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Item: Types of Courts -> Category: Law -> Author: PF -> Revision: 15/05/2008
Types of Courts - Introduction (Spain)

The Spanish legal system is divided territorially into autonomous regions, provinces, municipalities and parties. The Supreme Court and the High Court are the only courts with national scope for action.

 

This system has a hierarchical organization. Above the Courts and the Courts of national level institutions are dealing with higher control of the legal bodies, organizing it and defending the interests of the State and the Constitution.

 

Prosecution

 

It is a body that aims to protect the public interest. Meets its role mainly to the organs of administration of justice. It is composed of judges, but by prosecutors.

 

Among the functions of the prosecutors is they preserve compliance with the Act in each case involving, for example calling for the Judges in the cases agree to take precautionary measures.

 

Council of the Judiciary

 

It is the governing body of the Judiciary. Its functions are to ensure the independence of judges and magistrates, the appointment of officials or the selection and training of judges.

 

Have power throughout the national territory. It consists of the Chief Justice and 20 other members. Of these 12 are judges and magistrates nominated by jurists and lawyers 8 are nominated by the Congress of Deputies and the Senate.

 

Constitutional Court

 

It is a judicial body on the fringes of the hierarchical organization of the above. It consists of 12 judges appointed by the King on a proposal from the Cortes Generales.

 

Its function is to ensure compliance with all the rights and freedoms listed in the Constitution. For a particular person present an amparo before the Constitutional Court must have exhausted all the resources of the mainstream.

 

Supreme Court

 

It is the highest judicial institution in Spain. It has its headquarters in Madrid. It consists of five rooms: from civil, criminal, administrative disputes, social and military. Each of these rooms is composed of a president and a certain number of judges stipulated by the law.

 

The Chief Justice is appointed by the King on the proposal of the Council of the Judiciary. Its headquarters are in Madrid.

 

National Audience

 

In the hierarchy of the Spanish justice system falls below the Supreme Court. It has headquarters in Madrid. It consists of the following facilities: criminal, as well as administrative disputes, social welfare and appeal.

 

Among other things known crimes against the Crown, in connection with drug trafficking, produced abroad or the accusations made against their own judges.




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