How does the HCJ Basque Country work?

The High Court of the Basque Country exercises its jurisdiction in the territorial demarcation of the autonomous community as the maximum instance of the justice system.  It was established 23 May 1989. 

It consists of three kinds of courts:

  • Civil and Criminal Court
  • Contentious Administrative Court
  • Labour Court


Civil and Criminal Court

The Civil and Criminal Court of the Basque Country consists of five magistrates and hears:

As a civil court:

  • Appeals in cassation 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).
  • Appeals for judicial review against judgments pronounced by civil courts in the autonomous community regarding civil, regional or special law, specific to the community, and when this attribution is envisaged in the corresponding Statute of Autonomy. 
  • Civil actions in a single proceeding 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:

  • Criminal cases involving privileged authorities (Lehendakari, members of the Basque government and members of the Basque Parliament) which the Statute of Autonomy reserves for the high court. 
  • 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. 
  • Decides questions of competence among criminal courts in the autonomous community that do not have another higher common court.
  • Decides questions of competence among juvenile courts of different provinces of the autonomous community. 

It is located on Calle Pedro Ibarretxe. 


Contentious Administrative Court

The contentious administrative court has jurisdiction for adjudicating administrative acts and regulations emanating from institutions of the autonomous community, regional and local entities, and Civil Service organs in the Basque Country. It hears in second instance appeals against the rulings of administrative courts.
  
Moreover, it hears appeals in cassation regarding autonomous law.

It is made up of nine magistrates (seven incumbent judges and two pro tempore judges) and is divided into three sections.

It is located on Calle Pedro Ibarretxe.  

 

Labour Court

The labour court of the High Court of the Basque Country adjudicates proceedings that affect the interests of employees and employers of a higher ambit than employment tribunals. 

Included within its jurisdictional authority are appeals against judgments pronounced by employment tribunals and commercial courts in labour matters or incidences of bankruptcy that affect workers.

The Chamber for Labour Matters within the Basque Country High Court of Justice is made up of a president and ten magistrates, divided amongst its three functional, as opposed to organic, sections, consisting of 4, 4 and 3 members, respectively. 

It is located on Calle Pedro Ibarretxe.


Sala de Gobierno

The High Court has a Sala de Gobierno (government court) for performing internal governmental duties and guaranteeing the daily operation of the courts with jurisdictional authority within the autonomous community.

The government court has thirteen members, six of which are elected. The other six members are ex officio members, as a result of the positions they occupy: president of the high court and the civil and criminal court; president of the contentious administrative court; president of the labour court; presidents of the Provincial Courts of Vizcaya, Álava y Guipúzcoa. The chief judge of Bilbao is also a member of the government court. 

The president of the government court is the president of the High Court of the Basque Country.