The courts
The courts are established by organic law at four levels, with a court within reasonable distance of every residence.
Article 197(1): the courts of the Republic are the communal and sub-regional courts, which try at first instance; the regional courts, which hear appeals; the National Court; and the Constitutional Court.
Article 197(2): organic law establishes the courts, their seats and their territorial competence, and may in no case abolish a court in order to remove a judge or to transfer a pending case.
Article 197(3): every person has access to a court within reasonable distance of their residence, and communes without a court are served by sittings held within them.
First instance and appeal
| Level | What it does | Provision |
|---|---|---|
| Communal and sub-regional | Try civil, criminal, labour, cooperative, administrative and ecological matters at first instance | Article 198(1) |
| Regional | Hear appeals on the facts and on the law, and decide finally | Article 198(2) and (3) |
| National Court | Cassation on the three grounds of Article 200(2) | Article 200(2) |
| Constitutional Court | The nine heads of Article 216(2), and the jurisdiction of Article 27 through its Ecological Chamber | Article 216(2) |
Specialised divisions
Organic law may establish divisions for labour, for cooperative and planning disputes, for ecological matters, and for the review of administrative acts. Article 199(2) provides that a division sits with assessors who have the technical knowledge the matter requires, who advise and have no vote. Article 199(3) provides that a division is no separate jurisdiction, and appeal lies as under Article 198.
The Ecological Chamber of the Constitutional Court sits with scientific assessors on the same terms under Article 221(2).
Ecological actions
The Constitution allows an action under Article 19 to be brought at first instance before any competent court, and gives the Ecological Chamber of the Constitutional Court the jurisdiction of Article 27. An applicant therefore chooses the ordinary courts or the Chamber, according to the remedy sought.
Judges
Judges are recruited by open competition upon published criteria, conducted anonymously so far as the exercise permits, administered by the Judicial Council. Article 203(1) fixes a single term of twelve years, never renewed, and forbids reappointment to the same court.
The judges of each court elect its president and heads of division by secret ballot for a single term of three years. Article 205(3) confines a leadership post to the administration of the court, and gives it no authority over the decisions of a judge, over the assignment of cases, over promotion, or over discipline.