Chapter 24

Spain

Almudena Arpón de Mendívil

Almudena Arpón de Mendívil

Gómez-Acebo & Pombo, Spain

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Juan José Marín López

Juan José Marín López

Gómez-Acebo & Pombo, Spain

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First published: 16 January 2013

Summary

The Spanish Constitution of 1978 provides the framework for the Spanish legal system, and the Organic Law of the Judicial Power contains that country's fundamental laws. As described in the Constitution, the General Council of the Judiciary is the sole group controlling the Judicial System. The Council is composed of 12 judges and 8 lawyers and other established legal professionals. Spain is divided into several levels of geographical judicial areas. These areas, from smallest to largest, are municipalities, judicial districts, provinces, and autonomous communities. Municipalities only have courts of the peace, judicial districts have courts of first instance, provinces have provincial courts, and autonomous communities have a high court of justice. Spanish courts are also organized by subject matter. Civil and commercial issues are addressed in civil courts, criminal offenses are heard in criminal courts, social security and employment issues are heard in social courts, and the administrative court is used for public administrative issues.

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