1. University of Zaragoza
The Legal System, Jurisprudence and
Governance in Spain
Fernando Galindo
University of Zaragoza
Rovaniemi, 27th April 2009

2. SUMMARY THE LEGAL SYSTEM JURISPRUDENCE GOVERNANCE
CONCLUSIONS AND CUESTIONS
From SPAIN
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

3. Comparative law Spain is not a common law country
THE LEGAL SYSTEM
Comparative law
Spain is not a common law country
This is: the jurisprudence is not the law, as it is the case in the common law countries
The common law tradition and uses begin in the Middle Age with the practices of the Westminster Court
The continental tradition is based in the Middle Age renovation of the roman empire by the use of the Justinianus Code: roman law
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

4. THE LEGAL SYSTEM
Separation of powers
Constitution (1978): separation of powers and declaration of human rights
Legislative
Elected
Ejecutive
Elected by the legislative
Judicial
Independent ,but the judicial Government is elected by the legislative
Jury (citizens) for some cases
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

5. THE LEGAL SYSTEM
Study of the Law
Systematization from the Law in the continental “style”
Different kinds of Laws
Civil
Penal
Commercial
Constitutional
Administrative
Tax
The basic distintion is between public and private Law
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

6. JURISPRUDENCE
No precedent rule
The precedent is the rule in the common law countries for the aplication of the Law
This is to take as reference another similar case to the proposed to the decision of the Court , decided previously by the common law judges
The cases in Spain must be based in the text of the legal rules, approved by the Parlament or the Executive power, in the continental countries
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

7. Organization Judges, Courts and tribunals
JURISPRUDENCE
Organization
Judges, Courts and tribunals
Supreme High Court and High Courts of the Autonomies
General council of the judicial power as government of the courts and tribunals
Procedural Laws for Civil and Criminal Cases
Exercice of the jurisdiction according to the categories of the continental Law
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

8. JURISPRUDENCE
Judicial formation
Examens on the content of the different kind of Laws, ordered according to the continental categories
Practice in the Courts and tribunals
The common basic knowledge is the content of the Law according with the juridical cathegories teached by professors in the Faculties of Law
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

9. GOVERNANCE
What is governance?
In the juridical organizations: from the 80 years (XX century), taking as reference the government policies of the conservative party in United Kingdom: Margaret Thatcher
The government of the activities of the juridical powers balancing the use of the laws and the market rules (efficience)
New Public Management rules used in the
Public administrations activities
Exercice of the judicial power by the judicial decisions
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

10. Consequences of the governance
Broad use of the resources of the social sciences
Economical tools
Information and Communication Technologies
In the activities of the Public Administrations
In the judicial activities
Need of the work of business management graduates and postgraduates in the public administration and judicial areas: new requirements
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

11. GOVERNANCE
New organizations
Adaptation of the Public Administrations activities to the requirements of the governance
Reorganization of the distribution of powers in the judicial administration
New judicial offices: established attending to management criteria
Change of the functions of the civil servants: Judges and Secretaries
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009

12. ON THE CHANGES No changes of the basic juridical system principles
CONCLUSIONS AND QUESTIONS
ON THE CHANGES
No changes of the basic juridical system principles
Law, Justice and Governance as criteria for the juridical activities
It is necessary to establish new learning proposals for the future jurists
According to the social requirements: the governance, the legal texts and the citizens participation in the juridical activities, this is the professional competences required to work in Public Administration and Judicial Power activities
Questions?
THE LEGAL SYSTEM AND JURISPRUDENCE Rovaniemi 27th April 2009