History of the HCJ Castile and Leon

The Superior Tribunal of Justice in Castile and Leon has its immediate antecedent in the ancient County Courts born with the Constitution of 1812, the legal text which is the linchpin of the Spanish juridical arquitecture. The Magna Charta that appeared in the Parliament of Cadiz granted to the Territorial Court of Appeal the competency of the civil and criminal affairs in the territory under its influence.

For the first time, the grounds were set so that the judges could work independently. The Judges had the exclusive task of judging and make sure that what was judged was executed, the Courts or the King were not allow to perform jurisdictional tasks, as well as the power to file pending matters or open expired judgements.

It was necessary to wait until 1835 for the appearance of the Court of Appeal Ordinances. Those were essential papers that divided the Court of Appeal in three different Divisions with different jurisdictional competencies: two divisions for Civil matters and a division for Criminal matters.

This judicial organisation was respected by the Organic Law of the Judiciary in 1870 and, basically, it still exists, with the exception of the jurisdictions that have been created and integrated along the years and the evolution of society.

The Superior Tribunals of Justice, with its current territorial boundaries, were originated with the division created in the article 26 of the Organic Law of the Judiciary of 1985. They were constituted on the 23rd of Mai 1989.

The ancient Territorial Courts of Appeal were left behind, advancing toward a judiciary model involving the autonomic map adapted to the demands of the Constitution of 1978.

The Superior Tribunal culminates in the creation of the Autonomies in Spain, although they are formed as Power of the State not decentralized, depending on the General Council of the Judiciary, whereas the Executive and Legislative powers do have their autonomic versions.

 

History of the Palacio de Justicia (Courthouse)

On 30 July 1871, an agreement was reached to erect a building, on present-day Avenida de Isla 10, to serve as the definitive seat of the Territorial Court. In December 1872, blueprints were drawn up for three of the places that had been proposed. The building occupied 11,410 square metres, and a 73 by 53 metre rectangle was devoted to the new building.

Amadeo de Saboya, passing through Burgos, laid the first stone on 22 July 1872 but, due to the abdication of the King and the establishment and overthrow of the Republic, preliminary work was significantly delayed. 

Nine projects were entered into the contest for construction of the building (the cost of which could not exceed 450,000 pesetas). From among them, the Academy of San Fernando (on the report of 3 November 1874) selected the three it deemed most suitable.  The municipal corporation, in the agreements of 25 and 27 December 1875, choose Castile and Leon architect David Ruiz Jareño for the project. Construction did not get underway until well into 1878.

After a series of budget problems (it rose to 945,173 pesetas), the official inauguration of the courthouse was held on 28 December 1883, yet it was not until 22 January 1887 that the definitive submission of the building took place.  

Since 2007, the building has been in a process of renovation, the completion date for which is May 2001, when it will become the seat of the High Court of Castile and León.