Spanish Judicial System: Office, Counsel, and Police

The Judicial Office

The Judicial Office is the administrative structure that supports judges and courts in their daily work. It is regulated by the Organic Act of Judicial Power (LOPJ) and was created to improve the organization and efficiency of justice. Its main objective is to assist judges and magistrates in exercising jurisdiction. The Judicial Office is directed by the Counsel of Justice Administration (CJA), formerly known as the Judicial Clerk. Its work is based on three core principles:

• Hierarchy
• Division of functions
• Coordination

There are two main types of services within the Judicial Office. First, the Direct Court Support Services, which provide direct assistance to judges in procedural tasks. Second, the Centralized Court Services, which provide common services for several courts, such as notifications, registration of cases, and management of documents.

Counsel of Justice Administration (CJA)

The Counsel of Justice Administration depends on the Ministry of Justice and has a mixed status because it shares characteristics of both judges and civil servants. The CJA performs important procedural and organizational functions. They manage the Judicial Office, certify judicial acts with public faith, organize and promote proceedings, ensure the proper development of procedures, and manage official judicial documentation. Regarding their principles of action, the CJA must act with legality and impartiality. In certification functions, they enjoy autonomy and independence, while in other administrative functions, they are subject to hierarchical dependency.

Judicial (Criminal) Police

The Judicial Police assists judges, courts, and prosecutors in criminal investigations. It is not a completely separate police body, but rather a function exercised by specialized police units. Its legal basis is found in Article 126 of the Spanish Constitution and the LOPJ. The Judicial Police has a double dependency:

• Functionally: It depends on judges, courts, and the Public Prosecutor’s Office during investigations.
• Organically and administratively: It depends on normal public administrations and police authorities.

Its main functions include investigating crimes, identifying and arresting offenders, executing judicial orders, and assisting judicial authorities. Spain organizes the Judicial Police through units integrated into existing police forces, such as the National Police and the Civil Guard.