History of the HCJ Cantabria

The Superior Tribunal of Justice in Cantabria 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.

Before the existence of the Superior Tribunal of Justice in Cantabria, the County Court of Santander (today County Court of Cantabria) was the maximal organ of the province and depended on the Territorial Court of Appeal of Burgos. The County Court had its headquarters in Calle Alta of Santander.

With the creation of the Superior Tribunal of Justice, it is decided to equip the ancient convent of nuns Salesas at the Avenida de Pedro San Martin as the headquarters of the high tribunal, where it is also located the County Court.

Since its creation, the Superior Tribunal of Justice in Cantabria has had three presidents: Claudio Movilla, who was in the position until January 1997; Francisco Javier Sanchez Pego, who was promoted in March of the same year and abandoned in September 2004, and Cesar Tolosa Tribiño, the current president since December 2004.