The Prohibition of Self-Help
Autotutela means enforcing your own right by force. It is strictly prohibited under Spanish law, even if your claim is genuine.
Because the state forbids self-help, the Spanish Constitution guarantees effective judicial protection under Article 24.1 CE.
Available Routes
| Route | Decision Maker | Examples |
|---|---|---|
| Autocomposition | The parties | Negotiation, mediation, settlement |
| Heterocomposition | A neutral third party | Arbitration, judicial process |
Mediation counts as autocomposition because the mediator facilitates rather than decides. In arbitration, the arbitrator decides with binding effect.
The Jurisdictional Function
Under Article 117 CE, Justice emanates from the people. Judges are independent, irremovable, accountable and subject only to the rule of law.
Article 24.2 CE guarantees an ordinary judge predetermined by law. There are four ordinary jurisdictional orders:
- Civil
- Criminal
- Contentious-administrative
- Social
The Constitutional Court
The Tribunal Constitucional (or Constitutional Court) sits entirely outside the ordinary judiciary. It reviews statutes against The Constitution and protects fundamental rights.
It consists of twelve magistrates. It is not an ordinary court of appeal.
Common pitfall: Treating the Constitutional Court as a regular fourth instance. It only hears constitutional matters, not routine appeals.
International Courts
Three international courts matter for a Spanish lawyer:
- Court of Justice of the European Union: Based in Luxembourg, this EU court interprets EU law via preliminary rulings.
- European Court of Human Rights: Based in Strasbourg, this Council of Europe organ protects Human Rights after domestic remedies are exhausted.
- International Court of Justice: Based in The Hague, it settles legal disputes between states.