La Administración de Justicia y el Poder Judicial.

Authors

  • ALEJANDRO NIETO

Keywords:

The Judiciary, the Administration of Justice, judges and magistrates, courts of justice, judicial independence.

Abstract

The judiciary branch of power in Spain comprises two aspects, which should be analysed separately: the public service of administering justice and constitutional activity under the name of «judiciary power». To analyse the current situation that has been formed since the 1978 constitution, this article analyses the three «fronts» on which the judges have to fight to ensure correct functioning: the corporative front, the public service front and the constitutional front. Corporative pressures, that have at times been the plague of Spanish justice, have significantly diminished albeit without disappearing totally. The public service of justice administration presents very serious shortcomings and deficiencies that successive democratic governments have tried to correct. However good their intentions, so far they have not been very successful in the endeavour. But it is with respect to the exercise of judiciary power that the outlook is most bleak. Governments have deliberately tried to dismantle this branch of power and have been unfortunately successful. All in all, the situation is very negative and public opinion is highly aware of it. Not only are things not getting better. They are getting worse.

Published

2008-04-09