criminal prosecution
of deputes and senators.
= of
• International law: certain foreign persons (heads of state, members
European Parliament, ambassadors or diplomats).
 EXTENSION AND LIMITS OF JURISDICTION

Art. 21 There are no matters objectively barred

OAJP to Spanish courts

Art. 22-25 Take into account connections of the

dispute with Spanish territory 
OAJP (i) Spanish courts or (ii) foreign courts

To determine Spanish jurisdiction, OAJP uses criteria of:

Exclusivity
• Any judgement or decision handed down by non-competent
bodies (i.e. foreign bodies), has no effect in Spain. Impossibility of
recognizing and enforcing foreign judgments that have decided
any of the litigious matters that are reserved to Spanish judges. +
• Spanish courts must abstain from hearing when matter is attributed
exclusively to the jurisdiction of another country.
=
Generality
• Law admits that those conflicts, can be resolved, equally validly
and effectively, by other judges and courts of other foreign
countries
 JURISDICTIONAL ORDERS OR (BRANCHES OF LAW)

Civil
• It decides on claims between private parties and on all matters that
are not assigned to another court or tribunal.

Criminal
• It investigates and punishes offences and crimes defined in the
Criminal Code.
• Under Spanish law the civil action derived from a criminal offence
may be brought jointly with the criminal action.

Contentious-administrative
• It resolves complaints between private individuals and +
public
administrations.

Social
=
• It resolves disputes between workers and employers and Social
Security.
 SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CIVIL

National Courts Foreign Courts

E a. Property rights and rights relating to properties Judgement of
X rented in Spain (rent for personal use < 6 months). Foreign courts
C are not
L b. The constitution, validity, nullity or winding up of recognized
U companies or legal entities with registered (valid) in Spain
S addresses in Spain.
I c. The validity or nullity of inscriptions made in a
V Spanish registry.
E
d. The validity or nullity of patents, brands, designs or
art. 22 drawings and models and other rights subject to
OAJP deposit or registration, where the depositing or
registration is requested or carried out in Spain. +
e. The recognition and enforcement within Spanish
territory of judicial rulings, arbitration decisions
and mediation agreements issued overseas.
=
f. Provisional measures against a person or goods.
SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CIVIL
National Courts
G Spanish judges and courts will have jurisdiction: (i) there is express or
E tacit submission or (ii) the defendant has his domicile or habitual
N residence in Spain (regardless of nationality)
E - Submission is not admitted for attributing competence in the
R international field where, in the domestic field, submission is not
A permitted for attributing competence
L
- Natural person  usual residence.
222-223 - Legal person  Headquarters, center of administration, central
OAJP administration or center of main activities.

=
 SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CIVIL

National Courts
S In some cases, Spanish courts can have jurisdiction but also
P international courts can have jurisdiction.
E Due to this kind of jurisdiction, if there is a link with Spain on the
C case, it could be brought to Spanish courts. It could also be judged
I in another country. Those links are:
A 1. Personal relations: family relations, legal capacity, protection,
L recognition as dead / missing.
224 – 227 2. Contractual, commercial relations: contracts, extra contractual
OAJP liability, consumers in Spain, branch of enterprise in Spain.

1. Cases related to legal incapacity and protection of persons residents of Spain.

2. +
Declaration of absence or death when the last residence place of such a person
was in Spain or was Spanish.
3. Personal and patrimony relations of spouses when courts of other countries do not
=
have competence and: (i) Both have their usual residence in Spain, (ii) plaintiff
stays in Spain at least 1 year since the claim was presented, (iii) both bring the case
to the court on the basis of common agreement and one of them has usual
residence in Spain, (iv) both are Spanish or (v) defendant is Spanish and 6 months
before the claim has had his usual residence in Spain.
 SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CIVIL
4. Relations of affiliation, protection of minors and parental responsibility when:
(i) The child has its usual residence in Spain or (ii) Plaintiff has its usual residence
(or at least 6 months before bringing the action) in Spain or is Spanish
5. Maintenance when one of the parties usual residence in Spain or when a
court has competence for main action and maintenance is derived from it
6. Succession when the last place of residence of testator was in Spain or his /
her estate is in Spain and at the moment of death he/she was Spanish
7. Contractual relations when they appear or have to be accomplished in Spain
8. Cases related to exploitation of some branch, agency when they are on the
territory of Spain
9. Extra-contractual relations (damage) if they occurred in Spain
10. Cases related to consumers’ rights, normally when a customer has its
residence in Spain
11. Cases of insurance when one of the parties (or beneficiary) has his residence
in Spain
12. Adoption of provisional or warranty measures related to person or property
that are in Spain
13. Actions related to the movable things when at the moment of the claim they
were in Spain
SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CRIMINAL

Criteria
Jurisdiction Spanish courts competent to hear cases involving crimes and
based on minor offences committed in Spanish territory or committed
territory on board Spanish ships or aircraft.
23.1 OAJP
Spanish courts competent to hear cases provided that those
criminally responsible are Spanish or foreigners who have
acquired Spanish nationality after the facts and the following
Jurisdiction requisites are met:
based on 1. When the committed act is punishable by the criminal law
nationality of the country where it was committed (except those
cases when international law does not foresee this
requirement).
23.2 OAJP 2. When the victim or the Public Prosecutor brings a charge
before Spanish Tribunals.
3. Non bis in idem (a person haven’t been acquitted,
reprieved or punished abroad for that crime or in the last
case didn’t serve the sentence).
SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CRIMINAL

Criteria
Jurisdiction Spanish courts competent to hear cases, regardless of the
based on nationality of the offenders or the place where the acts were
type of crime committed, when they can be classified as any of the
offences listed.
23.3 and 23.4 a. Betrayal, offences against peace or independence of the
OAJP State
b. Against holder of the Crown, his (her) partner, his (her)
successor or regent
c. Rebellion, sedition
d. Forgery of Royal signature or stamps, the seal of the State,
signatures of the ministers and official, public stamps
e. Forgery of Spanish currency and its remittance (expedición)
f. Other forgery and remittance that is directly related to the
interests of the State
g. Attack against Spanish public authorities or servants
h. Committed by performing function of Spanish public
servants abroad and against Spanish Public Administration
i. Related to the control of exchange.
 SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: CRIMINAL AND CONTENTIOUS-ADMINISTRATIVE

Criteria Criminal
Spanish jurisdiction is applied to deeds committed by persons
“Universal of Spanish nationality or foreigners out of Spanish territory if
jurisdiction” they are one of the following crimes:
a. Genocide and crimes against humanity,
b. Terrorism,
c. Piracy and illegal taking control over aircrafts,
d. Related to the prostitution and corruption of minor and
legally incapable persons,
e. Trafficking in drugs,
f. Trafficking in human beings, including illegal migration,
regardless are they workers or not,
g. Any other crime that according to international treaties and
agreements.

Criteria Contentious-administrative
Exclusive Spanish courts will be competent, only and exclusively, to hear
jurisdiction those cases in which the nullity of administrative acts
originating from Spanish administrative bodies is sought.
24 OAJP
 SPANISH INTERNATIONAL JURISDICTION ACCORDING TO THE DIFFERENT
JURISDICTIONAL ORDERS: SOCIAL

Criteria
• the services have been rendered in Spain or the contract
Rights and has been executed in the Spanish territory;
obligations • the defendant is domiciled in the territory of Spain or an
stemming from agency, branch or representative office in Spain;
employment • the employee and the employer are Spanish, regardless of
contracts the place where the services were rendered or the
employment contract was executed; or
24 OAJP • the contract is about shipment and the offer was made in
Spain to Spanish employee.

Collective • Compliance with the law of collective agreements

agreements executed in Spain and any claims arising from labour
24 OAJP disputes that take place in the territory of Spain.

Social • Social Security claims against Spanish companies or entities

Security which have a registered address, branch, office or any
24 OAJP other representation in Spain.
 COMPETENCE

Once the jurisdictional order / Branch of law is determined...

Objective competence

• Determines the court that will hear the case in the first instance
• Two criteria are taken into account: subject matter and amount of the claim

Functional competence

• Determines the court that will hear the incidents that arise in the process, the
appeals filed against the judgments and the eventual enforcement of such
judgments.

Territorial competence

• Assigns the hearing of a case to a court in a particular district using

geographical criteria.
 CONFLICTS ON JURISDICTION

Positive conflicts Negative conflicts

• Both authorities declare • Both authorities deny
their jurisdiction about their jurisdiction in the
the case. case.

* Judicial Power vs. the Administration

Conflict of
jurisdiction * Ordinary vs. military jurisdiction
38 OAJP Solved by Conflicts of Jurisdiction Chamber of SC
Sala de Conflictos de Jurisdicción)

Conflict of * Jurisdictional order vs. jurisdictional order

“Jurisdiction” Criminal jurisdictional order is prevailing
(competencia)
Solved by Conflicts of “Jurisdiction” Chamber of SC
42 OAJP (Sala de Conflictos de Competencia)

Question of * Court vs. court of the same jurisdictional order

“Jurisdiction”
(competencia) Solved by the immediately highest court in the
51 OAJP hierarchy of both courts
 TERRITORIAL DIVISION

National Territory

Autonomous Communities

Provinces

Districts

Municipalities

District: the only territorial division different from administrative

division and created specifically for judicial purposes. Consists of one
or more bordering municipalities of one province.
 JUDICIAL BODIES BY TERRITORY AND JURISDICTIONAL ORDER

Civil Criminal Contentious- Social

administrative
National - Supreme Court - Supreme Court - Supreme Court - Supreme
territory - National High Court - National High Court
- Central Examining Court - National High
Courts - Central Court
- Central Criminal Courts administrative
- Central Prison Court
Supervision Courts
- Central juvenile Courts
Autonomous - High Courts of - High Courts of - High Courts of - High Courts of
communities Justice Justice Justice Justice

Provinces - Provincial Courts - Provincial Courts - Administrative - Labour

- Criminal Courts Courts Courts
- Commercial Courts - Juvenile Courts
- Prison Supervision
Courts
Judicial - 1st instance - Examining courts
districts Courts - Courts of violence
- Commercial against women
Courts Military: special
Municipalities - Courts of peace - Courts of peace jurisdiction…
 UNIPERSONAL VS. COLLEGIAL JUDICIAL BODIES

Courts of Peace

First Instance Courts

Administrative Courts

Social Courts
Supreme Court
Unipersonal

Commercial Courts

Collegial
National High Court
Examining Courts

Juvenile Courts High Courts of Justice

Courts of Violence against

Women Provincial Courts
Criminal Courts

Prison Supervision Courts

Central Courts
 JUDICIAL BODIES WITH NATIONAL JURISDICTION

Supreme Court
• First Chamber, of civil matters
• Second chamber, of criminal matters
• Third Chamber, of Contentious-Administrative matters
• Fourth Chamber, of Social matters
• Fifth Chamber, of Military matters
• Special Chamber
Appeals for cassation, review and other extraordinary appeals, first instance trials
of civil liability claims for acts committed in the exercise of their duties as high
dignitaries of the nation.

National High Court

• Chamber of criminal matters
• Chamber of criminal appeals
• Chamber of Contentious-Administrative matters
• Chamber of Social matters
Crimes of special national significance, offences against the crown and high-
ranking officials, counterfeiting currency, offences committed outside the
national territory, challenges to administrative bodies at national level, etc.
 JUDICIAL BODIES WITH NATIONAL JURISDICTION

Central Criminal Courts

• They prosecute the same offences as the Criminal Chamber of the National
High Court when they carry a prison sentence of less than five years (less
serious).

Central Examining Courts

• They investigate crimes that will later be tried by the Criminal Chamber of the
National High Court or the Central Criminal Courts.

Central Prison Supervision Courts

• They attend to the enforcement of sentences imposed by the National High
Court or the Central Criminal Courts.

Central Juvenile Courts

• It prosecutes the same offences as the National High Court and the Central
Criminal Courts but when minors are accused.

Central Administrative Courts

• Appeals against provisions and acts emanating from public authorities, bodies,
organs and entities with jurisdiction throughout the national territory.
 JUDICIAL BODIES WITH AUTONOMOUS JURISDICTION

High Courts of Justice

• Chamber of civil and criminal matters
• Chamber of Contentious-Administrative matters
• Chamber of Social matters
Civil liability of persons with immunity status for acts committed in the exercise of
their position as regional authorities, support and control of arbitration, criminal
cases of statutes of autonomy, contentious-administrative appeals against acts
and provisions of the administration of the State or Autonomous Community,
labour matters affecting a territory greater than that of a social court but not
greater than its Autonomous Community
 JUDICIAL BODIES WITH PROVINCIAL JURISDICTION

Provincial courts
• It is essentially an appellate body to hear appeals against judgments handed
down in the first instance by its civil and criminal hierarchical inferiors.

Commercial Courts
• Insolvency, transport, maritime law, consumer protection...

Criminal Courts
• Prosecution of minor offences

Administrative Courts
• Challenges of administrative acts and provisions not attributed to other bodies,
challenges of certain acts of the peripheral administration and electoral
boards

Labour Courts
• Matters relating to labour and social security law.
 JUDICIAL BODIES IN JUDICIAL DISTRICTS AND MUNICIPALITIES

First instance and Examining Courts

• Judicial body with jurisdiction in a judicial district.
• First instance Court: its task is to hear and rule on first instance lawsuits, except
those entrusted to the commercial courts + voluntary jurisdiction + application
for recognition and enforcement of foreign judgments + appeal of judgments
Justice of the Peace (civil)
• Examining court: its task is to investigate minor offences.

Courts of Violence Against Women

• Judicial body with jurisdiction in a judicial district.
• Investigates criminal acts arising from gender-based violence.

Courts of peace
• Judicial body with jurisdiction in a municipality or group of municipalities.
• First step in the judicial system when there is no court of first instance and
instruction in simple matters and conciliation acts.
• Lay judges: they do not have to be law graduates, are elected for 4-year
terms by the Town Council and appointed by the governing chamber of the
corresponding Supreme Court.
Thank you for
your attention!