LESSON 4 - PART 2

Question 1

Finish the sentence:
In Spain we have …

Answer 1

In Spain we have:
- ordinary jurisdiction
- special jurisdiction
- administration
- jurisdiction

Question 2

What is the problem between those 4 branches

Answer 2

The problem is knowing which body will solve what conflict.

Question 3

Name the 4 types of conflicts that are recognized by Spanish Law

Answer 3

• Conflictos de atribuciones
  
  • positive conflicts
  • negative conflicts
• Conflicts between courts of the Ordinary jurisdiction
• Conflicts between Ordinary and Military jurisdiction
• Conflicts between same jurisdiction courts

Question 4

Conflictos de atribuciones

Answer 4

These conflicts are between the jurisdiction and the administration. They are solved by a special court called “Tribunal de Conflictos de Jurisdicción” and we can find:
- Positive conflicts.
- Negative conflicts.

Question 5

Tribunal de Conflictos de Jurisdicción

Answer 5

This special court solves “Conflictos de Atribuciones” and it is composed of 6 members:
- 3 of the Supreme Court, inc
- 3 of the “Consejo del Estado”.

Question 6

Conflictos de atribuciones, positive conflicts

Answer 6

When both the administration and the jurisdiction think that the problem is attributed to them by law.

Question 7

Conflictos de atribuciones, negative conflicts

Answer 7

When both the administration and the jurisdiction DONT think that the problem is attributed to them by law.

Question 8

Regulation for solving the “conflictos de atribuciones”

Answer 8

The regulations used for solving these conflicts are included in arts. 3-21 of the OL “Organic Law of Conflicts of Jurisdiction 1987”.

Question 9

Conflicts between courts of ordinary jurisdiction

Answer 9

These are known as “conflictos de competencia,” conflicts between 2 courts of ordinary jurisdiction.
They are solved by the president of the Supreme Court and members of the courts in conflict.

Question 10

Conflicts between ordinary and military jurisdiction

Answer 10

These conflicts are solved by the “Sala de Conflictos de Jurisdicción” which is a special court. It is composed of 5 members:
- the President of the Supreme Court.
- 2 members of the military chamber.
- 2 members of the court in conflict with the military chamber (usually the criminal chamber).
They are divided into positive and negative conflicts.

Question 11

Conflicts between courts of the same jurisdiction

Answer 11

These conflicts happen between two courts of the same level/rank, for example, the first instance judge of Murcia and Cartagena.
This conflict is called “cuestión de competencia”, and it will be solved by the immediate superior court to both of them.