Judiciary of Spain
Overview
The Judiciary of Spain is the system of courts that interprets and applies the law in Spain. It is a hierarchical system, with the Supreme Court at the apex, followed by the National Court, High Courts of Justice of the Autonomous Communities, and various lower courts. The judiciary is independent of the executive and legislative branches of government, as established by the Spanish Constitution of 1978.
History
The modern judiciary of Spain has its roots in the Roman legal tradition, as does much of the civil law tradition in Europe. The Visigothic Code, or Liber Iudiciorum, was one of the first written legal codes in the Iberian Peninsula, and had a significant influence on the development of medieval Spanish law. The judiciary system underwent significant changes during the Reconquista, the period of Moorish rule, and under the Habsburg and Bourbon dynasties. The current system was largely established by the Constitution of 1978, following the end of Franco's dictatorship.
Structure
The judiciary of Spain is organized into several levels, with the Supreme Court at the top. Below it are the National Court and the High Courts of Justice of the Autonomous Communities, and then a variety of lower courts. Each court has its own jurisdiction and responsibilities.
Supreme Court
The Supreme Court of Spain is the highest judicial body in the country. It has jurisdiction over all Spanish territory and is the final court of appeal in all cases. The Supreme Court is divided into five chambers: Civil, Criminal, Administrative, Labor, and Military.
National Court
The National Court of Spain is a high court that deals with major criminal cases, including those related to terrorism, organized crime, and crimes against the Crown. It also hears appeals from decisions of the lower courts.
High Courts of Justice
The High Courts of Justice are the highest courts in each of the Autonomous Communities of Spain. They hear cases involving regional law and have appellate jurisdiction over cases heard in lower courts within their territory.
Lower Courts
There are several types of lower courts in Spain, including Provincial Courts, Courts of First Instance, and Instruction Courts. These courts handle a wide range of civil and criminal cases.
Judicial Council
The General Council of the Judiciary is the governing body of the judiciary in Spain. It is responsible for the appointment, promotion, and discipline of judges, as well as for overseeing the operation of the courts.
Legal Profession
In Spain, the legal profession is divided into two main categories: lawyers and procurators. Lawyers provide legal advice and represent clients in court, while procurators act as intermediaries between the court and the parties to a case.
Criticism and Controversy
The judiciary of Spain has faced criticism and controversy over issues such as judicial independence, corruption, and the handling of political cases. Despite these challenges, it remains a key pillar of Spanish democracy.