Spanish Court Hierarchy and Types of Courts

Hierarchy of Spanish Courts

The following sections describe the hierarchy of courts in Spain and the main characteristics of each court type.

Justices of the Peace

Justices of the Peace (Jueces de Paz) have the following attributes:

• Minimum age: 18 years.
• Must know how to write.
• Can resolve small local issues and handle certain administrative formalities.
• Keep civil registration books (marriages, births, deaths, divorces).
• Are usually chosen by the municipal council and frequently found in villages.
• Exist in every municipality where there is no Court of First Instance and Instruction.
• They are not professional judges and are elected for four-year terms.

Courts of First Instance and Instruction

Courts of First Instance and Instruction (Juzgados de Primera Instancia e Instrucción):

• Judges must be law graduates.
• These courts exist in locations with large populations.
• Instruction refers to initiating and investigating a criminal procedure.
• Instance (primarily First Instance) covers civil matters relating to people.
• The document that initiates criminal cases is called a complaint. Complaints and omissions that constitute crimes are punishable by law.
• Ignorance of the law is no excuse.
• Crimes are prosecuted either ex officio (by the state) or upon request (when requested by an interested party).
• These courts operate within a judicial district, with a designated judicial head or seat.

Courts of Administrative Litigation, Social and Prison Supervision

Courts of Administrative Litigation handle disputes against the Administration (the State).

Social (labor) courts resolve employment and social security issues.

Prison supervision courts ensure that sentences and conditions of detention continue to meet legal requirements and protect prisoners' rights.

Provincial Courts

Provincial Courts (Audiencias Provinciales) resolve appeals and contested matters that were tried in the Courts of First Instance. They are based in the capital of each province and extend their jurisdiction to the province's territory.

Certain serious crimes such as narco-trafficking, terrorism and serious currency offenses are directed to higher national courts (for example, the Audiencia Nacional or other high courts depending on jurisdictional rules).

High Courts of Justice

High Courts of Justice (Tribunales Superiores de Justicia) are the highest courts for each autonomous community and have jurisdiction over the territory of those communities. They consist of the same types of chambers (civil, criminal, administrative, and social) as higher national courts.

Audiencia Nacional

The Audiencia Nacional, headquartered in Madrid, has national jurisdiction across Spain for certain matters. It is organized into chambers such as criminal, administrative-litigation, and social chambers to handle specialized national cases.

Supreme Court

The Supreme Court (Tribunal Supremo) is the highest judicial body in Spain for all judicial matters, with the notable exception of constitutional issues (which are dealt with by the Constitutional Court).

Appeals to the Supreme Court are generally limited to:

• Matters of law where it is alleged that the law has been applied incorrectly.
• Procedural errors or defects in form where significant procedural steps were skipped.

When an appeal (recurso de casación or analogous remedies) is lodged and accepted, the Supreme Court’s decision can set binding precedent for lower courts and clarify the proper application of the law.