Judicial Oversight & Non-Judicial Court Functions in Spain

Court Inspections: CGPJ & Judicial Oversight

Court inspections can be performed automatically by the CGPJ (Consejo General del Poder Judicial) itself or at the request of the Ministry of Justice. Therefore, the CGPJ is responsible for the higher inspection and supervision of all courts. This is in addition to regular gubernatorial inspections carried out continuously by executive bodies, namely:

• The President of the TS (Tribunal Supremo)
• The Presidents of the Supreme Court and Provincial Courts (Audiencias Provinciales - PA)
• The Presidents of Chambers and Sections
• Judges regarding their own courts

The inspection must be carried out by a judge or magistrate of a grade lower than that of the head of the inspected body. All court personnel and partners must provide assistance to the Inspector, who may examine records and gather information to accurately assess the functioning of the judiciary. The inspector will prepare a report, document the inspection, and notify the judge or the President of the inspected body, who may then make comments as appropriate.

Non-Judicial Functions of Courts & Tribunals

Just as Article 117.3 of the Constitution provides for the principle of exclusive jurisdiction in a positive sense, Article 117.4 establishes this principle in a negative sense: "The courts and tribunals shall not exercise functions other than those mentioned in the previous paragraph and those expressly allocated to them by law to guarantee any rights." This constitutional prohibition, which reinforces the separation of powers in our Basic Law, denies judges the exercise of functions other than judicial ones, especially legislative and policy-making functions. Judges, while in active service, are forbidden from holding public office or belonging to political parties and trade unions. The LOPJ (Organic Law of the Judicial Power) reiterates this general prohibition, stating that "the courts shall not exercise functions other than those mentioned above (i.e., judicial power), those related to the civil registry, and others expressly allocated to them by law to guarantee any right."