High Court of Andalusia
Encyclopedia
The High Court of Andalusia , is the highest court
of Andalusia
, and for the Spanish
exclaves of Ceuta
and Melilla
. Its seat is the former Royal Chancery of Granada. Its jurisdiction is defined by the Organic Law
intended to govern the resources, procedures and distinct jurisdictional orders and to protect the laws recognized by the Statute of Autonomy of Andalusia
of 2007. The TSJA has full power over all the jurisdictional orders: civil and penal Law, social law, administrative disputes, and any other orders that may be created in the future.
The TSJA is the final jurisdictional court of all trials initiated in the autonomous community
of Andalusia (and the autonomous cities of Ceuta and Melilla), and is the final recourse for all legal processes that occur in those areas, whatever law is invoked as applicable, in accord with the Organic Law of Judicial Power and without prejudice to the powers reserved for the Supreme Court of Spain
. The Organic Law of Judicial Power determines the scope and powers of the latter, as well.
, Granada
was chosen as the seat of the TSJA, making that city the judicial capital of Andalusia; Seville
is the political capital.
Like the other regional high courts in Spain, the TSJA was constituted in 1989. This superseded the old Audiencias Territoriales and gave rise to a new judicial model adapted to the requirements of the Spanish Constitution of 1978
and the Statutes of Autonomy
of the various autonomous communities. The new territorial model and the new model of judicial power made it necessary to replace the two old courts—seated in Granada and Seville, respectively—with a single court for the whole of Andalusia, Ceuta, and Melilla, as well as the creation of the Divisions (Salas) of Civil and Penal Law and the Division of Social Law, to which new powers were attributed. The new court was not considered as having continuity from the previous Audiencia Territorial; it was an entirely new creation. It does not consider the decisions of that court as precedent
s.
Owing in part to the judicial history of Seville, two displaced divisions (Salas desplazadas) were created in that city: a Division of Administrative Disputes (Contencioso-Administrativo) and a Division of Social Law. Because of the importance of the city of Málaga
and the large volume of cases generated in the surrounding province
of Málaga, despite the city having no prior history as the seat of a judicial institution, two salas were created as in Seville. Both of these also have equivalents in Granada.
In 1997 the Andalusian Autonomous Government
transferred material and human resources to the TSJA, permitting the latter to gain more institutional importance within Andalusia. This occurred in part because of a series of agreements increasing cooperation between the Andalusian Autonomous Government and the General Council of the Judicial Power of Spain
.
17 June 1999 marked the tenth anniversary of the High Court of Andalusia, with the presence and involvement of the President of the Supreme Court of Spain and the General Council of the Judicial Power of Spain, the President of the Andalusian Autonomous Government, the President of the Parliament of Andalusia
and the president of the court itself.
, over the three kingdoms that then made up Andalusia (Seville
, Córdoba
, and Jaén
, as well as the Kingdom of Murcia, La Mancha
, certain provinces of Extremadura
, and the Canary Islands
. The oldest parts of the present building were built around 1531. The present façade and staircase date from slightly later, during the reign of King Philip II
; the façade was completed in 1587. The building contains numerous sculptures and paintings from roughly that era, as well is ironwork, tapestries, and so forth. In 1762 a stone balustrade was added to the cornice
, with carved pyramids and a 16th century clock in the center. That clock used to be in an interior staircase; its old place was filled in 1806 by a marble medallion with the figure of King Charles III
.
In 1834, the status of the Chancery was reduced to that of an Audiencia, with jurisdiction over the provinces of Granada, Almería, Jaén and Málaga.
The Divisions of Civil and Penal law (Sala de lo Civil and Sala de lo Penal) has jurisdiction over charges under civil or criminal law against civil officials and magistrates related to the execution of their offices, except insofar as the Statute of Autonomy assigns certain jurisdiction to the Supreme Court. It also is the court with jurisdiction in disputes between courts in the autonomous community that do not have any other common superior court. The Division of Administrative Disputes (Sala de lo Contencioso Administrativo) has broad appellate
powers and power to review administrative actions by government entities. The Division of Social law (Sala de lo Social) deals specifically with labor law.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of Andalusia
Andalusia
Andalusia is the most populous and the second largest in area of the autonomous communities of Spain. The Andalusian autonomous community is officially recognised as a nationality of Spain. The territory is divided into eight provinces: Huelva, Seville, Cádiz, Córdoba, Málaga, Jaén, Granada and...
, and for the Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
exclaves of Ceuta
Ceuta
Ceuta is an autonomous city of Spain and an exclave located on the north coast of North Africa surrounded by Morocco. Separated from the Iberian peninsula by the Strait of Gibraltar, Ceuta lies on the border of the Mediterranean Sea and the Atlantic Ocean. Ceuta along with the other Spanish...
and Melilla
Melilla
Melilla is a autonomous city of Spain and an exclave on the north coast of Morocco. Melilla, along with the Spanish exclave Ceuta, is one of the two Spanish territories located in mainland Africa...
. Its seat is the former Royal Chancery of Granada. Its jurisdiction is defined by the Organic Law
Organic Law (Spain)
An Organic Law in Spanish law under the present Spanish Constitution of 1978 must be passed by an absolute majority of the Congress of Deputies...
intended to govern the resources, procedures and distinct jurisdictional orders and to protect the laws recognized by the Statute of Autonomy of Andalusia
Statute of Autonomy of Andalusia
The Statute of Autonomy of Andalusia is a law hierarchically located under the 1978 Constitution of Spain, and over any legislation passed by the Andalusian Autonomous Government...
of 2007. The TSJA has full power over all the jurisdictional orders: civil and penal Law, social law, administrative disputes, and any other orders that may be created in the future.
The TSJA is the final jurisdictional court of all trials initiated in the autonomous community
Autonomous communities of Spain
An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
of Andalusia (and the autonomous cities of Ceuta and Melilla), and is the final recourse for all legal processes that occur in those areas, whatever law is invoked as applicable, in accord with the Organic Law of Judicial Power and without prejudice to the powers reserved for the Supreme Court of Spain
Supreme Court of Spain
The Supreme Court of Spain is the highest court in Spain for all matters not pertaining to the Spanish Constitution. The court which meets in the Convent of the Salesas Reales in Madrid, consists of a president and an indeterminate number of magistrates appointed to the five chambers of the...
. The Organic Law of Judicial Power determines the scope and powers of the latter, as well.
History of the High Court
The TSJA was created as provided for in Article 7 of the original (1981) Statute of Autonomy of Andalusia. In the first ordinary session of the Parliament of AndalusiaParliament of Andalusia
The Andalusian Parliament is the legislature of the Spanish Autonomous Community of Andalusia instituted by the Andalusian Charter of Autonomy of 1981. It is elected by the residents in Andalusia every four years...
, Granada
Granada
Granada is a city and the capital of the province of Granada, in the autonomous community of Andalusia, Spain. Granada is located at the foot of the Sierra Nevada mountains, at the confluence of three rivers, the Beiro, the Darro and the Genil. It sits at an elevation of 738 metres above sea...
was chosen as the seat of the TSJA, making that city the judicial capital of Andalusia; Seville
Seville
Seville is the artistic, historic, cultural, and financial capital of southern Spain. It is the capital of the autonomous community of Andalusia and of the province of Seville. It is situated on the plain of the River Guadalquivir, with an average elevation of above sea level...
is the political capital.
Like the other regional high courts in Spain, the TSJA was constituted in 1989. This superseded the old Audiencias Territoriales and gave rise to a new judicial model adapted to the requirements of the Spanish Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
and the Statutes of Autonomy
Statute of Autonomy
Nominally, a Statute of Autonomy is a law hierarchically located under the constitution of a country, and over any other form of legislation...
of the various autonomous communities. The new territorial model and the new model of judicial power made it necessary to replace the two old courts—seated in Granada and Seville, respectively—with a single court for the whole of Andalusia, Ceuta, and Melilla, as well as the creation of the Divisions (Salas) of Civil and Penal Law and the Division of Social Law, to which new powers were attributed. The new court was not considered as having continuity from the previous Audiencia Territorial; it was an entirely new creation. It does not consider the decisions of that court as precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s.
Owing in part to the judicial history of Seville, two displaced divisions (Salas desplazadas) were created in that city: a Division of Administrative Disputes (Contencioso-Administrativo) and a Division of Social Law. Because of the importance of the city of Málaga
Málaga
Málaga is a city and a municipality in the Autonomous Community of Andalusia, Spain. With a population of 568,507 in 2010, it is the second most populous city of Andalusia and the sixth largest in Spain. This is the southernmost large city in Europe...
and the large volume of cases generated in the surrounding province
Provinces of Spain
Spain and its autonomous communities are divided into fifty provinces .In other languages of Spain:*Catalan/Valencian , sing. província.*Galician , sing. provincia.*Basque |Galicia]] — are not also the capitals of provinces...
of Málaga, despite the city having no prior history as the seat of a judicial institution, two salas were created as in Seville. Both of these also have equivalents in Granada.
In 1997 the Andalusian Autonomous Government
Andalusian Autonomous Government
The Andalusian Autonomous Government is the regional government body of Andalusia, one of the 17 autonomous communities which make up Spain...
transferred material and human resources to the TSJA, permitting the latter to gain more institutional importance within Andalusia. This occurred in part because of a series of agreements increasing cooperation between the Andalusian Autonomous Government and the General Council of the Judicial Power of Spain
General Council of the Judicial Power of Spain
The General Council of the Judiciary is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judiciary Power...
.
17 June 1999 marked the tenth anniversary of the High Court of Andalusia, with the presence and involvement of the President of the Supreme Court of Spain and the General Council of the Judicial Power of Spain, the President of the Andalusian Autonomous Government, the President of the Parliament of Andalusia
Parliament of Andalusia
The Andalusian Parliament is the legislature of the Spanish Autonomous Community of Andalusia instituted by the Andalusian Charter of Autonomy of 1981. It is elected by the residents in Andalusia every four years...
and the president of the court itself.
History of the seat of the TSJA in Granada
The seat of the high court is the former Royal Chancery of Granada. From 1505 to 1834, the Royal Chancery had jurisdiction over the Kingdom of GranadaKingdom of Granada (Crown of Castile)
The Kingdom of Granada was a territorial jurisdiction of the Crown of Castile from the conclusion of the Reconquista in 1492 until Javier de Burgos' provincial division of Spain in 1833. This was a "kingdom" in the second sense given by the Diccionario de la lengua española de la Real Academia...
, over the three kingdoms that then made up Andalusia (Seville
Kingdom of Seville
The Kingdom of Seville was a territorial jurisdiction of the Crown of Castile from the time it was won from Muslim rule in 1248 during the Reconquista until Javier de Burgos' provincial division of Spain in 1833...
, Córdoba
Kingdom of Córdoba
The Kingdom of Córdoba was a territorial jurisdiction of the Crown of Castile from the time it was won from Muslim rule in 1236 during the Reconquista until Javier de Burgos' provincial division of Spain in 1833...
, and Jaén
Kingdom of Jaén
The Kingdom of Jaén was a territorial jurisdiction of the Crown of Castile from the time it was won from Muslim rule in 1246 during the Reconquista until Javier de Burgos' provincial division of Spain in 1833...
, as well as the Kingdom of Murcia, La Mancha
La Mancha
La Mancha is a natural and historical region or greater comarca located on an arid, fertile, elevated plateau of central Spain, south of Madrid, stretching between the Montes de Toledo and the western spurs of the Serrania de Cuenca. It is bounded on the south by the Sierra Morena and on the north...
, certain provinces of Extremadura
Extremadura
Extremadura is an autonomous community of western Spain whose capital city is Mérida. Its component provinces are Cáceres and Badajoz. It is bordered by Portugal to the west...
, and the Canary Islands
Canary Islands
The Canary Islands , also known as the Canaries , is a Spanish archipelago located just off the northwest coast of mainland Africa, 100 km west of the border between Morocco and the Western Sahara. The Canaries are a Spanish autonomous community and an outermost region of the European Union...
. The oldest parts of the present building were built around 1531. The present façade and staircase date from slightly later, during the reign of King Philip II
Philip II of Spain
Philip II was King of Spain, Portugal, Naples, Sicily, and, while married to Mary I, King of England and Ireland. He was lord of the Seventeen Provinces from 1556 until 1581, holding various titles for the individual territories such as duke or count....
; the façade was completed in 1587. The building contains numerous sculptures and paintings from roughly that era, as well is ironwork, tapestries, and so forth. In 1762 a stone balustrade was added to the cornice
Cornice
Cornice molding is generally any horizontal decorative molding that crowns any building or furniture element: the cornice over a door or window, for instance, or the cornice around the edge of a pedestal. A simple cornice may be formed just with a crown molding.The function of the projecting...
, with carved pyramids and a 16th century clock in the center. That clock used to be in an interior staircase; its old place was filled in 1806 by a marble medallion with the figure of King Charles III
Charles III of Spain
Charles III was the King of Spain and the Spanish Indies from 1759 to 1788. He was the eldest son of Philip V of Spain and his second wife, the Princess Elisabeth Farnese...
.
In 1834, the status of the Chancery was reduced to that of an Audiencia, with jurisdiction over the provinces of Granada, Almería, Jaén and Málaga.
Powers
As remarked above, the TSJA is the highest court in Andalusia, Ceuta, and Melilla, subject only to the powers reserved for the Supreme Court of Spain. More specifically, the TSJA fulfills several roles, corresponding to its various divisions (salas).The Divisions of Civil and Penal law (Sala de lo Civil and Sala de lo Penal) has jurisdiction over charges under civil or criminal law against civil officials and magistrates related to the execution of their offices, except insofar as the Statute of Autonomy assigns certain jurisdiction to the Supreme Court. It also is the court with jurisdiction in disputes between courts in the autonomous community that do not have any other common superior court. The Division of Administrative Disputes (Sala de lo Contencioso Administrativo) has broad appellate
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
powers and power to review administrative actions by government entities. The Division of Social law (Sala de lo Social) deals specifically with labor law.
Presidency of the TSJA
  |
||
|---|---|---|
| President | From | To |
| Andrés Márquez Aranda | 1989-05-23 | 1991-03-12 |
| Juan Ignacio Pérez Alférez | 1991-06-04 | 1992-06-05 |
| Manuel Rodríguez López | 1992-07-20 | 1995-05-30 |
| Augusto Méndez de Lugo | 1995-06-08 | present |
| Source: Tribunal Superior de Justicia de Andalucía, official page | ||