Courts, tribunals and remedies: how justice is organised in Spain

Receiving a communication from a Tribunal de Instancia, an Audiencia Provincial or a Tribunal Superior de Justicia can raise doubts. Are they different bodies? Which one acts first? Can a decision always be appealed to a higher court?

To understand how justice is organised in Spain it helps to separate three questions: the subject matter of the dispute, the territorial scope of the body and the function it performs in the proceeding.

The current structure incorporates the Tribunales de Instancia, introduced by Ley Orgánica 1/2025. Explanations based only on the former single-judge courts may therefore be incomplete.

1. Subject matter, territory and function: three different questions

To place a matter within the judicial organisation, three questions must be asked:

• What subject matter is in dispute: civil, criminal, contentious-administrative or social.
• Which territory applies: the relevant place depends on the rules applicable to the dispute.
• What action must be taken: to decide at first instance, to investigate, to hear an appeal or to enforce a decision.

The ordinary jurisdiction comprises those four main orders, and the law distributes jurisdiction between different bodies.

The name of a court is not enough to know whether it can hear your matter. Nor does it allow you to deduce, on its own, which remedy will be available.

2. What the Tribunales de Instancia are

The organisational reform establishes a Tribunal de Instancia in each partido judicial (judicial district), with its seat in the district capital.

These tribunals are organised into sections and judicial posts. Their composition may include a single Civil and Investigation section or separate sections, in addition to other specialisms provided for by law. Not all of them have the same structure.

The possible sections include Family, Childhood and Capacity; Commercial; Criminal; Contentious-Administrative and Social.

Is every matter decided by several judges?

The name "Tribunal de Instancia" does not mean that every decision is taken by a group of judges. Jurisdictional work is carried out by the judges and magistrates assigned to its sections, with the particularities the law allows.

In practice, when reviewing a notification it matters to identify the tribunal, the section, the judicial post where stated and the proceeding number. Those details make it possible to locate the file correctly.

3. What the Audiencias Provinciales do

The Audiencias Provinciales (provincial courts) hear the civil and criminal matters assigned to them by law. They may act on appeals and also, in certain criminal matters, at the trial stage.

An Audiencia Provincial is therefore not only an appeal court, nor the destination of every appeal in a province.

In an ordinary civil claim, for example, an appealable judgment given at first instance may be reviewed on appeal by the corresponding Audiencia Provincial. It must be checked that the specific decision admits that appeal.

4. What a Tribunal Superior de Justicia is

The Tribunal Superior de Justicia, usually abbreviated as TSJ, is the highest court within the territory of an autonomous community, without prejudice to the jurisdiction of the Tribunal Supremo.

It has Civil and Criminal, Contentious-Administrative and Social divisions. Its functions depend on the subject matter and on the jurisdiction assigned by law.

It is not a body through which every matter must pass after an Audiencia Provincial. Territorial organisation does not create an automatic succession of appeals.

5. Audiencia Nacional and Tribunal Central de Instancia

The Audiencia Nacional has specific jurisdiction laid down by law. Its national scope does not make it the court to turn to when a dispute involves several provinces, or when further appeals are being considered.

It hears certain criminal, contentious-administrative and social matters.

The Tribunal Central de Instancia is a different body. It has sections with central jurisdiction expressly assigned to them, including those relating to certain criminal proceedings. It must not be confused with the Tribunales de Instancia of the various judicial districts.

6. What the Tribunal Supremo does

The Tribunal Supremo is the highest judicial body in every order, save as provided in matters of constitutional guarantees. It has jurisdiction throughout Spain and specialised divisions.

This does not mean that any dispute can reach the Tribunal Supremo. Access depends on the remedy provided, the decision challenged and the legal requirements.

Before bringing a remedy it is worth distinguishing between disagreement with the outcome and the existence of legal grounds that allow it to be challenged by that route.

7. Judicial organisation and remedies are not the same thing

This distinction avoids a frequent confusion: imagining that every matter passes through the same courts until it reaches the Tribunal Supremo.

First instance, appeal and cassation describe functions or procedural routes; not a path fully available in every case.

Civil appeal

In civil matters the law determines which decisions may be appealed and the scope of the review. There are exceptions: not every civil judgment admits an appeal.

Civil cassation

Cassation is subject to specific requirements. As a general rule it is not a new trial in which to present the case again and discuss all the evidence.

The civil regulation provides for grounds of infringement of law, access requirements and limits on the review of facts and evidence.

Remedies in other jurisdictions

Each order has its own system. In the social order, for example, there is the recurso de suplicación before the Social divisions of the TSJ in the cases provided for by law.

The scheme of a civil claim must not be transferred automatically to a dismissal or to criminal proceedings.

8. And the Tribunal Constitucional?

The recurso de amparo before the Tribunal Constitucional is intended to protect certain fundamental rights and is subject to its own requirements.

It does not work as a further appeal for reviewing any disagreement with a judgment. Among the conditions applicable to amparo against judicial decisions are the exhaustion of the prior judicial route and the timely invocation of the infringement.

9. What to check when you receive a decision

To understand where your matter stands, it helps to locate:

• The body and the section that issued the decision.
• The proceeding number and its identification.
• The type of document: judgment, order, decree or other decision.
• What is decided and the steps it requires.
• The date of notification.
• The information on remedies.

Keep the complete document. A photograph of the first page may omit the ruling or the closing indications needed to assess the next steps.

In a legal consultation it helps to ask who must act now, what time limit applies, which remedy may be available and what outcome it can achieve.

Frequently asked questions about courts and tribunals

Do "juzgado" and "tribunal" always mean the same thing?

They are not interchangeable in every context. The reform has also integrated former single-judge courts into the new structure of Tribunales de Instancia. It is better to use the name that corresponds to the current body.

Does a partido judicial coincide with a province?

Not necessarily. It is a judicial district that may cover one or several municipalities; a province may contain several judicial districts.

Do all appeals go to the Audiencia Provincial?

No. It depends on the jurisdictional order, on the body that decided and on the remedy provided. The Audiencia Provincial does not review every employment or administrative matter in its province.

Can I appeal simply because I disagree?

The disagreement must be turned into an admissible challenge under the applicable rules. The grounds, the requirements and the time limits must be reviewed.

Does the name "Tribunal Superior" mean I can go there directly?

No. Its jurisdiction is determined by law. The name does not allow you to choose freely the body that will resolve the dispute.

Advice on understanding your court proceeding

At MH Legal & Seguros we advise national and international clients on disputes governed by Spanish law.

From our offices in Dénia, Gandía and Villalonga we handle matters throughout Spain. We review the documentation to explain the stage the proceeding has reached, the issues that must be resolved and the options worth considering.

You can write to info@mhlegalyseguros.com with a short description of the matter. If you have received a decision, provide the complete document and its date of notification.