Civil, criminal, administrative and employment justice: where each dispute is resolved

When a legal problem arises, the first question is usually how to solve it. But there is an earlier one: which route applies?

Claiming an unpaid invoice, reporting a possible fraud, appealing a fine or challenging a dismissal are different steps. The rules, the preliminary formalities, the bodies involved and the time limits all change.

In Spain the ordinary jurisdiction is divided into four main orders: civil, criminal, contentious-administrative and social. The last of these is the one usually associated with employment justice, although it also covers other matters, such as certain social security disputes.

This guide offers orientation through examples. The final choice requires a study of the facts and of what is being sought.

1. Differences between the main judicial routes

The table below summarises, in general terms, what each jurisdictional order deals with, with one orientative example.

The classification depends on the nature of the relationship and on what is being sought. The involvement of a company, the existence of damage or a claim for money does not, by itself, determine the right route.

2. Civil justice: contracts, property and private relationships

The civil route hears many disputes between individuals or companies and, as a general rule, matters not assigned to another order.

Its usual matters include:

• Claims for debts arising from contracts.
• Breaches in sales or services.
• Disagreements over ownership and co-ownership.
• Inheritance disputes.
• Certain claims for damages.
• Disputes over insurance contracts.

Example: building work that is never finished

You have commissioned a refurbishment, paid part of the price and the work stops before completion.

The initial analysis should clarify what was agreed, what was carried out, which payments were made and what outcome you want: finishing the work, terminating the contract, recovering sums or claiming damages.

The disagreement may be contractual. The existence of financial loss does not automatically mean that an offence has been committed.

Must you negotiate before filing a claim?

In many civil matters a prior negotiating activity is required, with exceptions. It must be checked whether an appropriate means of dispute resolution (MASC) applies and how the attempt is to be documented.

That requirement must not be transferred automatically to the other jurisdictions: its scope has express limits.

3. Criminal justice: conduct that may constitute an offence

The criminal route investigates and tries conduct that may amount to an offence.

It is not chosen because it appears to be a more forceful way of claiming. There must be facts that allow a possible criminal liability to be analysed.

Breach of contract and fraud (estafa): an important difference

A person can breach a contract without having committed fraud.

Assessing this offence requires examining elements such as the deception, the error it produces, the act of disposing of assets and the resulting loss. Non-payment or failure to return money, considered in isolation, does not allow all those elements to be taken as proved.

Where, for example, a transfer was made to buy a property that the person offering the deal cannot sell, it matters to keep the advertisement, the communications, the payment details and the documentation used. Those facts require a different assessment from a simple disagreement about how a contract was performed.

Can compensation be claimed in criminal proceedings?

The civil action arising from an offence may be brought together with the criminal action. There are rules on bringing it, on waiving it and on reserving it for a later claim.

For that reason, when preparing the step it is also worth reviewing the recovery of the money or the repair of the loss, in addition to possible criminal liability.

4. Contentious-administrative justice: disputes with public authorities

The expression "administrative justice" is usually used to refer to the contentious-administrative order.

This route reviews administrative action on the terms laid down by law. It may cover challenges to decisions and provisions, as well as cases of inactivity or material action by the administration.

Orientative examples are an urban-planning penalty, the refusal of a licence or a dispute over a municipal decision. Before deciding how to challenge it, the administrative file and the specific decision must be studied.

Administrative appeal and court appeal are different

Filing submissions or an appeal before the administration itself is not the same as starting court proceedings.

It must be checked whether the decision ends the administrative route, which appeals are available and what time limit applies. Not every matter requires the same sequence.

The notification is a priority document: it should be kept complete, including the information on appeals and the date it was received.

Example: refusal of a licence

If a licence is refused, the first step is to review the reasons in the decision, the administrative file and the applicable rules.

From there it can be assessed whether to appeal, provide further documentation or take another step. An informal request for explanations must not be confused with filing the corresponding appeal.

5. Social justice: employment disputes and social security

The social order hears employment disputes and other matters assigned to it by law.

Its usual matters include:

• Dismissals.
• Claims for wages.
• Certain changes to working conditions.
• Collective disputes.
• Claims concerning social security benefits.
• Certain liabilities arising from accidents at work.

Example: a dismissal with sums still owed

A person receives a dismissal letter and considers that wages are also owed.

Although both questions have an economic content, their origin is employment. The letter, the contract, the payslips and the dates should be reviewed immediately, without waiting for an informal negotiation to end.

Is there a preliminary step?

In many employment matters an attempt at conciliation or prior mediation is required. There are exceptions and, for certain matters, specific administrative requirements.

This regime has its own rules and must not be confused with the civil MASC.

6. One problem may require analysing several routes

Some disputes do not fit into a one-line explanation.

Building work, for example, may give rise to both a contractual disagreement and a planning file. Conduct that is allegedly criminal may also cause compensable damage.

This does not mean that several proceedings must automatically be started. It is necessary to identify what is sought in each one and how the steps relate. The law provides for preliminary questions that may affect whether a process continues.

A useful strategy begins by separating the facts, the people or entities involved and the outcomes being sought.

7. What to check before bringing a claim

To steer the matter correctly, it helps to answer these questions:

• What happened? Prepare a short chronology.
• Who is the dispute with? Identify the person, company or entity.
• What relationship connects you? A contract, employment, property or an administrative decision, among others.
• What outcome do you want? To recover money, to repair, to annul a decision or to defend yourself.
• Which documents support it? Gather contracts, payments, communications and notifications.
• Is there an urgent date? State when the event occurred and when each document was received.

If you live outside Spain, add where you live and in which language you need to communicate. That information helps organise the advice from the outset.

Frequently asked questions

Can I choose between the civil and the criminal route?

The choice must respond to the facts and to legal requirements. The criminal route is not an automatic alternative for putting pressure on the payment of a debt.

Is every dispute with a town council contentious-administrative?

It should not be classified solely by who is involved. The nature of the relationship and the subject discussed must be studied. Some matters involving public bodies are assigned to other orders.

Is claiming money always a civil matter?

No. Unpaid wages may belong to the social order; compensation arising from an offence may be raised in criminal proceedings. The origin of the claim matters.

Do "employment justice" and "social justice" mean the same thing?

"Employment justice" is a habitual expression. The name of the jurisdictional order is social, and its scope also covers matters such as certain social security disputes.

Should I wait until I have all the documents before seeking advice?

If you have received a notification or a deadline may be running, it is better to seek advice as soon as possible. Documentation can be completed later; reviewing the time limits is the priority.

Advice on disputes and litigation in Spain

At MH Legal & Seguros we study disputes governed by Spanish law to identify the available options and the steps each matter requires.

From our offices in Dénia, Gandía and Villalonga we advise national and international clients throughout Spain.

You can write to info@mhlegalyseguros.com with a short explanation of the problem and the relevant dates. If you have received a notification, include the complete document so that it can be reviewed.