Civil Justice in Crisis: Comparative Perspectives of Civil Procedure

By Sergio Chiarloni; Peter Gottwald et al. | Go to book overview

12
Civil Justice in Spain: Present and Future. Access, Cost, and Duration

Ignacio Díes-Picazo Giménez


1. CHARACTERISTICS OF SPANISH CIVIL PROCEDURE

Spain has the continental European system of law, known as the 'civil law' system. I shall therefore limit this introduction to a consideration of the most relevant peculiarities or characteristics of the Spanish civil justice system. 1

The jurisdicción ordinaria (ordinary jurisdiction)2 in Spain is divided into four 'orders' or branches: civil; criminal; contentious-administrative; and social. The civil branch deals with litigation related to civil and commercial law. The criminal branch deals with conduct classified as a crime or a misdemeanour. The contentious-administrative arm is charged with controlling the public administration, subject to administrative law. Finally, the social branch covers labour and social security litigation.

This structure means that some matters which form part of 'civil justice' in other countries (e.g. labour law actions) are entrusted to specialist courts in Spain within the Jurisdicción ordinaria. On the other hand, some matters which are commonly dealt with by specialized courts in other countries, e.g. commercial matters, have not been allocated to specialist tribunals in Spain. In this discussion, the expression 'civil justice' will be given the same meaning as in the current Spanish legal system. Thus, with the exception of isolated references to labour or administrative law, this analysis of Spanish civil justice refers exclusively to courts which are charged with the resolution of civil and commercial litigation.

____________________
1
I would refer a reader who is interested in gaining more detailed knowledge and understanding of this subject to the following general textbooks: principally those of Oliva Santos and Fernandez López , Derecho procesal civil(Civil Procedure Law), 4 vols. (4th edn. Madrid, 1995); Montero Aroca Ortells Ramox Gómez Colomer and Montón Redondo, Derecho jurisdiccional (Jurisdictional Law) (Barcelona, 1996); Cortés Dominguez, Gimeno Sendra, and Moreno Catena, Derecho procesal civil (Civil Procedure Law) (2nd edn. Madrid, 1997).
2
Together with all the courts of the ordinary jurisdiction, the Spanish Constitution provides for certain special courts, such as the courts martial, or the Court of Accounts (Tribunal de Cuentas). In addition, at the top of the legal system, although not part of the judiciary, the Constitutional Court (Tribunal Constitutional) is entrusted with a combination of functions, namely: control of the constitutionality of the laws; the resolution and determination of legal disputes between the state and the autonomous communities; and the protection of the fundamental rights and freedoms recognized by the Constitution, exercised through the procedure of the recurso de amparo (the procedure of appeal to the Constitutional Court for the protection of fundamental rights).

-385-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Civil Justice in Crisis: Comparative Perspectives of Civil Procedure
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 485

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.