Prosecution Ministry
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Prosecution Ministry
The Prosecution Ministry (''Spanish: Ministerio Fiscal'') is a constitutional body ( Part VIbr>§ 124 integrated into the Judiciary of Spain, but with full autonomy. It is entrusted with defending the rule of law, the rights of the citizens, and public interest, as well as watching over the independence of the courts of justice. The requirements to enter into a career of prosecution are a public exam that can only be taken by those with a law degree who meet the required capacity requirements (EOMF § 42). The exam for admission to the judicial and prosecution careers are connected, so that anyone who passes the tests must proceed to the entry position of their chosen career. Those who choose prosecution must complete a training course at the Center for Legal Studies, after which they become a prosecutor by swearing the corresponding oath and taking possession of their jurisdiction (EOMF § 45). Functions To accomplish their mission as stated by the Constitution, the Prosecutio ...
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Paseo De La Castellana
Paseo de la Castellana, commonly known as La Castellana, is a major thoroughfare in Madrid, Spain. Cutting across the city from South to North, it has been described as the "true structuring axis" of the city. History and description The street was formerly a thalweg partially along which the Arroyo de la Castellana flowed towards its emptying in the Abroñigal. The ''Fuente Castellana'', which was the main source of the Arroyo de la Castellana and, according to Cervantes, a spring with "extremely cold waters", was located near the current day plaza de Emilio Castelar. The waterstream, formerly used as dump, was channeled in 1807. The first stretch of the street (from the Gate of Recoletos to the Fuente Castellana) was built following the western (right) bank of the stream; the works started in early 1833, and inaugurated in October 1833, it was named ''Paseo de las Delicias de la Princesa'' and ''Paseo de las Delicias de Isabel II'' after Princess/Queen Isabella, although it ...
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Constitutional Court Of Spain
The Constitutional Court ( es, Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX (sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (Law of the Constitutional Court of 3 October 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters. Powers The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies, or the Sena ...
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Francoist Spain
Francoist Spain ( es, España franquista), or the Francoist dictatorship (), was the period of Spanish history between 1939 and 1975, when Francisco Franco ruled Spain after the Spanish Civil War with the title . After his death in 1975, Spain transitioned into a democracy. During this time period, Spain was officially known as the Spanish State (). The nature of the regime evolved and changed during its existence. Months after the start of the Spanish Civil War in July 1936, Franco emerged as the dominant rebel military leader and was proclaimed head of state on 1 October 1936, ruling a dictatorship over the territory controlled by the Nationalist faction. The 1937 Unification Decree, which merged all parties supporting the rebel side, led to Nationalist Spain becoming a single-party regime under the FET y de las JONS. The end of the war in 1939 brought the extension of the Franco rule to the whole country and the exile of Republican institutions. The Francoist dictatorshi ...
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Maria Christina Of The Two Sicilies
Maria Christina of the Two Sicilies ( it, Maria Cristina Ferdinanda di Borbone, Principessa delle Due Sicilie, es, link=no, María Cristina de Borbón, Princesa de las Dos Sicilias; 27 April 1806 – 22 August 1878) was Queen of Spain from 1829 to 1833 and regent of the Kingdom from 1833 to 1840. By virtue of her marriage to King Ferdinand VII of Spain, she became a central character in Spanish history for nearly 50 years. Early life Born in Palermo, Sicily on 27 April 1806, she was the daughter of King Francis I of the Two Sicilies by his second wife, Maria Isabella of Spain. Queen of Spain On 27 May 1829, Maria Josepha Amalia of Saxony, the third wife of King Ferdinand VII of Spain, died. Ferdinand VII, old and ill, had not sired a male heir, sparking a succession duel between the Infanta Maria Francisca and the Infante Carlos, and the Infanta Luisa Carlotta and the Infante Francisco de Paula. Ferdinand VII declared his intention to marry and assembled the Council of Cast ...
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Judicial Disqualification
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned. Recusal in the United States In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge", provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned". The section ...
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General Council Of The Judiciary
The General Council of the Judiciary ( es, Consejo General del Poder Judicial, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court. Constitutional nature The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the CGPJ that they will be chosen between the most renowned jurists. It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate. Both case requires a majority of three fourths of the members of every Chamber to be elected member of the CGP ...
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Spain
, image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , image_map = , map_caption = , image_map2 = , capital = Madrid , coordinates = , largest_city = Madrid , languages_type = Official language , languages = Spanish , ethnic_groups = , ethnic_groups_year = , ethnic_groups_ref = , religion = , religion_ref = , religion_year = 2020 , demonym = , government_type = Unitary  parliamentary constitutional monarchy , leader_title1 = Monarch , leader_name1 = Felipe VI , leader_title2 = Prime Minister , leader_name2 = Pedro Sánchez , legislature = C ...
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Attorney General Of Spain
The Attorney General of the State ''(')'', or also, Prosecutor General, is the head of the Prosecution Ministry (''Ministerio Fiscal''), the body with functional autonomy in the Judiciary, that has constitutionally been entrusted with the promotion of the action of the justice in defense of the legality, protecting citizens rights and the public interest, and ensuring the independence of the courts and to seek the satisfaction of the social interest. The Attorney General is appointed and dismissed by the King, at the proposal of the Government, after hearing the General Council of the Judiciary. The candidate also needs to appear before the Congress to evaluate its suitability but it does not need its approval. Therefore, for its appointment it needs the participation of the three powers of State. The candidate must be a Spanish jurists of recognized prestige and with more than fifteen years of effective exercise of their profession. The term of the Attorney General is 4 years and ...
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National Court Of Spain
The Audiencia Nacional (; en, National Court) is a centralised court in Spain with jurisdiction over all of the Spanish territory. It is specialised in a certain scope of delinquency, having original jurisdiction over major crimes such as those committed against the Crown and its members, terrorism, forgery of currency, credit and debit cards and checks, some trade crimes committed in more than one region and over drug trafficking, food frauds and medical frauds committed in a nationwide level as well as over international crimes which come under the competence of Spanish courts.LOPJ § 65. It has also appellate jurisdiction over the cases of the Criminal Chamber of the National CourtLOPJ § 64. The Audiencia Nacional was created in 1977 at the same time as the Public Order Court (''Tribunal de Orden Público''), an exceptional court created in Francoist Spain, ceased to exist. Most of the rulings of the National Court can ultimately be appealed before the Supreme Court ('' ...
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Supreme Court Of Spain
The Supreme Court ('', TS'') is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court and of the General Council of the Judiciary, the Vice President of the Supreme Court, the Chairpersons of the Chambers and an undetermined number of Magistrates. Each Magistrate of the Supreme Court is nominated by the General Council of the Judici ...
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International Treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in s ...
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International Laws
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mut ...
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