SUPREME COURT OF SPAIN SUPREME COURT 1 Queen´s Courtyard at the Supreme Court. SUPREME Cover2 picture,COURT the Waiting Hall (Salón de Pasos Perdidos). SUPREME COURT 3 Welcome to the Supreme Court

ith jurisdiction throughout Spain, the Supreme Court is the uppermost tier Wof our judicial structure and the highest judicial body in all areas except for matters pertaining to constitutional safeguards. Without forgetting more distant historical precedents such as the Royal and Su- preme Council of Castile, established by the Catholic Monarchs, we can say with pride that our Supreme Court came to life as an aspiration of freedom and moder- nity in the Cádiz Constitution of 1812 (“There shall be a Court of Justice at the court which shall be called the Supreme Court of Justice”,Article 259). At a particularly diffi cult time for Spain, with Napoleon’s troops all over the country, the 1812 Constitution marked the reaffi rmation of national sovereignty and a renewed atmosphere of liberalism that was to spread throughout the outda- ted institutional structure of the time, with the Supreme Court playing a decisive role in its regeneration. Over the last 200 years the Supreme Court has risen up as a bastion in defence of freedom and is now the utmost guarantee for the defence of the rule of law from a jurisdictional perspective. Unlike many of the countries around us where there are ordinary and administrative jurisdictions, the Spanish Supreme Court is a single body as there is only one jurisdiction. In addition to the President and Vice-Presi- dent it is made up of the presidents of the fi ve Chambers and seventy-four judges, divided into fi ve chambers: the First, for Civil matters; the Second, for Criminal

SUPREME 4 COURT matters; the Third, for Contentious Administrative matters; the Fourth, for Labour matters; and the Fifth, for Military matters. The Supreme Court deals with a multitude of issues. For example, it is respon- sible for deciding on cassation appeals, appeals for judicial review and other ex- traordinary appeals, for proceedings against members of higher State bodies, for monitoring the legality of the acts and provisions of the General Council for the Judiciary and fi nally for proceedings concerning declarations outlawing political parties. However, Spain’s highest court takes on duties not shared with other judicial bodies, ensuring unity of interpretation in the legal system through case law, the refl ection of an unwavering endeavour to defend legality and achieve the legal sta- bility required by a country whose democracy has the highest standards of quality. In carrying out such a crucial mission, the Supreme Court bestows real and effec- tive legal protection on each and every one of the appeals it hears, offering concrete solutions to satisfy the general interest from a positive right perspective. Indeed, cassation appeal, as the main procedural means of access to the Supreme Court, has a distinctive personality in Spain, clearly defi ned by protection of the rights and interests of litigants (litigationis ius) but at the same time by the role of harmo- nising interpretation and application of the Law (ius constitutionis), which has ul- timately led to the identifi cation of a genuine “Spanish model of cassation appeal”. In addition, the Supreme Court can be seen as a driving force of extraordinary value in the legal system since its case law, far from being considered an untoucha- ble relic, evolves and acquires more streamlined and adaptable nuances as requi- red by society at any given time. Supreme Court judgments have an extraordinary impact and are of outstanding educational value, clarifying an important number of issues such as care and custody of children, criminal liability of legal persons, limits on the discretion of public authorities, comprehensive protection of the en- vironment or the ultimate defi nition of the social rights of workers. I invite you all to discover the Supreme Court of the Kingdom of Spain, where tradition and modernity, solemnity and proximity, experience and enthusiasm, past and present come together in an unbreakable bond to defi ne clearly the iden- tity of the Supreme Court in the 21st Century. On behalf of all of us who have the privilege of working in this magnifi cent building, the Palacio de las Salesas Reales, where the Supreme Court has been based since 1875, I welcome you. Carlos Lesmes Serrano President of the Supreme Court and the General Council of the Judiciary

SUPREME COURT 5 The Supreme Court

What is the Supreme Court?

he Supreme Court is based in Ma- The Supreme Court represents the Tdrid and is a unique jurisdictional highest tier of the appeals system body in Spain with jurisdiction throug- and as such is ultimately responsi- hout national territory, constituting ble for the unity of interpretation of the highest court in all areas (Civil, case law in Spain. Criminal, Contentious Administrative and Social), except for matters pertai- The Court’s powers include deci- ning to constitutional guarantees and ding cassation appeals, appeals for rights, for which the Constitutional judicial review and other extraor- Court has jurisdiction. dinary appeals, trying members of It was created in 1812 by the Cádiz Government, the Congress of De- Cortes, or Assembly, (Decree of the puties, the Senate and other higher Cortes of 17 April 1812) to exercise the State bodies and proceedings con- powers established by Article 261 of cerning declarations outlawing po- the Cádiz Constitution. litical parties.

“The Supreme Court, with jurisdiction throughout Spain, is the highest judicial body in all areas, except for matters pertaining to constitutional guarantees” (Article 123.1 of the Spanish Constitution).

SUPREME 6 COURT Vault of the offi cial chamber of the President of the Supreme Court, also known as “the Rotunda”, deco- rated with the depiction of “the necklace of Justice” by painter José Garnelo.

SUPREME COURT 7 SUPREME Plenary8 COURT Sessions courtroom. The Supreme Court

Composition of the Supreme Court

he Supreme Court is composed, The Supreme Court has two main Taccording to the Law on Judicial bodies to carry out its duties: the Tech- Bodies and Districts, of the President nical Offi ce and the Governing Cham- of the Supreme Court, who is also ber Registrar’s Offi ce. President of the General Council for •President of the Supreme Court the Judiciary, the Vice-President, the and the General Council for the Judi- Presidents of the fi ve Chambers and ciary: Carlos Lesmes Serrano seventy-four Justices. •Vice-President of the Supreme Court: Ángel Juanes Peces The rules on operation and alloca- tion of cases for the various Chambers •First Chamber (for Civil Matters): of the Court are approved annually President and 9 justices by the Governing Chamber. The Go- •Second Chamber (for Criminal verning Chamber is composed of the Matters): President and 14 justices President and Vice-President and the •Third Chamber (for Contentious Presidents of the fi ve Chambers, who Administrative Matters): President are ex offi cio members, and fi ve Jus- and 33 justices tices elected every fi ve years by their •Fourth Chamber (for Social Mat- peers. The Registrar of the Governing ters): President and 11 justices Chamber of the Supreme Court acts •Fifth Chamber (for Military Mat- as registrar for the sessions. ters): President and 7 justices

SUPREME COURT 9 History

History of the Supreme Court

lthough the earliest precedent 20 June 1812. The political instability Ais the Council of Castile created of the times caused the Court to be during the Reconquista, the founda- abolished and restored on several oc- tions for the current Supreme Court casions until 1834, since when it has were laid down by the Cádiz Cons- been operating without interruption. titution of 1812 which refl ected the After moving permanently to Ma- infl uence of French philosophers and drid, the Supreme Court, which at the latest theories of public law on or- one time was called Supreme Court ganising and balancing the branches of Spain and the Indies, was located of government. until 1875 at the Palacio de los Con- sejos (Palace of the Councils), which The declaration of the Commission currently houses the Council of State. responsible for drafting the constitu- tion explained the reason for its crea- That year it was transferred to the tion: “As the Constitution delegates Palacio de las Salesas, a former Royal the power to implement laws to the Salesian convent which had become Courts, for there to be a system it is state property in 1870 during the ec- essential to establish a central autho- clesiastical confi scations carried out by Finance Minister Pascual Madoz. rity which brings together all the branches of judicial power. A Supre- On 2 November 1875 the Supreme me Court of Justice is therefore esta- Court began operating at its current blished at the court to embody this location, which it shared until 1992 common centre”. with other Madrid judicial bodies such as the former Territorial Court. Once the Constitution was adopted, The Palacio de las Salesas was only the Supreme Court, under the name vacated for ten years for restoration Supreme Court of Justice, took up its after a fi re destroyed the building on fi rst seat at Tavira House in Cádiz, on 4 May 1915.

“Supreme Court of Justice and Supreme Court of Spain and the Indies are some of the names it has had over its history”

SUPREME 10 COURT SUPREME Civil Chamber courtroom. COURT 11 Main facade of the Supreme Court Palace from the Villa de París Square.

SUPREME 12 COURT SUPREME COURT 13 Judges

Judicial structure

ur Judicial Administration is Provincial Courts have jurisdiction Ostructured into levels or instan- within their respective provinces. The ces, in such a way that the decision of autonomous cities are incorporated in a judge or court can be appealed to a Section Six of the Court of Cádiz, loca- higher body. ted in Ceuta, and Section Eight of the Court of Málaga, located in Melilla, The uppermost tier of the system is respectively. the Supreme Court, which bears ulti- mate responsibility for the unity of in- At the provincial level Criminal terpretation of case law in Spain and, Courts, Courts for Contentious Ad- as we have seen, is the highest court in ministrative Matters, Social Courts, all areas. Prison Supervision Courts, Juvenile and Commercial Courts also operate, The National High Court also has ju- although in some cases the jurisdiction risdiction throughout national territory of these bodies may be limited to one to investigate and try terrorist offences, or more judicial districts or, on the con- organised crime, drug traffi cking and trary, extended to several provinces. economic crimes that cause serious Judicial districts, which include one damage to the economy. In addition, or more municipalities, are the sma- it has jurisdiction over contentious ad- llest territorial division in the Judi- ministrative and social matters. Its de- cial Administration. There are 431 cisions can only be appealed before the in Spain. In each of them there is at Supreme Court. least a Court of First Instance and High Courts of Justice exercise juris- Examining Magistrate’s Court and a diction within their respective Autono- Court with jurisdiction over Violence mous Community. In terms of judicial against Women. boundaries, the autonomous cities of Finally, in municipalities that are not Ceuta and Melilla lie within the opera- the seat of a judicial district there are tional area of the High Court of Justice Justice of the Peace Courts. There are of Andalusia, whose offi cial name is 7,687 in all of Spain, served by non-pro- the High Court of Justice of Andalusia, fessional judges who have very limited Ceuta and Melilla. powers in civil and criminal areas.

SUPREME 14 COURT Nacional jurisdiction Supreme Court National High Court

Regional jurisdiction High Courts of Justice

Provincial jurisdiction Provincial Courts Criminal Courts Social Courts Courts for Contentious Administrative Matters Juvenile and Commercial Courts Prison Supervision Courts

Local jurisdiction Court of First Instance an Examining Magistrate’s Court Court with jurisdiction over Violence against Women Justice of the Peace Courts

SUPREME COURT 15 Judges

What do judges do?

rticle 117.1 of the Spanish Cons- Family Courts - divorce, separation, Atitution establishes that justice care and custody of children, etc. “emanates from the people and is ad- ministered on behalf of the King by Criminal Judges: investigating and Judges who are members of the judi- punishing crimes ciary, are independent, irremovable, responsible and subject only to the Nearly seven out of ten cases ente- rule of law.” ring the courts are penal or criminal Their task is to resolve peacefully the in nature. The judges in this area of confl icts that occur in society: every jurisdiction apply Criminal Law to year millions of cases enter the Spa- protect the interests of citizens in the nish Courts - 8,376,311 in 2015 - and face of attacks on life, property, se- need to be given a response. Depen- xual freedom, privacy, etc. ding on the nature of the cases, they Examining Court judges conduct are assigned to judges in one area of the investigation of crimes which are jurisdiction or another. then tried by Provincial Courts (if they are punishable by over fi ve years Civil Judges: confl icts between indi- in prison), Criminal Courts (crimes viduals punishable by less than fi ve years) or the Examining Court judges themsel- Controversies of an economic natu- ves (they preside over hearings for re between private individuals, such minor crimes with penalties that do as disputes over inheritance, rent, ho- not entail custody or detention). meowner associations, etc., are heard Juvenile Courts, Courts for Violen- in the Courts of First Instance, which ce against Women, Criminal Enforce- also resolve matters relating to mort- ment Courts and Prison Supervision gages and claims over “fl oor clauses”. Courts also belong to the criminal Civil jurisdiction also covers Com- area of jurisdiction. The National mercial Courts, which decide on High Court specialises in investiga- company bankruptcies and lawsuits ting and trying terrorist offences, or- regarding unfair competition or in- ganised crime, drug traffi cking and tellectual property, for example, and economic crimes, among others.

SUPREME 16 COURT Judges for Contentious Administra- personal and family life with wor- tive Matters: lawsuits against public king life, such as reduced working authorities hours, leave of absence for child care or maternity or paternity leave. Contentious administrative juris- diction hears claims presented by ci- tizens or private companies against Military jurisdiction the actions of public authorities or appeals against their failure to act. In addition to these four areas of Cases heard in the Courts in this jurisdiction, military jurisdiction co- area of jurisdiction include those re- vers crimes and disciplinary viola- lating to immigration, traffi c viola- tions of a military nature committed tions, disruption of public services, by members of the Armed Forces. competitive public service examina- The Fifth Chamber of the Supreme tions, transfer selection processes, Court hears cassation appeals and environmental protection, urban appeals for judicial review against planning or challenges to decisions decisions passed by the Central Mi- made by the Tax Administration. litary Court and Regional Military Courts and appeals against discipli- Social Judges: confl icts between em- nary sanctions imposed by the Minis- ployers and workers try of Defence.

Social Courts resolve confl icts that And ... arise between companies and wor- kers on issues such as contracts, dis- Judges are involved in many other missals, sanctions or mobility. They aspects of the life of a society: they also intervene in certain disputes in- marry us, separate us or divorce us, volving trade unions or compliance register our children in the Civil Re- with collective agreements. gistry, certify deaths, take oaths from In addition, judges in this area de- people obtaining Spanish nationality cide on benefi ts for disability resul- and by means of Central, Provincial ting from work-related accidents or and District Electoral Boards, mo- illness, retirement pensions and con- nitor the fairness of every electoral fl icts over measures for reconciling process.

SUPREME COURT 17 SUPREME 18 COURT Judges

based violence

461n 29 Courts June 2005, pursuant to �ight to the For against judges to intervene gender- in these cases Oprovisions of the Organic Law on they must have knowledge of the facts, Comprehensive Protection Measures either from the complaint fi led by the against Gender-Based Violence, which victim or her family or through police had entered into force six months ear- or medical reports. From that moment lier, the fi rst 17 Courts for Violence the woman receives medical, psycho- against Women began to operate. logical and social care, the Police take Over a decade later, there are 106 statements from the victim and the judicial bodies dedicated exclusively alleged assailant and both are summo- to providing a rapid and effective res- ned before a judge within a maximum ponse for victims of abuse, along with of 72 hours. another 355 courts which also have ju- risdiction in this area. Judges can then take measures to protect both the victim - pre-trial de- In 2015 alone these courts issued tention, restraining order, protection 24,679 protection orders and delivered order, etc. - and minors involved in the 46,075 criminal judgments, of which case - child custody and maintenance, 62.7 percent were convictions. 129,193 use of the family home, etc. complaints of gender-based violence were fi led last year. The abuse hotline number is 016.

“In 2015 alone courts with jurisdiction in gender-based violence issued 24,679 protection orders”

SUPREME COURT 19 Judges

Jury Courts

n 23 May 1995 Organic Law The jurors return a verdict of guilty O5/1995 on Jury Courts was pu- or not guilty and then the professional blished, reintroducing into the Spa- judge will pass sentence and, where nish legal system the institution that appropriate, impose the applicable pe- enables citizens to participate in the nalty. At least seven of the jury’s nine Judicial Administration. votes are needed to return a guilty ver- dict, whereas a verdict of not guilty re- The jury was present during every quires only fi ve. period of freedom in Spanish history, as refl ected in the Cádiz Constitution Being a member of a Jury Court is a of 1812 and the Constitutions of 1837, right and also a duty, as there are esta- blished grounds for ineligibility or ex- 1869 and 1931. cusal. Any citizen who is not exempt The Jury Court consists of nine lay and is included in the list of candida- citizens - they cannot be judges or tes - selected from the electoral roll by prosecutors, Judicial Administration means of a draw held in every provin- offi cials, lawyers or university lectu- ce in the second half of September in rers in legal disciplines - and a presi- even-numbered years - may be called ding judge. upon to form part of a jury.

“For the jury to return a verdict of guilty at least seven of the jurors’ nine votes are needed”

SUPREME 20 COURT Which crimes are tried by Jury Courts? Article 1 of Organic Law 5/1995 states that the Jury Court is competent to try the crimes of murder, threats, failure to offer aid or assistance, breaking and entering, disloyalty in the cus- tody of documents, bribery, infl uence peddling, misappropria- tion of public funds, fraud and extortion and transactions pro- hibited to civil servants.

«Para que el jurado emita un veredicto de culpa- bilidad se necesitan los votos de al menos 7 de sus 9 miembros»

SUPREME COURT 21 Corridor at the Supreme Court. Judges

The Spanish Judiciary: 2,812 women and 2,554 men

ccording to the report on the Supreme Court, National High Court, ACareer Structure of the Judi- High Courts of Justice and Provincial ciary on 1 January 2016, there are Courts. 5,366 judges active in Spain. 2,812 of them are women, 52.4% of the total. In addition, female judges already make up more than half of the mem- The average age of Spanish judges bers of the Judiciary in ten of the 17 is 48.5 years, although it is lower for Autonomous Communities. The hig- women (45.9) than men (51.4). The fi - hest percentage of women is found in gures for length of service in the judi- the Basque Country, 60.2%. The ave- ciary show a similar trend. The avera- ge is 17.4 years, 15.1 years for women rage number of judges per 100,000 in- and 19.9 years for men. habitants in Spain is 11.5. Women are more prevalent in bo- As well as the 5,366 professional dies with a single judge, while in co- judges there are 8,000 justices of the llegiate bodies the situation is the op- peace who perform their duties in posite: men are in the majority in the smaller municipalities in Spain.

“Women make up 52.4% of the 5,366 judges in Spain”

SUPREME 22 COURT Judges

Governance of judges

he judges’ governing body is of the current mandate is transparen- Tthe General Council for the Ju- cy, both institutional -the Transpa- diciary (CGPJ). It is chaired by the rency Portal offers information about President of the Supreme Court and selection processes for government composed of twenty members elected posts and budget management and by Parliament, twelve of whom must much more- and in communication, be members of the Judiciary while the with the aim of bringing justice to the other eight are jurists whose expertise general public. is well established. Transparency policy also extends The Council’s mission is to protect, to judicial bodies, with the launch of preserve and guarantee the indepen- Transparency Portals for the 17 High dence of Spanish judges. The CGPJ Courts of Justice, the National High organises and manages the judiciary Court and the Supreme Court during -it appoints judges and undertakes 2016, with content of interest to citi- disciplinary measures- and, as a con- zens and Justice professionals such sultative body, issues reports on cer- as allocation rules or the agendas and decisions of Governing Chambers, as tain draft laws and regulations at the well as information of public relevan- request of the Government and Auto- ce such as schedules of programmed nomous Communities. hearings, duty court calendars or se- One of the fronts where the CGPJ lection procedures for vacancies for has worked most since the beginning pro tempore and substitute judges.

SUPREME COURT 23 Judges

What if I want to be a judge?

andidates to become judges must Law, two on Civil Law and two on Cri- Cpass competitive examinations minal Law. and complete a theoretical and practi- The last exercise of the examination cal course at the Judicial School, based also involves an oral presentation of in Barcelona. fi ve topics, although this time there are The examinations are organised by two on Civil Procedure Law, one on the Selection Committee made up of Criminal Procedure Law, one on Com- the General Council for the Judiciary, mercial Law and one on Administrati- the Ministry of Justice and the Sta- ve Law or Labour Law. te Prosecutor’s Offi ce, as they are the Finally, the candidates who pass this same for candidates for both judges fi rst stage - who cannot exceed the and prosecutors. The entry require- number of posts available - will choose ment is a degree in Law. to become a judge or a prosecutor and The fi rst stage is a written paper, those who wish to be judges will com- which is eliminatory. It is a multiple- plete a theoretical and practical course choice questionnaire with one hundred as students of the Judicial School in questions with four answers each, only Barcelona, after which they will choose one of which is correct. The questions their fi rst posting as judges. cover the following areas: Constitutio- Although this route is the most signi- nal Law, Civil Law, Criminal Law and fi cant in terms of numbers, the Orga- Procedural Law. nic Law of the Judiciary also regulates Candidates who pass the written access to the judiciary at the grade of paper -this year 1,101 passed out of senior judge or Supreme Court justice the 3,895 who applied for 65 posts for jurists whose expertise is well esta- available for judges and 35 for prose- blished. Those who wish to join at the cutors - go on to the second part of the grade of senior judge must also com- examination. plete a selection process consisting of In this exercise, which is also elimi- several exercises and a training course natory, candidates must make an oral at the Judicial School. presentation to a panel on fi ve topics All necessary information on com- drawn at random from the following petitive examinations is available at subject areas: one on Constitutional www.poderjudicial.es

SUPREME 24 COURT SUPREME Detail of the Plenary Sessions courtroom at the Supreme Court. COURT 25 SUPREME 26 COURT Ceremonial staircase seen from the Plenary Sessions courtroom. The frescoes surroun- ding the stained glass window of the ceiling were painted by Enrique Simonet.

SUPREME COURT 27 General Council for the Judiciary Calle del Marqués de la Ensenada, 8. 28004 Madrid Supreme Court Plaza de la Villa de París, 1. 28004 Madrid Text and design: Press Offi ce of the Supreme Court and of the General Council for the Judiciary SUPREME 28 COURT www.poderjudicial.es/ @PoderJudicial