Judiciary of Spain facts for kids

Kids Encyclopedia Facts

The Judiciary of Spain is made up of courts and tribunals. These are places where judges and magistrates (who are like special judges) work. They have the important job of making sure justice is served for everyone in Spain, in the name of the King.

How Laws Work in Spain

Spain uses a legal system called civil law. This means that judges follow detailed legal codes and laws. These laws are based on old Roman law. This is different from common law, which relies more on past court decisions.

The way the Spanish court system works is set out in several important laws. These laws make sure that everything is fair and organized.

Important Rules for Judges

The Spanish Constitution has special rules for how the courts should work. These rules help make sure justice is done correctly:

Fairness (Impartiality): Judges must be fair to everyone. They cannot take sides. If a judge cannot be fair in a case, they must step away from it.
Freedom (Independence): Courts and judges are free from outside influence. No one, not even the government, can tell them what to decide.
Staying in Office (Irremovability): Judges usually cannot be removed from their jobs. They can only be removed for serious reasons, and only if the law allows it. This protects them from being fired for unpopular decisions.
Being Accountable (Responsibility): Judges are responsible for their actions. If they break rules or commit crimes while working, they can be held accountable. This process is set by law, without interference from other parts of the government.
Following the Law (Legality): Judges must always follow the Constitution and all other laws. They are just like everyone else in this regard.

How Courts Are Organized

The court system in Spain is set up in different ways. It can be organized by areas of land or by types of law.

Courts are organized into different levels across Spain:

National courts cover the whole country.
Courts in each of Spain's regions.
Courts in each of Spain's provinces.
The judicial district, which is a smaller local area. It usually covers one or more towns. Each district has at least one basic court.

The court system also handles five main types of law:

Civil law: Deals with disagreements between people or companies.
Criminal law: Deals with crimes and punishments.
Administrative law: Deals with cases against the government.
Labour or social law: Deals with work-related issues.
Military law: Deals with legal matters for the armed forces.

Some courts are run by just one judge. These are called "unipersonal courts." They are the most basic courts in Spain. Other higher courts have groups of judges who make decisions together.

Courts by Area

Home of the Supreme Court of Spain, in Madrid.

National Courts

The Supreme Court

The Supreme Court of Spain (Tribunal Supremo) is the highest court in Spain. It has five different sections, each dealing with a different type of law. Its decisions are usually final. You can only appeal to the Constitutional Court if you believe your basic rights from the Constitution were ignored.

The National Court (Audiencia Nacional)

The Audiencia Nacional is based in Madrid. It handles cases that affect the whole country. It deals with serious crimes like terrorism, organized crime, and counterfeiting. It also handles cases against government ministers or the Council of Ministers.

Some people think this court is not really needed. They see it as similar to a political court that existed a long time ago during the Francoist Period.

Regional Courts (Autonomous Communities)

High Courts of Justice

The High Courts of Justice (Tribunal Superior de Justicia) are the highest courts within each of Spain's regions. They handle important cases that happen within that region. They also hear appeals from lower courts in their region.

For example, they deal with cases involving the president or members of the regional government. They also hear appeals about regional laws or decisions.

Some examples of these courts are:

High Court of Justice of Cantabria
High Court of Justice of Castile and León

Provincial Courts

Provincial Courts (Audiencia Provincial)

The Audiencia Provincial is a court that covers one province. It handles two main types of cases:

Civil cases: It hears appeals from decisions made by basic civil courts.
Criminal cases: It judges serious criminal cases that happen in the province.

Courts by Type of Law

Basic Civil Courts

These are the most common courts for civil cases. They handle most disagreements between people or companies. They also hear appeals from decisions made by Justices of the Peace. The judges in these courts often manage the local civil registry, which records births, deaths, and marriages.

Courts of Inquiry

These courts are responsible for investigating criminal cases. Their job is to gather information and evidence so that a higher court can judge the case. In smaller areas, the same judge might handle both basic civil cases and criminal investigations.

Administrative Courts

These courts handle cases where people or groups disagree with decisions made by government bodies. This includes decisions from national, regional, and local governments.

Social Courts

These courts deal with cases related to work and employment law. They handle disputes between workers and employers.

Justices of the Peace

These courts are found in smaller towns that are not the main city of a judicial district. A Justice of the Peace leads them. They handle very minor civil and criminal cases.

Juvenile Courts

These courts deal with criminal cases involving young people. They handle cases for those who are between 14 and 18 years old. They follow a special law about the responsibility of minors.

Prison Oversight Courts

These courts oversee the conditions in prisons. They also decide how long a prisoner stays in a certain prison level or if they can get conditional freedom.

The Constitutional Court

The Constitutional Court is a special court. It is not officially part of the regular court system. Instead, it is an independent part of the government. Its main job is to explain and protect the Constitution. Even though it's separate, it works in ways that are similar to other courts.

People Who Work in the Courts

Judges and Magistrates

The Spanish court system is made up of professional judges. They are public servants who work for the government. There are three main types: judges, magistrates, and Supreme Court magistrates.

To become a judge in Spain, you must be a Spanish citizen and have a Bachelor's degree in Law from a Spanish university. You also cannot have any legal reasons preventing you from applying. You have to pass a difficult state exam. After passing, you go to a special school for judges for about a year. You also get practical training in real courts. If you pass all this, you become a sworn judge.

Some magistrates for the Supreme Court are chosen from experienced lawyers and legal experts. These people must have more than fifteen years of professional experience. About one out of every five Supreme Court judges is chosen this way. Justices of the Peace are different; they are local people chosen by the town council.

Judges and magistrates have special rules they must follow. They cannot join political parties or trade unions. They also cannot publicly praise or criticize the government. They cannot attend public meetings or rallies in their role as a judge.

How the Courts Are Managed

Home of the G.C.J., in Madrid.

The General Council of the Judiciary is the body that manages the Spanish court system. It is not a court itself, but it oversees all the courts and tribunals in Spain. It also decides where judges and magistrates will work.

The General Council has 20 members. Twelve of these members must be judges or magistrates. The other eight must be legal experts, like lawyers or professors, who have a lot of experience (more than fifteen years). The members are chosen by the Congress and the Senate.