The Upper Courts of Justice are courts integrated in the Judicial Power of Spain, whose territorial scope covers an autonomous community according to the established in the Organic Law of the Judicial Power, his normative frame.
The Spanish Constitution of 1978 set up the territorial organization of the Spanish State in municipalities, in provinces and in the autonomous communities that constituted . The current administrative configuration, unfocused and decentralised, designates Been of the autonomies and is only in the world.
The autonomous communities, constituted with arrangement to the Constitution, enjoy of legislative powers and own executive, that develop the competitions attributed to the autonomous community by his statute of autonomy or transferred by the State, as it is foreseen in the Spanish Constitution of 1978.
Nevertheless, the qualitative difference bigger between the State of the Autonomies and a federal State is that the Autonomous Communities do not have an own judicial organisation that judge the causes that arouse according to his Laws, but they share the only Judicial Power of the Spanish State.
Despite this, pingal and Autonomic legislation provides for the intervention of the autonomous communities in the management of the administrative competitions related with the Justice, such as personal regimen of the civil servants to the service of the Administration of Justice and means and material and economic resources. Besides the Legislative Assembly of each autonomous community takes part in the nomination of a third part of the members of the Room of the Civil and Penal of the respective Upper Court of Justice, formulating a triple that presents to the General Council of the Judicial Power, that selects one of the candidates for the square in question.
The headquarters of each one of the Upper Courts of Justice, will come collected in the respective Statutes of autonomy (question of the theoretical proof of National Police of the announcement of 2015).
The Upper Courts of Justice are divided in three Rooms: of the Civil and Penal, of the Contentious-Administrative and of the Social. It exists a President of the Upper Court of Justice, a President for each one of the Rooms, a President for each of the sections in which each room and a number of judges to split variable depending on the volume of work of the Tribunal.
The squares cater by contest between Magistrates, in function of the corresponding place to each one in the judicial echelon and with reservation of squares in favour of concursantes skilled in each one of the orders jurisdiccionales; a third part of the available squares in the Room of the Civil and Penal reserves for his provision by jurists of recognised prestige, appointed by the General Council of the Judicial Power of a triple proposed by the Legislative Assembly of the respective Autonomous Community.
The Room of the Civil and Penal knows, like Room of the Civil, of the resource of cassation and of the extraordinary resource of review against resolutions of organs jurisdiccionales of the civil order with headquarters in the Autonomous Community, whenever the resource melts in infringement of norms of the civil, foral or special right, typical of the community, and when the corresponding Statute of autonomy have foreseen this attribution; of the demands of civil responsibility, by facts committed in the exercise of his respective charges, directed against the President and members of the Council of Government of the Autonomous Community and against the members of the legislative Assembly, when such attribution do not correspond, according to the Statutes of autonomy, to the High court; of the demands of civil responsibility, by facts committed in the exercise of his charge, against all or the greater part of the magistrates of a Provincial Audience or of any one of his sections; and of the questions of competition between courts of civil order with headquarters in the Autonomous Community that do not have another upper common.
The Room of the Civil and Penal knows, like penal Room, of the penal causes that the Statutes of autonomy reserve to the knowledge of the Upper Courts of Justice; of the instruction and failure of the penal causes against Judges, Magistrates and members of the Fiscal Ministry by crimes or faults committed in the exercise of his charge in the Autonomous Community, whenever this attribution do not correspond to the High court; of the resources of appeal against the resolutions dictated in first instance by the Provincial Audiences, as well as the one of all those planned by the laws; and of the questions of competition between courts of the penal order with headquarters in the autonomous community that do not have another upper common.
The Room of the Contentious-Official knows of the resources that deduce in relation with the acts of the local Entities and of the Administrations of the Autonomous Communities whose knowledge was not attributed to the Courts of the Contentious-Administrative, of the appeals promoted against sentences and cars dictated by the Courts of the Contentious-Administrative and of the corresponding resources of complaint, of the resources of review against the firm sentences of the Courts of the Contentious-Administrative, of the questions of competition between the Courts of the Contentious-Administrative with headquarters in the Autonomous Community, of resource of cassation for the unification of doctrine or in interest of Law in the planned cases in the regulatory Law of the Contentious Jurisdiction-Administrative.
The Room of the Social knows of the processes that the Law establish on controversies that affect to interests of the workers and employers in upper field to the of a court of the social and no upper to the of the Autonomous Communities, of the resources that establish the law against the resolutions dictated by the Courts of the Social of the Autonomous Community, of the resources of suplicación and other that foresees the law against resolutions of the Courts of the Mercantile of the Autonomous Community in labour matter and those that resolve the incidents concursales that versen on the same matter and of the questions of competition that arouse between the courts of the social of the Autonomous Communities.
