Understanding the Spanish Court System — A Guide for Foreigners
If you’re a foreign national dealing with a legal issue in Spain — whether civil, criminal, or administrative — navigating the Spanish court system can be overwhelming. The structure is different from that of common law countries and operates almost entirely in Spanish.
This guide breaks down how the Spanish court system works, the different types of courts, and what you need to know as a foreigner involved in a legal case in Spain.
🏛️ Overview of the Spanish Judicial System
Spain’s court system is based on civil law, not common law. That means:
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Judges play an investigative, not adversarial, role
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There’s no jury trial in most civil or administrative cases
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Written documents are key, especially at the early stages
Spain has five major court jurisdictions:
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Civil Courts (contracts, property, family, inheritance)
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Criminal Courts (offenses, theft, fraud, etc.)
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Contentious-Administrative Courts (claims against government)
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Labour Courts (employment and social security disputes)
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Commercial Courts (insolvency, corporate disputes, trademarks)
📚 Court Hierarchy in Spain
| Court Level | Function |
|---|---|
| Juzgado de Primera Instancia / Instrucción | First-instance courts (civil & criminal) |
| Juzgado de lo Mercantil | Specialized commercial courts |
| Audiencia Provincial | Appeals of lower court decisions |
| Tribunal Superior de Justicia | High court in each autonomous region |
| Audiencia Nacional | National court for major crimes, terrorism, international cases |
| Tribunal Supremo (Supreme Court) | Final appeal in civil, criminal, labor, and administrative law |
| Tribunal Constitucional | Constitutional Court (handles rights violations, not ordinary appeals) |
📌 Most legal cases start at the first-instance level.
🧑⚖️ Judges, Lawyers, and Legal Officers
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Juez (Judge): Decides the case
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Abogado: Lawyer licensed to argue in court
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Procurador: Court agent required in litigation to liaise with the court
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Fiscal (Prosecutor): In criminal cases, represents the state
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Secretario Judicial: Court clerk managing case files and notifications
⚠️ In Spain, you typically need both a lawyer and a procurador to appear in civil or commercial litigation.
📝 Proceedings and Language
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All court proceedings are in Spanish, and some regions use co-official languages (Catalan, Basque, Galician).
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Foreigners must translate documents via a certified/sworn translator.
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You can grant power of attorney to avoid personal court appearances.
🔁 Appeals and Legal Remedies
| Option | Description |
|---|---|
| Recurso de Apelación | Appeal to the Audiencia Provincial (2nd instance) |
| Recurso de Casación | Appeal to the Supreme Court (legal interest required) |
| Recurso de Amparo | Constitutional appeal if fundamental rights are violated |
⏳ Deadlines are short (usually 20–30 days), so legal advice is essential.
🧳 Spanish Courts and Foreigners
Foreign nationals:
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Have equal standing under Spanish law
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Can be plaintiffs or defendants in Spanish courts
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Must appoint legal counsel for formal proceedings
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Can sue or be sued even if not residing in Spain
💼 Common cases involving foreigners:
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Property disputes
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Breach of contract
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Inheritance litigation
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Business or shareholder conflicts
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Enforcement of foreign judgments
🧠 Tips for Navigating the Spanish Legal System
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Use a bilingual lawyer familiar with cross-border cases
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Don’t ignore Spanish court notifications — even if abroad
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Respond to burofax and formal claims promptly
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Be aware that proceedings are document-heavy and slower than in some countries
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Most civil cases do not involve oral hearings unless necessary
👨⚖️ How Borderless Lawyers Can Help
We guide foreigners through Spain’s court system by:
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Evaluating your case and court jurisdiction
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Representing you in all types of litigation
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Filing and managing appeals
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Translating legal documents
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Acting under power of attorney if you’re abroad