LESSON 2

Question 1

Tribunals and Courts (definition)

Answer 1

Tribunals and Courts are bodies that perform jurisdictional functions, both in passing and executing judgments.

Question 2

Name the characteristics of the judges that compose these courts

Answer 2

• unmovable
• independent
• impartial
• liable
• bound to the Constitution and to the Law.

Question 3

Unipersonal Courts (definition and translation)

Answer 3

They are the courts where one single judge/magistrate sits. In Spanish they are know as “juzgados”.

Question 4

Colegiados (definition and translation)

Answer 4

They are the courts where a bench of magistrates sit. In Spanish they are known as “tribunales”.

Question 5

Types of single judge courts (unipersonales)

Answer 5

• Appeal Courts.
• High Courts of the Autonomous Regions.
• State Court.
• Supreme Court (5 chambers).

Question 6

Name the Chambers of the Supreme Court (salas del Tribunal Supremo)

Answer 6

• civil chamber.
• criminal chamber.
• administrative-contentious chamber.
• labour law chamber.
• military chamber (se conecta con la jurisdicción común).

Question 7

Name the 3 types of jurisdictional Staff

Answer 7

• Judges.
• Magistrates.
• Supreme Court Judge.

Question 8

Magistrate: meaning in spanish and english

Answer 8

• “Magistrado” in spanish refers to a senior judge.
• “Magistrate” in english refers to a judge that sits in a lower ranking court.

Question 9

Judges that do NOT belong to the judicial profession

Answer 9

• Justices of the peace (jueces de la paz).
• Surrogate judges.
• Alternate magistrates.
  However, they do perform jurisdictional duties in accordance to the Organic Law 1985 on the Judiciary Power.

Question 10

Mention the principles on which access to the judicial profession is based

Answer 10

The principles of merit and capacity.

Question 11

What does the Organic Law 1985 on the Judiciary Power says about the selection process for the judicial profession

Answer 11

Art. 301.2 LOPJ

The selection process will be done in a manner that ensures, in an objective and transparent manner, that every citizen who meet the necessary requirements and qualifications have equal opportunities.

The process provides for the professional capacity and ability of the persons who have been selected.

Question 12

Who takes care of access and promotion in the Judicial Profession

Answer 12

The General Council of the Judiciary.

Question 13

Mention the different ways there are to join the Judicial Profession

Answer 13

• Free access as first instance court judge (Civil branch) or in an instruction court (Criminal branch).
• Entry as senior Judge.
• Direct access as senior judge of the Civil or Criminal chambers of the High Courts of Justice of the Autonomous Regions.
• Direct access as judge of the Supreme Court.

Question 14

Free access as a first instance court judge or instruction court judge

Answer 14

• Pass a public examination.
• Pass a practical and theorical course at the judiciary school.
• Be Spanish.
• Be of age.
• NOT to be under any disqualifying circumstances.
• Hold a law degree.

Question 15

Entry as senior judge

Answer 15

• Be a legal practitioner of 10 years worth of professional experience.
• follow a course at the judicial school.
• One of every four candidates gets chosen this way, “Cuarto turno”.

Question 16

Direct access as senior judge in the civil or criminal chambers of the High Court of Justice of the Autonomous Regions

Answer 16

• Eminent legal practitioners with 10+ years of professional experience in the AACC.
• They will be appointed on the basis of a short list of three candidates presented by the parliament of the AACC.
• One of every three vacancies is filled by these legal practitioners.

Question 17

Direct access as judge of the Supreme Court

Answer 17

One of each five positions of court division or the Supreme Court is allocated among legal practitioners with 15+ years of professional experience in the area of law corresponding to the jurisdiction to which they shall be appointed.

Question 18

Mention the principles on which promotion in the judicial profession is based

Answer 18

• merit
• capacity
• suitability
• specialization
• seniority

Question 19

Letrados de la Administración de justicia (translation and characteristics) and the requirements to become one

ALL CHARACTERISTICS

Answer 19

Court Registrars, Lawyers of the judicial Administration, Judicial Administration Clerks.

Characteristics:
- Since 2015, they are considered civil servants.
- The regulation provided for them is found in art. 440 and ff. of the Organic Law 1985 on the Judiciary Power.
- In 2003 and 2009 there were two important reforms that increased the number of duties that Clerks undertake. Before these reforms, the tasks referred above were performed by judges and magistrates.

Process:
- Be spanish.
- Hold a law degree.
- Not be under any disqualifying circumstances.
- Pass a theorical and practical course.

Question 20

Mention SOME of the duties that the Judicial Administration Clerks perform

Answer 20

• Safekeeping of all procedure records and files.
• Exercise of public attestations.
• Civil enforcement proceedings.
• NON-adversarial proceedings (i.e: conciliations).
• Notice of judgments and any other procedural resolutions.

Question 21

Court Registrar Office

Answer 21

The Court Registrar office is an instrumental organization that provides assistance and administrative support to Judges. The basic organizational element of the office is the unit, and they are headed by a judicial administration clerk.

Question 22

Types of units of the Registrar Office

Answer 22

There are two types of Registrar Office Units:
- Common procedural units: they do NOT belong to any specific court or tribunal. They handle all centralized management duties.
- Procedural support units: as a rule, every court or tribunal has its own procedural support unit. They bring direct support to judges and magistrates.

Question 23

Other Staff in the Registrars Office

Answer 23

• Procedural management and administrative body.
• Procedural and administrative handling body.
• Judicial Assistance Body.