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The Supreme Court ('', TS'') is the
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in the
Kingdom of 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") , ...
. 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 In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate
appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
over all cases. The Court has the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, 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 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 ...
and appointed by the
Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
for a lifetime tenure up to the age of 70, when they must retire (unless they ask for a 2-year extension). The Court meets in the Convent of the Salesas Reales in
Madrid Madrid ( , ) is the capital and most populous city of Spain. The city has almost 3.4 million inhabitants and a metropolitan area population of approximately 6.7 million. It is the second-largest city in the European Union (EU), and ...
. The security of the buildings and personnel of the Supreme Court is entrusted to the Supreme Court Special Commissariat, a unit of the National Police Corps.


Powers

The Supreme Court is the court of last resort and can provide finality in all legal issues. It can exercise original jurisdiction over matters of great importance but usually functions as an
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
able to investigate procedural irregularities arising from actions in the national courts or Provincial courts. It can order ordinary and extraordinary remedies against decisions of lower courts according to the provisions of
Spanish law The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristi ...
. The Supreme Court is responsible for processing substantial complaints of wrongdoing against prominent persons such as
government ministers A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ...
, senators representatives and members of the various regional parliaments, senior
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
, including the President and judges of the Constitutional Court, the highest tribunal in the country – regarding constitutional matters –. 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, constitutionally, such appeals are resolved by the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...
and then formalized by the monarch, as head of state. Supreme Court decisions may, exceptionally, be overruled by the Constitutional Court if there has been an infringement of rights and freedoms of citizens embodied in the
Spanish Constitution of 1978 The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
– articles 14 to 29 and 30.2, regarding ''Fundamental Rights''– or by decisions emanating from the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
since Spain is a signatory to the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
.


Constitutional Status

The Supreme Court is the head one of the three branches of the Spanish government, alongside the legislature and the
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
* The legislature formulates laws, * The executive (actually the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...
led by the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
), proposes laws and regulations and enforces those actions that the legislature endorses via administrative orders which can be reinforced by police action or
armed force A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. * The Supreme Court and the rest of national judicial institutions provide remedies where that enforcement is found to be unjust or disproportional against the standard set by either law, as defined by the legislature or the
Spanish Constitution of 1978 The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
or the
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
provisions currently in force To ensure its independence, the Supreme Court has the prerogative to enforce its actions under the principle of obedience to final judicial decisions enshrined in the Constitution. Also, most of its resolutions are reliable since 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 its own judiciary or the legislature or executive authorities and then impeach them according to the additional civil and
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
obligations, which, by law, it must discharge diligently in the performance of their official duties.
Peer review Peer review is the evaluation of work by one or more people with similar competencies as the producers of the work ( peers). It functions as a form of self-regulation by qualified members of a profession within the relevant field. Peer revie ...
is provided by the
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 ...
, a panel of senior Supreme Court judges that
monitors Monitor or monitor may refer to: Places * Monitor, Alberta * Monitor, Indiana, town in the United States * Monitor, Kentucky * Monitor, Oregon, unincorporated community in the United States * Monitor, Washington * Monitor, Logan County, West ...
the Supreme Court practice and operation, but the decisions of this Council are advisory and may be annulled by
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
in a Supreme Court action.


Composition


Size of the court

Neither the Constitution of 1812 or the current
Spanish Constitution The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
specify the number of justices. The Supreme Court of Justice Act of 1814 established a high court consisting of 16 "ministers" distributed in three chambers. This act hardly took effect due to the restoration of absolutism in 1814, although it was in force between 1820 and 1823. In 1834, it was restored with the name of Supreme Court of Spain and Indies and it was established the same composition. In 1864, the Court was divided into two chambers and the number of magistrates grows up to 25. In 1868, it was created the Third Chamber to know the issues related to the public administrations (administrative law). In 1870 the number of magistrates grow again to 33 distributed in four chambers; one for civil cases, two for criminal cases and one for administrative cases. Between 1875 and 1904 the administrative jurisdiction was transferred to the Council of State. In 1931, the
Republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
divided the Court into six chambers: First Chamber for Civil Law, Second Chamber of Criminal Law, Third and Fourth Chambers for Administrative Law, Fifth Chamber for Laboral Law and Sixth Chamber for Military Law, and the number of magistrates was up to 40. In the current democratic period, the Court is divided into five chambers and neither the Constitution or the Organic Judiciary Act specifies the number of magistrates. According to 2017 data, the Court was composed by 79 magistrates.


Nomination and appointment

The Constitution does not regulate the form of appointment of the magistrates although it does regulate the procedure of appointment of the President of the Court. According to Section 123, the President is nominated by the
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 ...
and appointed by the
Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
. The Judiciary Organic Act of 1985 copy this procedure of appointment but specifies that the Royal Decree must be countersigned by the Minister of Justice. To be a candidate for Magistrate of the Supreme Court the law establishes two options: * Justices from the category of Magistrate, with at least ten years in the category of Magistrate and fifteen in the judicial career. * Legal experts of recognized prestige and with fifteen years of a legal career.


Military members of the Fifth Chamber

The Organic Law on the military jurisdiction provides that halve of the members of the Fifth chamber will be selected from general officers of the Military Legal Corps. These members are appointed by the General council of the judiciary from a list proposed by the Ministry of Defence. Upon nomination to the Supreme Court, military members are retired from the armed forces and will act only on the capacity of Supreme Court Justices.


Tenure

The tenure of the Magistrates of the Supreme Court is regulated in Section 386 of the Judiciary Organic Act and it establishes a life tenure. However, the law also established that the magistrates must retire at the age of 70. However, the law allows the magistrates to ask the General Council of the Judiciary an extension of their tenure until the age of 72. The Magistrates can freely retire since the age of 65. Outside of these cases, magistrates shall be forcedly retired when there is a permanent disability for the exercise of their functions. The forced retire can be requested by the
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, an ...
or the magistrate itself to the Governing Council of the Supreme Court or to the Governing Council of a specific chamber. After this, the Governing Council shall send the request to the GCJ and the Council shall approve the retire.


Organization


Chambers

The Supreme Court is divided into five ordinary chambers, each dealing with a specific areas of Spanish law that may affect ordinary citizens, and four special chambers dealing with state issues. The five ordinary chambers are: * First Chamber, for Civil Law ** The President of the First Chamber is Francisco Marín Castán * Second Chamber, for
Criminal Law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
** The President of the Second Chamber is Manuel Marchena Gómez * Third Chamber, for Contentious-Administrative Law ** The President of the Third Chamber is Luis María Díez-Picazo Giménez * Fourth Chamber, for
Labour Law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
** The President of the Fourth Chamber is Jesús Gullón Rodríguez * Fifth Chamber, for Military Law ** The President of the Fifth Chamber is Ángel Calderón Cerezo The four special chambers are: * Special Chamber under Article 61 of the Organic Law on the Judiciary ** Deals with the process of outlawing political parties, the investigation, and correction of a 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. * Court for Conflicts of Jurisdiction ** 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 Third Chamber, and three permanent directors of the Spanish Council of State. * Chamber for Conflicts of Jurisdiction ** 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 Chambers 1-4) plus two judges from the military chamber (Fifth Chamber). * Chamber for Conflicts of Competence ** Resolves conflicts of jurisdiction arising between members of different judicial branches such as overlaps or lacunas between different courts or where claims or denials of competence by different Chambers are incompatible. The Chief Justice and one Judge drew of each of the Boards supervising jurisdictions where conflict has arisen.


Governing bodies

In subordination to the
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 ...
, the Supreme Court's governing bodies are responsible for hearing and resolving administrative issues that 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.


Management bodies

* 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


See also

*
Judiciary of Spain The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain. Law The Spanish legal system is a civil law system based on co ...
* President of the Supreme Court of Spain * President of the Constitutional Court of Spain *
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 Spa ...
*
Audiencia Nacional 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 ...
* Regional High Courts * Regional Courts of Justice


References


External links


Court Notices (in Spanish)
{{Authority control *
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") , ...
Judiciary of Spain 1812 establishments in Spain Courts and tribunals established in 1812