Supreme Court of Spain
|Supreme Court of Spain|
|Location||Convent of the Salesas Reales, Madrid|
|Composition method||Appointed by Monarch on selection by the General Council of the Judicial Power|
|Authorized by||Constitution of Spain|
|Judge term length||Appointed for life until retired at 70|
|Number of positions||74 (may change by Act of Parliament)|
|Website||Portal del Tribunal Supremo|
|President of the Supreme Court|
|Currently||Gonzalo Moliner Tamborero|
The Supreme Court of Spain (Spanish: Tribunal Supremo) is the highest court in Spain for all matters not pertaining to the Spanish Constitution. The court which meets in the Convent of the Salesas Reales in Madrid, consists of a president and an indeterminate number of magistrates appointed to the five chambers of the court.
Powers of The Supreme Court of Spain
The Supreme Court is the tribunal of last resort which can provide finality in all legal issues. It can exercise original jurisdiction over matters of great importance, but usually functions as an Appellate court which is able to investigate procedural irregularities arising from actions in the National courts or Provincial courts and can order ordinary and extraordinary remedies against decisions of lower courts according to the provisions of The Law of Spain.
The Supreme Court is responsible for processing substantial complaints of wrongdoing against prominent persons such as government ministers, assembly of senators general assembly of representatives and members of the various regional parliaments, senior judges, including the President and judges of the Constitutional Court (the highest tribunal in the Kingdom)
It also processes formal applications by the Procurator (public prosecutor) to outlaw political parties,
Generally there is no avenue of appeal against a Supreme Court decision, although in criminal matters, the Crown may exercise the prerogative of mercy to invalidate sentences imposed or ratified by the Supreme Court, although constitutionally such appeals are resolved by the Council of Ministers and then formalized by the monarch as head of state.
Supreme Court decisions can exceptionally be overruled by the Constitutional Court where there has been an infringement of rights and freedoms of citizens which are embodied in the Spanish Constitution of 1978 or by decisions emanating from the European Court of Human Rights because Spain is a signatory to the European Convention on Human Rights
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politics and government of
- The legislature formulates laws,
- The executive (actually the Cabinet of the Ministers of State led by the President of the Government), first propose laws and regulations and also enforce those actions that the legislature endorses via administrative orders which can be reinforced by police action or armed force.
- The Supreme Court provides remedies where that enforcement is found to be unjust or disproportional against the standard set by either Law of Spain as defined by the legislature or the Constitution or Human Rights provisions currently in force
To ensure its independence, the Supreme Court has the prerogative of enforceability of their actions under the principle of obedience to final judicial decisions enshrined in the Constitution, in conjunction with the fact that most of the resolutions of The Supreme Court are reliable because they are solutions to appeal against the considered decisions of lower courts.
The Supreme Court is the only entity that can order the detention of members of the its own judiciary, the legislature or executive authorities and then impeach them according to the additional civil and criminal obligations which, by law, they must discharge diligently in the performance of their official duties.
Peer review is provided by the Supreme Judicial Council, which is a panel of senior Supreme Court judges that monitors the Supreme Court practice and operation, although the decisions of this Council are advisory, and may be annulled by due process in a Supreme Court action.
Organization of The Supreme Court of Spain
The Supreme Court is divided into 5 chambers, each dealing with a specific areas of the Law of Spain which may affect ordinary citizens, and four special chambers dealing with State related issues.
- Sala Primera Civil Law
- Sala Segunda Criminal Law
- Sala Tercera Contentious-Administrative Action (Similar to Judicial Review or a Tribunal of Inquiry)
- Sala Cuarta Social Law
- Sala Quinta Military Law
- The Special unnamed Chamber of Article #61 of the General law (Ley Orgánica) of the Judiciary deals with process of outlawing political parties, the investigation and correction of judicial error on reporting and accountability in the exercise of judicial functions and other legal processes of particular importance. The tribunal is composed of the Chief Justice sitting with the serving Presidents of the five Chambers, and one independent senior judge.
- The Board of Conflicts of Jurisdiction resolves conflicts of jurisdiction arising between members of different judicial branches - for example overlaps or lacunas between different courts or where claims or denials of competence by different chambers are incompatible. The Chief Justice and one Judge drawn of each of the Boards supervising jurisdictions where conflict has arisen.
- The Board of Jurisdictional Disputes resolves conflicts and deficiencies arising between the ordinary civil courts and organs of military justice. The Chief Justice, two Judges of the Board for the relevant civil court (within the ordinary civil jurisdictional competence of Salas 1-4) plus two judges from the Military chamber (Sala Quinta).
- The Court of Jurisdictional Disputes resolves conflicts and deficiencies arising between the jurisdictional responsibilities of a civil court, the Courts Martial or Administrative courts. It is composed of the Chief Justice, two Judges of the Sala Tercera, and three permanent directors of the Spanish Council of State.
In subordination to the Supreme Judicial Council, the Supreme Court's governing bodies are responsible for hearing and resolving administrative function issues which may arise:
- The Office of The Chief Justice (Presidente del Tribunal Supremo).
- The Administration Division of the Supreme Court, comprising the Chief Justice, the Presidents of each of its divisions and a number of additional judges specified by The Spanish General Law of Judicial Power.
- The Office of Chief Justice (Presidente del Tribunal Supremo),
- The Technical Documentation and Information service
- The Department of Archives, Library and Information,
- The Department of Computer Science
- An external relations unit that maintains a General Register of external administrative and technical specialist services that may provide expert assistance.
List of Presidents of the Supreme Court of Spain
- Judiciary of Spain
- Constitutional Court of Spain
- Audiencia Nacional of Spain
- Regional High Courts
- Regional Courts of Justice