How does the HCJ Madrid work?

The high court of Madrid 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

The Chamber of Civil and Penal Matters of the Madrid Superior Court of Justice is aware of the lawsuits and proceedings against people considered privileged owing to their position, such as high ranking representatives of the Madrid Autonomous Community, as well as the instruction and ruling of open lawsuits and proceedings against judges, magistrates and prosecutors, for crimes or offences committed in the course of their duties, providing this responsibility is not attributed to the Supreme Court.

Moreover, it hears appeals against jury decisions pronounced by the jury court of Madrid and deals with questions of competence among criminal courts in the region that do not have another high common court.

The Chamber of Civil and Penal Matters is presided by the chairman the Madrid Superior Court of Justice. There are also two other magistrates belonging to this Chamber, one of them appointed by the General Council of the Judiciary from a short list submitted by the Madrid Assembly and made up of jurists of known prestige. After his or her appointment, the candidate becomes recognised – to all intents and purposes – as a member of the Legal Profession. At the present time, a third attached magistrate completes the Chamber.

The seat of the Chamber of Civil and Penal Matters of the Madrid Superior Court of Justice is at General Castaños nº 1

Contentious Adminstrative Court

The Chamber of Contentious Administrative Matters is the supervising organ of public administrations in the Madrid 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.
Given its broad jurisdiction and functions, it is the busiest Chamber in the whole of Spain. It is made up of fifty five magistrates in active service, divided into ten sections, and it is situated in General Castaños nº 1

Employment Tribunal

The employment tribunal of the high court of Madrid 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 employment tribunal of the high court of Madrid consists of a president and twenty-one magistrates distributed among six sections.

It is located in a former palace on Calle General Martínez Campos, 27.

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 government court has ten members and is representative in character, as half of its members are elected democratically by judges and magistrates of the autonomous community.

The president of the government court is the president of the high court of Madrid. In addition to the president, the presidents of the contentious administrative court and employment tribunal, the president of the provincial court, the chief judge of the city of Madrid and the court clerk of the government court are ex officio members. 

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

  • Ensuring 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.