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Name of the institution
: Administrative Chamber of the Supreme Court (Tribunal supremo)
President
:
Mr Ramón
Trillo TORRES, president of the Administrative Ahamber of the Supreme
Court
Don Fransisco José HERNANDO SANTIAGO, president of the Supreme
Court
Address :
Juridicion Contenciosa Administrativa
Sala Tercera del Tribunal Supremo
Plaza de la Villa de Paris S/N
28004 Madrid
ESPAGNE
Phone number
:
(34) 913.97.12.63
(34) 913.97.11.13
Fax :
(34) 913.19.47.20
(34) 913.35.82.91
E-mail :
b.perez@ts.mju.es
Composition
and structure
Number of
members :
The President and 34 magistrates.
Recruitment
procedures and incompatibilities :
There are two ways to enter the Administrative Division : two thirds
of the magistrates are chosen upon a public examination amongst
magistrates of the judicial career; and one third is appointed from
members of legal professions (judges, lawyers, university lecturer,
high standing administrative civil servants), with more than fifteen
years of experience. General incompatibilities are applied to administrative
magistrates.
Internal
organization :
The Division is divided into seven sections. Six sections hear specific
issues, pursuant to a yearly fixed distribution, whereas the first
section hears the actions for cassation.
Publications
:
A selection of decisions of the Division are published with the
decisions of the Tribunal Supremo.
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Court
functions
Jurisdiction
:
The Spanish administrative jurisdiction has the power to review
all the acts and provisions of the public administrations which
are inferior to the statutes.
Organization
of the courts system :
The Third Division of the Supreme Court hears :
- in first and last instance : administrative appeals against acts
and provisions of the Council of Ministers and the different Commissions
of this Council ; appeals lodged against acts and provisions of
the General Council of the Judiciary, Government and Parliament
; appeals against decisions by the Constitutional Court and by the
Audit Office. It has also jurisdiction in appeals against decisions
of the Ombudsman in personal affairs and administrative acts ;
- cassation appeals against judgments pronounced by the Administrative
Division of the National Court ;
- cassation appeals lodged against decisions pronounced in first
and last instance by the Administrative Divisions of the Higher
Courts of Justice of the seventeen Autonomous Governments against
acts and provisions of the Central Administration ;
- cassation appeals, in the cases determined by law, against judgments
pronounced in first and last instance by the Administrative Divisions
of the Higher Courts of Justice against acts and provisions of the
Autonomous Governments. These appeals have to be founded on an infringment
of the statute concerning the acts and decisions of Central and
Local Administration ;
- appeals against decisions of the Audit Office ;
- appeals for review determined by the law.
Powers of
the judge (annulment, reversal, compensation, etc...) :
Administrative courts have jurisdiction to void all the acts of
administration, and to recognize subjective rights on behalf of
citizens. They also have jurisdiction to award damages in case of
a right's infringement.
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Advisory
functions
None.
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