Its role is to ensure compliance with the law by institutions and citizens. Citizens can go to the courts of justice to obtain protection of their rights, they are the last guarantee of them. These functions are performed by applying the law to each specific case. They guarantee the execution of their sentences. These functions are performed independently and impartially.
It is a unique and exclusive power of the State for the entire national territory. It is currently complemented by other international courts such as the Strasbourg Court of Human Rights or the European Union Court for EU-specific issues or the Hague Court for International Disputes.
The judiciary consists of three types of organs:
- The General Council of the Judiciary: Its function is to guarantee the independence of the judiciary from the other powers of the state and in front of everyone. It is the governing body of the Judges. It governs and manages the courts and tribunals. The rules regulate in detail how to perform these government functions to ensure their impartiality.
The General Council of the Judiciary has 21 members. They are prestigious judges or jurists. The Cortes Generales propose the appointment of 20 of its members in order to do so, they need a specially strengthened majority. These members are appointed by the King. Its president is the President of the Supreme Court. The term of office of its members is 5 years. The appointment of its members by the Cortes Generales guarantees its democratic legitimacy. They act independently.
- The Courts: they are responsible for applying the laws to specific situations and conflicts. Its headlines are the judges, they are responsible for resolving conflicts, applying the law and guaranteeing the rights of all. They are governed by special rules, which limit some of their rights to ensure their independence and impartiality vis-à-vis all in the exercise of their functions.
They are organized as follows:- Specialized by subjects in different judicial orders.
- Distributed throughout the national territory, with a specific territorial competence - some over the entire territory of Spain and others only over a part of it.
- Organized in different levels or instances. In this way the cases can be reviewed by the higher courts in some cases. The Supreme Court is the Superior and exercises its powers over the entire national territory.
- The Administration of Justice: They are administrative bodies that support judges in the exercise of their functions. They help them to manage the files, files, notifications, among others. They depend on the Ministry of Justice. Some Autonomous Communities (regions) have assumed competences in the field of the administration of justice and manage them in their territory.
How is the division of powers reflected?
- The judiciary is independent of the legislative and executive branches.
- The Judicial Power applies laws approved by the General Courts.
- It guarantees compliance with these laws to all institutions and citizens.
- The General Courts approve the budget of the judiciary.
- The executive is responsible for the administration of justice.
