Spanish Judicial System: Unity and Exclusivity Principles

Principle of Jurisdictional Unity (Art. 117.5)

The Principle of Jurisdictional Unity is a fundamental basis of the State's legal system, regulated in Article 3 of the Organic Law of the Judiciary (LOPJ), where it is of great importance. It is defined in opposition to the establishment of special courts, which were characteristic of the Ancien Régime.

Judicial power rests exclusively with the courts, exercised by members of the judiciary. This implies the absence of special courts whose members are not part of the judiciary and are therefore not subject to its specific legal status or, in some cases, the principle of independence.

Special Jurisdictions and Constitutional Provisions

Article 117.5 of the Spanish Constitution establishes jurisdictional unity, but not in an absolute way, as it provides for the coexistence of certain special courts through express constitutional provisions:

• Military Jurisdiction: It has jurisdiction strictly within the military field.
• Constitutional Court (TC): It has jurisdiction over specific constitutional matters and functions as an independent body.
• Court of Auditors (Art. 136 EC): It performs its functions within its scope but is not part of the integrity of the judiciary.
• Traditional and Customary Courts (Art. 125): Such as the Tribunal de las Aguas de Valencia, which operates in a specific area and is not part of the general judiciary.

The basis of the principle of jurisdictional unity is found in the principles of judicial independence and submission to the law. This means that each court, when performing its functions, possesses indivisible jurisdictional authority; judicial power is unique.

Statement of Judicial Exclusivity (Art. 117.3)

The principle of exclusivity can be understood in two distinct ways:

Positive Aspect of Exclusivity

The courts perform the function of judging and executing judgments. This judicial function applies to the entire process, ensuring no other power or citizen can carry out these functions. This positive consecration does not conflict with the coexistence of other methods like arbitration. Although arbitration awards are binding, arbitrators do not have the power to execute judgments; parties must go to court to ensure compliance with an award.

Negative Aspect of Exclusivity

This means that courts can only perform the judicial function and other functions uniquely assigned to them by law (Art. 117.4). In the current legal system, courts are recognized for the following additional functions:

1. Civil Registry: According to Art. 86 of the LOPJ.
2. Voluntary Jurisdiction: Matters previously under the LEC of 1811.
3. Criminal Investigation: As per Art. 259 of the Criminal Procedure Law (LECr).
4. Ancillary Functions: Participation in electoral boards.