Understanding the Spanish Judicial System Structure

Peace Courts

These courts are established in all municipalities where there are no judges of 1st instance and instruction. They are presided over by a lay judge, as a law degree is not required. They serve a term of 4 years. When a vacancy occurs within a city, the City Council selects a nominee and sends that nomination to the court of 1st instance of the judicial district, which then forwards it to the government chamber of the Supreme Court for the official appointment. They are compensated for their work and are permitted to perform professional or commercial activities. They handle civil small claims, manage the Civil Registry, and address specific criminal offenses attributed to them by law.

1st Instance and Instruction Courts

These courts are typically separated and located in the judicial capital, where there may be one or more. Their competencies include:

1st Instance Courts

They handle all judgments not assigned to other courts, voluntary jurisdiction, appeals against decisions of justices of the peace, competence issues between justices of the peace within the judicial district, the execution of foreign judgments, and arbitral awards. They also manage the Civil Registry of their municipality.

Instruction Courts

They possess knowledge of offenses not attributed to justices of the peace, conduct investigations for cases to be sentenced by criminal courts, the Provincial Court, and the Court of the Jury. They also handle sentencing of conformity, habeas corpus proceedings, appeals against decisions of magistrates in the criminal field, and resolve competence issues between two justices of the peace regarding criminal jurisdiction.

Government Facilities

• Composition: Found in the TS (Supreme Court), the National Assembly, and the Supreme Court. The composition of the TS and AN includes the presiding judge, the board chairmen, and a number of magistrates equal to the aforementioned.
• Features: These are managing bodies for the courts beneath them (art. 152). They approve distribution rules, set judicial shifts, oversee training, exercise disciplinary powers, appoint justices of the peace, manage temporary supply arrangements, and receive oaths or affirmations from judges.
• Operation: They act as administrative bodies. They operate in full or through commissions, and their decisions are called agreements. A secretary manages all documentation.

Standing and Specialized Commissions

• Standing Committee: Operates daily with 5 members (3 from the judicial commission and 2 lawyers).
• Disciplinary Commission: Identical composition; handles disciplinary records.
• Qualification Commission: Identical composition; manages reports on appointments and promotions.
• Commission of Studies and Reports: Conducts legal studies and reports.
• Budget Commission: Manages the council's budget.