SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Carmen Serrano, López-Ibor DPM
López-Ibor DPM López de Hoyos 35, 3rd Floor 28002 Madrid Spain
Tel: +34 91 52 17 818 Email: info@l-ia.com Web: www.lopez-iborabogados.com
1. General 1.1 General Characteristics of the Legal System The Spanish legal system follows so-called civil or codified law, although in certain areas it has increas- ingly been accepting and has begun integrating aspects of the common law system. The sources of the law consist of statutory law and, to a lesser extent, custom and general principles of law. Case law is not generally regarded as a source of Spanish law. Nonetheless, judgments issued by the Supreme Court complement the other sources of Spanish law, assisting with the interpretation and application of the law. Precedents from the Constitu- tional Court and the Court of Justice of the European Union are also relevant for legal interpretations. Spanish civil legal proceedings are conducted both through written submissions and oral arguments. 1.2 Court System The principle of jurisdictional unity is the basis of the organisation and functioning of the Spanish courts. The Spanish Constitution also protects judicial inde- pendence and the separation of powers between the judiciary, the government and the legislature. The exer- cise of judicial authority in any kind of action, both in passing judgments and having judgments executed, lies exclusively within the competence of the courts and tribunals established by law, in accordance with the rules of jurisdiction and procedure within the law.
Spain has five separate jurisdictional orders, which are classified by subject: civil, criminal, administra- tive, labour, and military. Each jurisdiction has its own substantive and procedural rules. Following the entry into force of Organic Law 1/2025, of 2 January, on measures regarding the efficiency of the Public Justice Service (OL 1/2025 or the “Organic Law”), changes have been introduced to the tradi- tional organisation of the Spanish judicial system. The Peace Courts, which traditionally operated in small towns and had very limited jurisdiction, have been abolished. Similarly, in those municipalities with mixed courts handling both civil and criminal matters, all jurisdic- tions have been unified under a single Court of First Instance ( Tribunales de Instancia ). These courts are divided into sections – civil and investigative – with the possibility of adding further sections depending on the size of the municipality (for example, criminal, juvenile, or labour sections). The implementation of the new Courts of First Instance will take place progressively between 2025 and 2027, depending on each judicial district. At present, the reform is still pending further regulatory development through a Royal Decree that will detail the territorial deployment and internal structure of these new courts. In any event, Spanish civil courts continue to be organised in a pyramid structure, including:
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