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

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

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

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

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

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

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

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

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

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

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

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