Generalitat de Catalunya

ARTICLE 95. THE HIGH COURT OF JUSTICE OF CATALONIA

1. The High Court of Justice of Catalonia is the supreme jurisdictional body of the legal system in Catalonia and it is competent, under the terms established by the corresponding organic law, to hear the appeals and cases of the different jurisdictional areas, and to protect the rights recognised in this Estatut. In all cases, the High Court of Justice of Catalonia is competent in the areas of civil, penal, contentious-administrative and social law and other areas of law which may be created in the future.
2. The High Court of Justice of Catalonia is the supreme jurisdictional court for all court proceedings initiated in Catalonia, and for all appeals processed within its territorial sphere, regardless of the right invoked as applicable, in the terms established by the Organic Law of Judicial Power and without prejudice to the powers reserved to the Supreme Court for the unification of doctrine. The Organic Law of Judicial Power shall determine the scope and content of the afore-mentioned appeals.
3. The High Court of Justice of Catalonia has exclusive authority to unify interpretation of the law in Catalonia.
4. The High Court of Justice of Catalonia has the authority to rule in the extraordinary review appeals authorised by law against the final, enforceable rulings of the judicial bodies of Catalonia.
5. The president of the High Court of Justice of Catalonia is the representative of judicial power in Catalonia. He or she is nominated by the King, on the proposal of the General Council of Judicial Power, with the participation of the Council of Justice of Catalonia, in the terms determined by the Organic Law of Judicial Power. The President of the Generalitat orders the publication of this appointment in the Diari Oficial de la Generalitat de Catalunya.
6. The presidents of the chambers of the High Court of Justice of Catalonia are appointed on the proposal of the General Council of Judicial Power and with the participation of the Council of Justice of Catalonia, in the terms established by the Organic Law of Judicial Power.

ARTICLE 96. THE PUBLIC PROSECUTOR OF CATALONIA

1. The Public Prosecutor of Catalonia is the supreme prosecutor of the High Court of Justice of Catalonia, represents the Public Prosecution Service in Catalonia and is appointed under the terms established by his or her organic statute.
2. The President of the Generalitat orders the publication of the appointment of the Public Prosecutor of Catalonia in the Diari Oficial de la Generalitat de Catalunya.
3. The Public Prosecutor of Catalonia shall send a copy of the annual report of the Office of the Public Prosecutor of the High Court of Catalonia to the Government, to the Council of Justice of Catalonia and to Parliament, and shall present said report before the latter within six months of the date of publication.
4. The functions of the Public Prosecutor of Catalonia are those established by the Organic Statute of the Public Prosecution Service. The Generalitat may enter into agreements with the Public Prosecution Service.

ARTICLE 97. THE COUNCIL OF JUSTICE OF CATALONIA

The Council of Justice of Catalonia is the body governing judicial power in Catalonia. It acts as a deconcentrated body of the General Council of Judicial Power, without prejudice to the powers of the latter, in keeping with the provisions of the Organic Law of Judicial Power.


ARTICLE 98. POWERS

1. The powers of the Council of Justice of Catalonia are those established in this Estatut, in the Organic Law of Judicial Power, in the laws approved by Parliament, and those, where applicable, delegated by the General Council of Judicial Power.
2. The powers of the Council of Justice of Catalonia with respect to jurisdictional entities located in Catalan territory are, in accordance with the provisions of the Organic Law of Judicial Power as follows:
   1. Participation in the appointment of the president of the High Court of Justice of Catalonia, and in the appointment of the presidents of the chambers of the High Court and the presidents of the provincial courts.
   2. Proposal to the General Council of Judicial Power and announcement of the appointment and cessation of judges and magistrates temporarily incorporated into the judicial system for the purposes of assistance, support or substitution, and also determination of the nomination of these judges and magistrates to any judicial bodies that require reinforcement measures.
   3. Instruction of proceedings and, in general, exercise of disciplinary functions against judges and magistrates, in the terms established by law.
   4. Participation in the planning of inspection of courts and tribunals; ordering, where appropriate, their inspection and monitoring, and making proposals in this field; attending to the orders of inspection of courts and tribunals agreed by the Government, and reporting on the outcome and measures adopted.
   5. Reporting on any appeals lodged against decisions of the governing bodies of the tribunals and courts of Catalonia.
   6. Specification and application, where appropriate, of the regulations of the General Council of Judicial Power in Catalan territory.
   7. Provision of information on proposals for revision, delimitation and modification of territorial demarcations of jurisdictional bodies, and on proposals for the creation of divisions and courts.
   8. Presentation of an annual report to Parliament on the status and the functioning of the Administration of Justice in Catalonia.
   9. All the functions attributed to it by the Organic Law of Judicial Power and the laws of Parliament, and those delegated to it by the General Council of Judicial Power.
3. Resolutions of the Council of Justice of Catalonia regarding appointments, authorisations, licences and leave shall be adopted in accordance with the criteria approved by the General Council of Judicial Power.
4. The Council of Justice of Catalonia, through its president, shall notify the General Council of Judicial Power of resolutions adopted and initiatives undertaken, and shall provide any information that may be requested.

ARTICLE 99. COMPOSITION, ORGANISATION AND WORK

1. The Council of Justice of Catalonia is composed of the president of the High Court of Justice of Catalonia, who chairs the Council, and by the members appointed in accordance with the Organic Law of Judicial Power, from among judges, magistrates, prosecutors or jurists of recognised prestige. The Parliament of Catalonia appoints the members of the Council established by the Organic Law of Judicial Power.
2. The Council of Justice of Catalonia approves its own internal regulations governing organisation and functioning, in accordance with applicable regulations.

ARTICLE 100. CONTROL OF THE ACTS OF THE COUNCIL OF JUSTICE OF CATALONIA

1. The acts of the Council of Justice of Catalonia may be challenged by appeal to the General Council of Judicial Power, except those that have been issued in exercise of the powers of the autonomous community.
2. The acts of the Council of Justice of Catalonia that may not be challenged by appeal to the General Council of Judicial Power may be challenged jurisdictionally in the terms established by law.

ARTICLE 101. PUBLIC ENTRANCE EXAMINATIONS AND COMPETITIONS

1. The Generalitat proposes to the State Government, the General Council of Judicial Power, or the Council of Justice of Catalonia, as appropriate, that public entrance examinations and competitions be held to fill vacancies for magistrates, judges and public prosecutors in Catalonia.
2. The Council of Justice of Catalonia announces public competitions to fill vacancies for judges and magistrates in Catalonia in the terms established by the Organic Law of Judicial Power.
3. Candidates may choose to take examinations in public competitions and entrance examinations regulated by this Article which take place in Catalonia, in either of the two official languages.

ARTICLE 102. JUDICIAL AND OTHER STAFF IN THE EMPLOY OF THE ADMINISTRATION OF JUSTICE IN CATALONIA

1. Magistrates, judges and public prosecutors who occupy a post in Catalonia shall prove an adequate and sufficient knowledge of Catalan to ensure the linguistic rights of the citizens, in the form and within the scope determined by law.
2. Magistrates, judges and public prosecutors who occupy a post in Catalonia shall prove a sufficient knowledge of Catalan law in the form and within the scope determined by law.
3. In all cases, sufficient knowledge of the Catalan language and law shall be specifically and uniquely evaluated for the award of a post in the corresponding transfer competitions.
4. Staff in the service of the Administration of Justice and the Office of the Public Prosecutor in Catalonia must demonstrate an adequate and sufficient knowledge of both official languages that qualifies them to perform the functions of their position or post.

ARTICLE 103. HUMAN RESOURCES

1. The Generalitat has regulatory power over the non-judicial staff in the employ of the Administration of Justice, while respecting the juridical status of these personnel as established by the Organic Law of Judicial Power. In the said terms, this power includes regulation of:
   1. Organisation of these personnel into corps and grades.
   2. The selection process.
   3. Internal promotion, initial training, and continuous training.
   4. The provision of posts and promotions.
   5. Administrative situations.
   6. Salaries.
   7. The working day and the working schedule.
   8. The planning of professional activity and functions.
   9. Paid and unpaid leave, holidays, and incompatibilities.
   10. Staff records.
   11. Discipline
2. In the same terms as established in Section 1, the Generalitat has executive and management power concerning non-judicial staff in the employ of the Administration of Justice. This power includes:
   1. Approving public announcement of employment vacancies.
   2. Calling and ruling on all selection processes and making appointments.
   3. Appointment of civil servants who are selected.
   4. Provision of preliminary and continuous training.
   5. Preparation of lists of posts of employment.
   6. Calling for and resolving all the processes for the provision of posts of employment.
   7. Calling and deciding on all internal promotion processes.
   8. Management of the Staff Registers, in coordination with those of the State.
   9. Management of this staff in application of its statutory and salary systems.
   10. Exercise of disciplinary power and imposing any necessary sanctions, including dismissal.
   11. Exercising all the other necessary functions to guarantee effective and efficient human resource management in the Administration of Justice.
3. Within the framework of the provisions of the Organic Law of Judicial Power, an Act of Parliament may create corps of civil servants in the employ of the Administration of Justice which will be answerable to the public function of the Generalitat.
4. The Generalitat has exclusive power over all contracted staff in the employ of the Administration of Justice.

ARTICLE 104. MATERIAL RESOURCES

1. The material resources of the Administration of Justice in Catalonia correspond to the Generalitat. This power includes in all cases:
   1. Construction and refurbishment of judicial buildings and the buildings of the Office of the Public Prosecutor.
   2. Provision of goods and equipment for the judicial and public prosecution premises.
   3. Configuration, implementation and maintenance of computer and communication systems, without prejudice to the powers of coordination and standardisation which correspond to the State to ensure the compatibility of the system.
   4. Management and custody of archives, exhibits and seized property, in all those matters that are not of a jurisdictional nature.
   5. Participation in management of deposit accounts and judicial consignments and their returns, taking into account the volume of judicial activity taking place in the autonomous community and the effective costs of the services.
   6. Management, settlement and collection of judicial charges established by the Generalitat within the sphere of its powers over the administration of justice.

ARTICLE 105. JUDICIAL OFFICE, AND INSTITUTIONS AND SUPPORT SERVICES

In accordance with the Organic Law of Judicial Power, the Generalitat has the authority to determine the creation, design, organisation, resources, and management of judicial offices and support services for jurisdictional bodies, including the regulation of institutions, institutes and forensic medicine and toxicology services.

ARTICLE 106. FREE LEGAL SERVICE. MEDIATION AND CONCILIATION PROCESSES

1. The Generalitat has power to organise free legal services and free legal advice services.
2. The Generalitat may establish the instruments and procedures for mediation and for conciliation in the resolution of conflicts in matters within its powers.

ARTICLE 107. JUDICIAL DEMARCATION, ORGANISATION AND CAPITALS

1. Subject to the report of the Council of Justice of Catalonia, the Government of the Generalitat shall propose to the State Government the determination and review of judicial demarcation and organisation in Catalonia, at least every five years. This proposal, which is mandatory, shall accompany the Government bill sent by the Government to the Cortes Generales.
2. Modifications of judicial organisation that do not involve legislative reform may correspond to the Government of the Generalitat. Similarly, the Generalitat may create sections and courts, under delegation by the Government of the State, in the terms established by the Organic Law of Judicial Power.
3. The capitals of the judicial demarcations are established by an Act of Parliament.

ARTICLE 108. JUSTICE OF THE PEACE AND JUSTICE OF PROXIMITY

1. The Generalitat has power over justice of the peace under the terms established by the Organic Law of Judicial Power. In the same terms, appointment of judges corresponds to the Council of Justice of Catalonia. The Generalitat is also responsible for their allowances and for the provision of the necessary resources for them to carry out their duties. The creation of secretarial offices and their provision also corresponds to the Generalitat.
2. In the specified towns and in accordance with the provisions of the Organic Law of Judicial Power, the Generalitat may demand the establishment of a system of justice of proximity, with the aim of resolving minor conflicts speedily and efficiently.

ARTICLE 109. SUBROGATION CLAUSE

In addition to the powers expressly attributed to it in this Estatut, the Generalitat exercises all the functions and powers that the Organic Law of Judicial Power recognises for the State Government in relation to the Administration of Justice in Catalonia.