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Supreme Court of Spain
The Supreme Court (Spanish: Tribunal Supremo, TS) is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the banning of political parties. It also has ultimate appellate jurisdiction over all cases. The Court also has the power of judicial review, except for constitutional matters, reserved to the Constitutional Court.
The Court was originally established pursuant to Title V of the Constitution of 1812 to replace the System of Councils in all matters that affected justice, and it is currently regulated by Title VI of the Constitution of 1978. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court (who also chairs the General Council of the Judiciary), the Vice President, the Chairpersons of the Court's Chambers and an undetermined number of Magistrates (79 as of 2025). Each Magistrate of the Supreme Court is nominated by the General Council of the Judiciary and appointed by the Monarch for a lifetime tenure up to the age of 70, when they must retire (unless they request a 2-year extension).
The Court meets in its Palace, built by Antonio Ruiz de Salces on the site of the old Convent of the Salesas Reales in Madrid. The security of the buildings and personnel of the Supreme Court is entrusted to the Supreme Court Special Commissariat, a unit of the National Police Corps.
The Supreme Court is the court of last resort and can provide finality in all legal issues. It can exercise original jurisdiction over matters of great importance but usually functions as an appellate court able to investigate procedural irregularities arising from actions in the national courts or Provincial courts. It can order ordinary and extraordinary remedies against decisions of lower courts according to the provisions of Spanish law.
The Supreme Court is responsible for processing substantial complaints of wrongdoing against prominent persons such as government Ministers, Senators, Deputies and members of the various regional parliaments, senior judges, including the President and judges of the Constitutional Court, the highest tribunal in the country regarding constitutional matters.
It also processes formal applications by the procurator (public prosecutor) to outlaw political parties,
Generally, there is no avenue of appeal against a Supreme Court decision although, in criminal matters, the Crown may exercise the prerogative of mercy to invalidate sentences imposed or ratified by the Supreme Court, constitutionally, such appeals are resolved by the Council of Ministers and then formalized by the monarch, as head of state.
Supreme Court decisions may, exceptionally, be overruled by the Constitutional Court if there has been an infringement of rights and freedoms of citizens embodied in the Spanish Constitution of 1978 – articles 14 to 29 and 30.2, regarding Fundamental Rights– or by decisions emanating from the European Court of Human Rights since Spain is a signatory to the European Convention on Human Rights.
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Supreme Court of Spain
The Supreme Court (Spanish: Tribunal Supremo, TS) is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the banning of political parties. It also has ultimate appellate jurisdiction over all cases. The Court also has the power of judicial review, except for constitutional matters, reserved to the Constitutional Court.
The Court was originally established pursuant to Title V of the Constitution of 1812 to replace the System of Councils in all matters that affected justice, and it is currently regulated by Title VI of the Constitution of 1978. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court (who also chairs the General Council of the Judiciary), the Vice President, the Chairpersons of the Court's Chambers and an undetermined number of Magistrates (79 as of 2025). Each Magistrate of the Supreme Court is nominated by the General Council of the Judiciary and appointed by the Monarch for a lifetime tenure up to the age of 70, when they must retire (unless they request a 2-year extension).
The Court meets in its Palace, built by Antonio Ruiz de Salces on the site of the old Convent of the Salesas Reales in Madrid. The security of the buildings and personnel of the Supreme Court is entrusted to the Supreme Court Special Commissariat, a unit of the National Police Corps.
The Supreme Court is the court of last resort and can provide finality in all legal issues. It can exercise original jurisdiction over matters of great importance but usually functions as an appellate court able to investigate procedural irregularities arising from actions in the national courts or Provincial courts. It can order ordinary and extraordinary remedies against decisions of lower courts according to the provisions of Spanish law.
The Supreme Court is responsible for processing substantial complaints of wrongdoing against prominent persons such as government Ministers, Senators, Deputies and members of the various regional parliaments, senior judges, including the President and judges of the Constitutional Court, the highest tribunal in the country regarding constitutional matters.
It also processes formal applications by the procurator (public prosecutor) to outlaw political parties,
Generally, there is no avenue of appeal against a Supreme Court decision although, in criminal matters, the Crown may exercise the prerogative of mercy to invalidate sentences imposed or ratified by the Supreme Court, constitutionally, such appeals are resolved by the Council of Ministers and then formalized by the monarch, as head of state.
Supreme Court decisions may, exceptionally, be overruled by the Constitutional Court if there has been an infringement of rights and freedoms of citizens embodied in the Spanish Constitution of 1978 – articles 14 to 29 and 30.2, regarding Fundamental Rights– or by decisions emanating from the European Court of Human Rights since Spain is a signatory to the European Convention on Human Rights.