History of the HCJ Madrid

The high court of Madrid has its immediate roots in the old territorial courts that appeared with the Constitution of 1812, a legal text that is the cornerstone of the legal architecture of Spain.  The “Magna Carta” that sprang from the courts of Cádiz granted territorial courts competence for civil and criminal lawsuits in the territory under their authority.  

For the first time, foundations were put in place that would enable judges to carry out their duties independently. Judges had the exclusive duty of judging and enforcement of the judgment, and the Courts or the King were prevented from exercising jurisdictional duties, as well as the legal authority to dismiss pending law suits or initiate expired trials.    

It was not until 1835 that the Ordenanzas de las Audiencias (ordinances of the courts) came into existence. These essential documents divided the courts into three distinct chambers with different jurisdictional powers: two civil courts and one criminal court. 

This judicial organization was respected by substantive law of the judiciary of 1870 and essentially remains unchanged today, aside from the jurisdictions that have been incorporated over time and the evolution of society.

The high courts, with their present structure and territorial demarcation, spring from the plan created in article 26 of substantive law of the judiciary of 1985. They were established 23 May 1989. The old territorial courts now became a thing of the past, giving rise to a judicial model that included the autonomous map and was adapted to the requirements of the 1978 Constitution. The high court takes the name of the autonomous community.     

The high court of Madrid is currently divided into three courts, one for each jurisdictional order: civil and criminal, employment and contentious administrative. It is the maximum judicial organ of the autonomous community.