The legal system of Spain is based on the civil law system, which is derived from the Napoleonic Code. The Constitution of 1978 serves as the country’s primary source of law, regulating the structure and function of the government, civil rights, and economic and social policy. Spain also follows the European Union’s legal directives, which means that its legal system is largely influenced by European Union law.
The Spanish court system is composed of a hierarchy of courts, including the Supreme Court, the High Courts, provincial courts, and municipal courts. The Supreme Court is the highest court in the country and has jurisdiction over constitutional issues and matters of national importance. The High Courts are divided into civil, criminal, and administrative divisions, and their judges are appointed by the General Council of the Judiciary. Provincial and municipal courts are primarily responsible for the resolution of local conflicts and are the lowest courts in the Spanish court system.
The Spanish legal system is further divided into two branches: public law and private law. Public law deals with matters of public interest, such as taxation, public health, and criminal law. Private law, on the other hand, deals with matters between private individuals or companies, such as contracts, property, and family law.
The Spanish legal system is administered by a variety of legal professionals, including judges, prosecutors, notaries, and lawyers. Judges and prosecutors are appointed by the General Council of the Judiciary, while notaries and lawyers are appointed by the regional governments. All of these professionals are overseen by the Ministry of Justice.