The Tribunal Supremo, or Supreme Court, is the loftiest court in Spain for all matters not pertaining to the Spanish Constitution. The court, which meets in the building known as the Convent of the Salesas Reales, consists of a president and an indeterminate number of magistrates, at this point in time 74. Members of the Tribunal Supremo are not elected. They are appointed for life, or until they retire at age 70. They are grouped between five main chambers of the court, each dealing with a specific area of Spanish Law:
Sala Primera (Civil Law)
Sala Segunda (Criminal Law)
Sala Tercera Contentious-Administrative Action (Very similar to Judicial Review or a Tribunal of Inquiry)
Sala Cuarta (Social Law)
Sala Quinta (Military Law)
In addition to these five chambers, members can also concurrently serve in one of the four special chambers that exist, chambers that deal strictly with State-related issues:
The Special Chamber of Article 61 of the General Law (Ley Organica) of the Judiciary. This chamber is made up of the Chief Justice and the presidents of each of the five chambers. It deals with the legality behind political parties and the correction of judicial error.
The Board of Conflicts of Jurisdiction. This chamber helps to resolve conflicts of jurisdiction arising between members of different judicial branches.
The Court of Jurisdictional Disputes. Made of the Chief Justice, two judges of the Sala Tercera, and three permanent directors of the Spanish Council of State, this body resolves conflicts and deficiencies between civil courts, the Courts Martial and administrative courts when it comes to jurisdictional responsibilities.
The Board of Jurisdictional Disputes. This chamber exists to mediate and resolve conflicts between civil courts and the various organs of military justice. It consists of the Chief Justice, two judges of the Board for the relevant civil court, and two judges from the Sala Quinta, or Military Chamber.
As it is in the United States and many other Western countries, the Tribunal Supremo is considered the court of last resort, providing finality when needed on all matters of law. It can, if it so chooses, exercise original jurisdiction over matters of great importance, but usually it functions as an appellate court, with the ability to investigate procedural irregularities from actions taken in the National and Provincial Courts. It can order ordinary and extraordinary remedies, in accordance with the Spanish law, against the decisions of all lower courts.
While Supreme Court decisions are generally viewed as final, in criminal cases the Spanish Crown may rarely exercise the prerogative of mercy, either by vacating or mitigating sentences imposed or ratified by the Tribunal Supremo.
The Tribunal Supremo is one of three branches of Spanish government, the others being the Legislative Branch, made up of the lower and upper houses of Parliament, which together create the laws of Spain; and the Executive Branch, made up of the President and the Cabinet, who enforce those laws. Therefore, the function of the Tribunal Supremo, which serves to review the laws created by the legislature and the manner in which they are enforced, is extremely important in the system of Spanish governance.
