López María Luisa Villamarín, Justice of The Peace in Spain (Instytucja sędziego pokoju w Hiszpanii)

Artykuły
Opublikowano: PPC 2019/2/174-187
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Rodzaj: artykuł

Justice of The Peace in Spain (Instytucja sędziego pokoju w Hiszpanii)

Keywords: justice of the peace, Spain, lay judges, guarantees of independence, authority and competences

1.Introduction

Justices of Peace are part of the Spanish jurisdictional organization since the Civil Procedure Law of 1855 was passed , assuming the judicial tasks carried out until that moment by Mayors in conciliations and in two different kind of conflicts: small claims in the civil jurisdiction and minor offenses in the criminal jurisdiction. Although it was a desired institution, its beginnings were not as peaceful as expected, with a lot of controversy over their appointment.

A century and a half later, with a very different system of Administration of Justice and legal and constitutional context, far removed from the nineteenth century, the Spanish hierarchy of courts continues, however, to be supported on its base in more than 7000 municipalities by these lay judges, who may be unaware of the Law they may apply, who are not professionals and do not belong to the judicial career and,...

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