How does the HCJ Castile and Leon work?

The high court of Castile and Leon is the maximum expression of the judiciary in the autonomous community. It was established 23 May 1989 as an integrative organ of the judicial framework. The high courts are the product of the plan envisaged in article 26 of substantive law of the judiciary. 

It consists of three courts:

  • Civil and Criminal Court
  • Contentious Administrative Court
  • Employment Tribunal

 

Civil And Criminal Court


As a civil court, it hears:

  • Appeals in cassation and extraordinary appeals for revision against the rulings of civil courts in the autonomous community, provided that the appeal is founded on infringement of civil, regional or special law, specific to the community, and when this attribution is envisaged in the corresponding Estatuto de Autonomía (Statute of Autonomy). 
  • Civil actions against the president and members of the governing council of the autonomous community and against members of the legislative assembly for acts committed when performing their respective duties, when this attribution does not correspond, according to the Statutes of Autonomy, to the Supreme Court.
  • Civil actions in a single proceeding against all or the majority of magistrates of a provincial court or any of its sections for acts committed when performing their duties 
  • Questions of competence among civil courts in the autonomous community that lack another higher common court

As a criminal court, it hears:

  • criminal cases which the Statutes of Autonomy reserve for the high courts; pre-trial proceedings and adjudication of criminal actions against judges, magistrates and members of the Attorney General’s office for crimes and misdemeanours committed when exercising their post in the autonomous community, provided this attribution does not correspond to the Supreme Court.
  • Appeals against first instance rulings pronounced by provincial courts, as well as all those envisaged in the law. 
  • questions of competence among criminal courts in the autonomous community that do not have another higher common court.

 

Contentious Adminstrative Court

The Chamber of Contentious Administrative Matters is the supervising organ of public administrations in the Castile and Leon region. It is aware of the appeals relating to the actions of local and autonomic entities, the appeals lodged against the resolutions of the courts of contentious matters, and the questions of jurisdiction amongst those courts.

 

Employment Tribunal

The employment tribunal of the high court of Castile and Leon is responsible for proceedings affecting the interests of employees and employers of a higher sphere than employment tribunals. It also has competence for appeals against rulings pronounced by employment tribunals and commercial courts in labour matters or incidents pertaining to bankruptcy proceedings that affect workers, as well as questions of jurisdictional authority among regional employments tribunals. 

 

The government court

The government court is the internal government organ of courts and tribunals in the region. Its main objective is organization of the daily operation of the courts and tribunals in the autonomous region. 

The Sala de Gobierno (government court) consists of 28 members and is representative in character, as half of its members are democratically elected by judges and magistrates of the autonomous community.  The other half are ex officio members: the president of the high court, the four court presidents, and the nine presidents of the provincial courts.

The government court has broad jurisdictional authority for organizing the operation of the courts and tribunals for which it is responsible. Its duties include:

  • To verify that the posts of judges assigned to the said courts are adequately filled.
  • Analyzing the complaints lodged by citizens regarding the administration of justice.
  • Reviewing the sanctions imposed by judges on participants in judicial proceedings.
  • Proposing inspection visits to the presidents.
  • Maintaining institutional relations with other public administrations with the aim of improving the functioning of the administration of justice.
  • Preparing studies and proposals directed at the General Council of the Judiciary.
  • To exercise disciplinary faculties over magistrates and judges.