High Courts of Justice of Spain


The Superior Courts of Justice, or High Courts of Justice, are courts within the judicial system of Spain, whose territorial scope covers an Autonomous Community, as laid down in the Organic Law of Judicial Power.
The Spanish Constitution of 1978 defined the territorial organization of the Spanish State as a hierarchy of municipalities, provinces and Autonomous Communities. The current decentralised administrative structure is known as a "regional state" or, in Spain, "State of the Autonomous Communities".

Judicial powers of the autonomous communities

The Autonomous Communities possess their own legislative and executive powers, conferred on them under their Statute of Autonomy or transferred from the State, in accordance with the Spanish Constitution of 1978.
However, an important qualitative difference between the State of the Autonomous Communities and a federal State is that the Autonomous Communities do not have a judicial body of their own that would judge cases according to their own law; instead, the Communities exercise the unified judicial power of the Spanish State. Despite this, legislation concerning the Autonomous Communities envisaged those Communities having a judicial role, for instance in the powers of officials in administration of the judicial system and of material and economic resources. Moreover, the legislative assembly of each Community takes part in the appointment of one-third of the members of the Civil and Penal Chamber of the respective Superior Court of Justice: the Assembly draws up a shortlist and presents it to the General Council of the Judiciary, which selects one of the candidates for the position in question.
The headquarters of each Superior Court of Justice is stated in the respective Statute of Autonomy.

Composition

The Superior Courts of Justice are divided into three Chambers: Civil and Penal, Administrative Disputes, and Social. There is a President of the Superior Court, a President for each Chamber, and a President for each of the sections into which a Chamber may be divided. The number of judges varies according to the volume of work.
Judges are selected by competition, taking account of their current judicial position, with places reserved for candidates with special expertise in each branch of the judiciary. One-third of positions in the Civil and Penal Chamber are allocated to lawyers of acknowledged distinction selected by the General Council of the Judiciary from a shortlist drawn up by the Legislative Assembly of the respective Autonomous Community.

Competencies

Civil and Penal Chamber

The Administrative Disputes Chamber deals with matters relating to acts of local government bodies or the administrative body of the Autonomous Community, when not proper to :es:Jurisdicción Contencioso-Administrativa de España|provincial administrative dispute courts within the Community. It hears appeals against the judgments or acts of those provincial courts, may review their final judgments, and may rule on issues of competency between two or more of them. As provided by relevant regulatory law, it may carry out reviews in order to harmonise doctrine, or in the interests of the law in the field of administrative disputes.

Social Chamber

The Social Chamber deals with disputes affecting the interests of workers and businesspeople, according to the law and where the scope of the issue is greater than that of a lower court but not beyond the Autonomous Community. It hears appeals against decisions of :es:Jurisdicción social|lower social courts and decisions related to labour matters of commercial courts within the Community. It settles labour-related insolvency cases, and may rule on issues of competency between two or more lower social courts.