Checking date: 19/05/2022


Course: 2022/2023

The spanish legal system
(13942)
Study: Dual Bachelor in International Studies and Law (321)


Coordinating teacher: HERNANDEZ MOURA, BELEN

Department assigned to the subject: Department of Criminal Law, Procedural Law and History Law

Type: Compulsory
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
The subject of Spanish Judicial System is the first contact that students have with Spanish Procedural Law, for this reason, it is not necessary or recommended to have passed other subjects beforehand.
Objectives
Within the framework of the subject, the following objectives are proposed: 1.- Generic of the tertiary education. As any graduate, at the end of his/her studies, he/she should have the following skills: - Capacity for analysis and synthesis. - Cultural curiosity, interest in learning and acquiring knowledge. - Ability to apply their knowledge to practice. - Ability to communicate both orally and in writing. - Aptitude to learn and update their knowledge. - Self-criticism. - Competences for the approach and resolution of problems. - Tools for negotiation and teamwork. - Ethical commitment, being aware of the political, economic, social and legal significance of the duty to contribute to the improvement of society and the support of public expenditure. - Ability to use computer media in order to obtain information and communicate data. 2.- Generic in the formation of the jurist. In order to be able to obtain the degree of Bachelor of Law, it is mandatory to: - Be aware of the Law as a regulatory system of social relations, of the unitary nature of the legal system and of the necessary interdisciplinary vision of legal problems. - Be able to use constitutional principles and values as a working tool in the interpretation of the legal system. - Have the skills to handle the different legal sources, locating and obtaining the necessary information. - Be able to develop legal oratory and dialectics. - Possess basic knowledge of legal argumentation. - Have the ability to create and structure rules and regulations. - Be able to read and interpret legal texts. - Know how to critically analyze the legal system. - Know and understand the main public and private institutions in their genesis and as a whole. - Identify and master the different ways in which Law is created. 3.- Specifics of the subject "Spanish Judicial System". In order to pass this subject, at the end of the four-month period it is necessary to: - Know and understand: o The different ways of solving legal conflicts. o What is Procedural Law. o What is the jurisdictional power and what are the functions of the Jurisdiction. o The implications of the constitutional requirement of exclusivity in the exercise of jurisdiction. o The model of the Judiciary, its governing bodies, composition and main competencies. o The Spanish judicial organization and the distribution of competences among the different jurisdictional bodies. o The status and functions of the jurisdictional personnel and of the different collaborators of the Administration of Justice. o The basic content of the right to effective judicial protection. o The assumptions and the procedure for the recognition of the right to free legal aid. o The concept, structure, classes and inspiring principles of the judicial process. o The concept, classes, characteristics and requirements of the basic procedural acts. - Be able to: o Distinguish the different branches of procedural law. o Identify the sources of this discipline and delimit the fundamental content of the basic procedural laws. o Specify the scope and organization of the Judicial Power as opposed to the rest of the public powers. o To reconstruct the basic limits of the Spanish jurisdiction with respect to the different matters. o Determine in the abstract the competent jurisdictional body to hear different matters. o Argue legally their opinions and expose them both orally and in writing. o Identify the different legal instruments, as well as to locate and use them in a rigorous manner (reading, comprehension, interpretation). o Work in groups, carrying out and exposing works in a collective and coordinated manner. - Know how to: o Appreciate the importance of the Administration of Justice as an essential public service of the social and democratic State of Law. o Critically evaluate the different institutions analyzed. o Relate the different contents studied in such a way that they constitute an organized and coherent whole. o Contrast and discriminate the information obtained from different sources in order to form a personal and personal criterion.
Skills and learning outcomes
Description of contents: programme
MODULE I: JURISDICTION Lesson 1: Jurisdiction. 1. Legal disputes and modes of solution. 2. Jurisdictional power and functions. Lesson 2: Judicial authority. Principles of operation: unity, exclusivity, independence and self-government. 2. Jurisdictional orders and organs. Extension and limits of jurisdiction. Judicial bodies by jurisdictional order. MODULE II: THE LEGAL PRACTITIONERS Lesson 3: Judges and Magistrates. Prosecutor's Office 1. Constitutional guarantees of judges and magistrates. A. Concept. B. Independence. C. Immovability. D. Responsibility. E. Submission to the Law. F. Statute. 2. Public Prosecutor's Office. A. Concept and nature. B. Functions. C. Principles of organization and operation. Lesson 4: Other legal operators 1. Judicial Office: A. Lawyers of the Administration of Justice. B. Structure of the Judicial Office. C. Judicial Police and other bodies at the service of the Administration of Justice. 2. Lawyers and Attorneys. A. Postulation. B. System of access to the profession. 3. Other operators. MODULE III: THE JUDICIAL PROCESS Lesson 5: Judicial process. 1. Concept and basic structure of the process. A. Initiation at the request of a party. B. Procedural acts: Concept and types. C. The need for a system of appeals. 2. Principles of process and procedure. 3. Types of process. Lesson 6: Fundamental Rights and Process. 1. The right to effective judicial protection. A. The action. Action and Jurisdiction. B. From the action to the right to effective judicial protection. C. Essential content of the right to effective judicial protection. 2. The right to a process with all the guarantees: A. In the criminal process. B. In the rest of the jurisdictional orders. 3. Free legal assistance.
Learning activities and methodology
A. LECTURES Lectures will be given in the theoretical groups and will be devoted to the exposition of the fundamental concepts of the program. An attempt will also be made to establish the guiding thread of the different contents of the course and to give an overall view of the subject. Notwithstanding the above, the practical classes will reinforce and complement the essential points studied in the master classes, either through group work or individual work. B. PRACTICAL CLASSES The complementary practical classes will be given in small groups and their content will be as heterogeneous as possible, adapting to the particularities of the specific subject to be studied in depth. Among the different activities programmed in principle (without prejudice to changes, inclusions or exclusions arising from the dynamics of the course) the following are foreseen: - Assumptions of application of positive law to real cases. - Analysis and commentaries of jurisprudence. - Preparation and presentation in class of certain topics. - Reflection and debate on relevant news. - Group discussion and debate on controversial issues. - Viewing of recordings of different judicial processes. - Complementary activity in the form of a visit to a judicial body or institution (Court, Supreme Court, Constitutional Court, CGPJ, Prosecutor's Office, etc.). INDIVIDUAL AND GROUP TUTORIALS: - Each teacher will establish a weekly schedule for individual tutorials. The student may attend tutorials to solve any doubt, problem or question that requires the attention of the responsible teacher. - On the other hand, the teacher will be able to establish during the term up to a maximum of 2 collective tutorials of a complementary and, in any case, voluntary nature. INDIVIDUAL OR GROUP WORK OF THE STUDENT. - For subjects of 3 ECTs, 46 hours will be dedicated.
Assessment System
  • % end-of-term-examination 0
  • % of continuous assessment (assigments, laboratory, practicals...) 100
Calendar of Continuous assessment
Basic Bibliography
  • 1. MORENO CATENA, V.; CORTÉS DOMÍNGUEZ, V.. Introducción al Derecho procesal, 10ª ed.. Tirant lo Blanch, Valencia. 2019
  • 1. MORENO CATENA, V.; CORTÉS DOMÍNGUEZ, V.. Introducción al Derecho procesal, 11ª ed.. Tirant lo Blanch, Valencia. 2021
  • 2. MORENO CATENA, V. (Director). LÓPEZ JIMÉNEZ, R. (Coordinadora). Esquemas de Derecho procesal. Tomo. I: Esquemas de organización judicial: tribunales nacionales y supranacionales, 5ª ed. . Tirant lo Blanch, Valencia. 2018
  • 2. MORENO CATENA, V. (Director). LÓPEZ JIMÉNEZ, R. (Coordinadora). Esquemas de Derecho procesal. Tomo I: Esquemas de organización judicial: tribunales nacionales y supranacionales, 5ª ed. . Tirant lo Blanch, Valencia. 2018
  • 3. MONTERO AROCA, J. GOMEZ COLOMER, J.L. BARONA VILLAR, S. . Derecho jurisdiccional I. Parte general, 27ª ed.. Tirant lo Blanch, Valencia. 2019
  • 3. MONTERO AROCA, J. GOMEZ COLOMER, J.L., BARONA VILAR, S. . Derecho jurisdiccional I. Parte general, 27ª ed.. Tirant lo Blanch, Valencia. 2019
  • 4. DAMIAN MORENO, J. . Introducción al Sistema Judicial Español, 3ª ed.. Dykinson. 2013
  • 4. DAMIAN MORENO, J. . Introducción al Sistema Judicial Español, 3ª ed.. Dykinson. 2014
  • 5. MORENO CATENA, V. (Dir.) et. al. . Manual de organización judicial, 4ª ed.. Tirant lo Blanch, Valencia. 2010
  • 5. MORENO CATENA, V. (Director), AA.VV.. Manual de organización judicial, 4ª ed.. Tirant lo Blanch, Valencia. 2010
  • 6. Francisco Ramos Méndez. Sistema judicial Español, 11ª ed.. Atelier. 2019
  • 6. RAMOS MÉNDEZ, F.. Sistema judicial Español, 11ª ed.. Atelier. 2019
Additional Bibliography
  • ASENCIO MELLADO, J. M.. Introducción al Derecho procesal, 1ª ed.. Tirant lo Blanch, Valencia. 2019
  • DE LA OLIVA SANTOS, A.; DÍEZ-PICAZO, I.; VEGAS TORRES, J.. Derecho procesal: introducción, 3ª ed.. Ramón Areces, Madrid. 2004
  • VALENCIA MIRÓN, A. J.. Introducción al Derecho procesal, 12ª ed. . Comares, Granada. 2016
Recursos electrónicosElectronic Resources *
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The course syllabus may change due academic events or other reasons.