The Member State judicial systems are very diverse, reflecting differences in national judicial traditions.
In most Member States, there are different branches of courts. Generally, three main types of courts can be identified:
The ordinary courts usually deal with disputes in civil matters (i.e. disputes between citizens and/or businesses) and/or criminal matters. In addition, many Member States have established courts for specific matters, such as disputes between public authorities and citizens or businesses (administrative matters, etc.).
Moreover, various Member States have an institution or court to ensure that their constitution is respected. Many of these courts or institutions can be asked to verify whether a certain law or legislation is in line with the constitutional requirements. Some of them can hear individual cases, but usually only as a last resort.
Beyond the information provided in the country-specific pages (see the list of flags on the right side), you can find valuable information on the following European websites (the following list may not be exhaustive):
If you are involved in a judicial proceeding, or if you expect to be involved in one, you will need to identify the court that is competent to deal with your case or, in other words, which has jurisdiction. If you address the wrong court or if there is a dispute over the question of jurisdiction you run the risk of a considerable delay in the proceedings or even of a dismissal of your case because of a lack of jurisdiction.
If a court case has a cross-border dimension and involves, for example, parties living in different Member States, you will first have to identify in which Member State the proceedings should take place. The portal section "Going to Court " can guide you through this process.
Beyond the courts, in most Member States, the judicial system comprises other judicial authorities and institutions that exercise public authority, such as public prosecutors or in certain cases state attorneys, public notaries or bailiffs. As for private lawyers, notaries and related professions with important functions in the judicial system, please see the page on legal professions.
The public prosecutors' office or prosecution service, which is regarded as part of the judiciary in many Member States, plays an essential role in criminal proceedings. The responsibilities and status of public prosecutors vary considerably among Member States. Related information can be found by selecting a relevant Member State flag in the section on ordinary courts, and also at the following websites:
This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice with regard to copyright rules for European pages.
The Belgian judicial system is a system in the civil law tradition, in which a set of codified rules is applied and interpreted by judges.
The organisation of the courts in Belgium is a solely federal responsibility.
Before setting out the court system in Belgium, it is useful to look at some constitutional and general principles relating to the organisation of the judiciary.
Alongside the legislative power and the executive power, the Constitution established the judicial power, exercised by the law courts. The courts thus constitute an independent power alongside the other constitutional powers.
The judicial power is exercised by the courts in accordance with the constitutional and legal provisions. The role of the judiciary is to judge cases. When it rules in disputes between citizens, it applies the civil law, and where a person has committed an offence it applies the criminal law. A distinction is made between the judges adjudicating cases in court (la magistrature assise/de zittende magistratuur, ‘sitting judges’) and the law officers who work in the State Counsel’s Office or Prosecutor’s Office (ministère public/openbaar ministerie), who essentially bring prosecutions (la magistrature debout/de staande magistratuur, ‘standing judges’, also known as the parquet/parket, ‘the well of the court’).
Under Articles 144 and 145 of the Constitution, disputes about civil rights belong exclusively to the competence of the courts, and disputes concerning political rights belong to the competence of the courts except where otherwise provided for by the law.
A court or other body capable of rendering judgment can be established only by statute. Under Article 146 of the Belgian Constitution, no extraordinary courts or commissions may be created, no matter what they may be called.
Court hearings are public, unless public access would endanger morals or the peace; if such is the case, the Court so declares in a judgment (Article 148(1) of the Constitution). The principle of public hearings ensures the transparency of justice.
A judgment must state the reasons on which it is based. It is delivered in public (Article 149 of the Constitution). The requirement to give reasons imposed by the Constitution and by Article 780 of the Judicial Code (Code Judiciaire/Gerechtelijk Wetboek) means that the court must respond to the factual and legal arguments put forward in the parties’ submission. The reasons must be given in full and must be clear, precise and sufficient. The requirement to give reasons, like the independence of the judiciary, protects the litigant against possible arbitrary action, and he or she can decide in the light of the reasons given whether to lodge an appeal before an appeal court or the Court of Cassation (Cour de cassation/Hof van Cassatie).
Article 151(1) of the Constitution provides for the independence of judges in the exercise of their office, and the independence of the State Counsel’s Office in the conduct of investigations and prosecutions in individual cases, subject only to the right of the responsible minister to order that a prosecution be brought and to issue binding criminal policy guidelines, including guidelines on investigation and prosecution policy.
Under Article 151(4), judges are appointed by the King under the conditions and in the manner specified by the law.
Judges are appointed for life. They retire at an age determined by law and receive a pension provided for by law. A judge can be deprived of his or her position or suspended only by a court judgment. A judge can be transferred only by appointing him or her to a new position and only with his or her consent (Article 152 of the Constitution). Officers of the State Counsel’s Office are likewise appointed and dismissed by the King (Article 153 of the Constitution).
Salaries of members of the judiciary are determined by the law (Article 154 of the Constitution).
Judges cannot accept a salaried position from a government, unless they act free of charge and the position does not entail an incompatibility as determined by the law (Article 155 of the Constitution).
Belgium has five major judicial areas, each within the jurisdiction of a court of appeal (cour d’appel/hof van beroep), of which there are five: Brussels, Liege, Mons, Ghent and Antwerp.
These areas are divided into judicial districts (arrondissements judiciaires/gerechtelijke arrondissementen), each having a court of first instance (tribunal de première instance/rechtbank van eerste aanleg). There are 12 judicial districts in the country. The Brussels judicial district has two courts of first instance, one of which is Dutch-speaking and the other French-speaking.
In addition, the judicial districts have 9 labour tribunals (tribunaux du travail/arbeidsrechtbanken) and 9 commercial courts (tribunaux de commerce/rechtbanken van koophandel).
The districts are divided, in turn, into judicial cantons (canton judiciaire/gerechtelijk kanton), each with a civil magistrate’s court (justice de paix/vredegrerecht). There are 187 cantons in the country.
Each of the ten provinces, as well as the Brussels Capital administrative district, has an assize court (cour d’assises/hof van assisen). The assize court is not a permanent court. It is convened whenever an accused person is committed for trial before it.
The type of court that must hear the case is determined by the nature and severity of the offence, or the nature of the dispute, and also the size of the sums involved.
In some circumstances it is the nature of the dispute that determines the court with jurisdiction. Thus, a civil magistrate’s court has jurisdiction over neighbourhood disputes, and the court of first instance has jurisdiction over divorce. In other cases it is the capacity of the parties that determines the appropriate court. Generally, most disputes between traders go before the commercial court.
Once the type of court with jurisdiction has been determined, it is necessary to designate the place where the case will be considered.
In civil matters the proceedings may be heard before the court of the defendant’s place of residence or before the court of the place where the obligation was contracted or was to be performed.
In criminal matters jurisdiction lies with the court of the place where the offence was committed, the court of the place where the suspect resides, or the court of the place where the suspect may be found. In the case of legal persons, the court with jurisdiction is the court of the place where the legal person has its registered office or its principal place of business.
The ordinary courts are organised in a hierarchy. The structure of courts is as follows:
4 | COURT OF CASSATION | |||
3 | Appeal courts | Labour courts | Assize courts | |
2 | First instance courts | Labour tribunals | Commercial courts | |
1 | Civil magistrates | Police courts | ||
The judgments of lower courts are called jugements/vonnissen. Judgments of the appeal courts, the employment courts, the assize courts and the Court of Cassation are called arrêts/arresten.
Civil courts mainly deal with private disputes between persons, both natural and legal.
The purpose of the criminal courts is to penalise the perpetrators of punishable acts by means of the sentences prescribed by law (imprisonment, community service, fine, etc.).
There are occasions when one of the parties does not agree with a judgment. Various forms of redress are open to the parties to the litigation or, in certain cases, to third parties to obtain a fresh judgment. Redress procedures fall into two categories: ordinary redress procedures and extraordinary redress procedures.
There are two types of ordinary redress procedure: objection (opposition/oppositie) and appeal on points of fact and law (appel/hoger beroep).
The objection procedure allows a defendant to object to a judgment. In this case, the case can be reconsidered by the court that ruled on it.
Apart from a limited number of instances when it is not possible, appeal on points of fact and law is a right that may be exercised by any of the parties concerned. A convicted person, a party claiming damages, an applicant, a defendant or the State Counsel’s Office have the opportunity to have the case heard a second time. The appeal is always considered by a court higher than the one delivering the initial judgment.
The following table gives an overview of the courts dealing with appeals, depending on which body issued the judgment being appealed:
Judgment | Appeal | |
Civil magistrate | civil cases | Court of first instance (civil section) |
commercial cases | Commercial court | |
Police court | criminal cases | Court of first instance (Criminal court) |
civil cases | Court of first instance (Civil court) | |
Labour tribunal | Labour court | |
Court of first instance | Court of appeal | |
Commercial court | Court of appeal |
At the appeal stage the judges (of the court of first instance or the court of appeal) deliberate the merits of the case for a second and last time and give a final ruling. The parties, however, still have the opportunity to bring an appeal on points of law (pourvoi/cassatieberoep) before the Court of Cassation.
In addition to these ordinary redress procedures, therefore, there are ‘extraordinary’ procedures, the main one being the appeal on points of law to the court of Cassation. Appeal to the Court of Cassation does not constitute a third instance or a third level of court. The Court of Cassation does not examine the facts of the case referred to it, but rather whether the judgment complies with the law.
In addition to the courts mentioned above, two other types of court exist in Belgium. They have a monitoring role: the Council of State (Conseil d'Etat/Raad van State) and the Constitutional Court (Cour Constitutionnelle/Constitutionele Hof). The Council of State is a superior administrative court and monitors the administration. It considers applications from members of the public who believe that an administrative body has not observed the law. The role of the Constitutional Court is to ensure that acts, decrees and ordinances are in conformity with the Constitution and to oversee proper separation of powers between the public authorities.
The portal of the judiciary of Belgium gives access, among other things, to judgments, legislation and the Official Gazette (Moniteur belge/Belgisch Staatsblad).
Yes, access to the database is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The administration of justice in Bulgaria is based on three instances. The courts are state bodies that administer justice in civil, criminal and administrative cases.
The following courts exist in Bulgaria:
The organisation and activities of the Bulgarian courts are governed by the Judicial System Act, which lays down the structure and operating principles of the judicial bodies and governs their interaction with each other and with the legislative and executive bodies.
Under the Judicial System Act, published in State Gazette No 64/2007, the Supreme Judicial Council is the highest administrative authority and is responsible for managing the judiciary and ensuring its independence. It determines the composition and organisation of the judiciary and manages its affairs without interfering with the independence of the bodies concerned.
The Supreme Judicial Council determines the number of judicial districts and the seats of the district, provincial, administrative and appeal courts on the basis of a proposal by the Minister of Justice and – as regards military courts – in coordination with the Minister of Defence.
The territorial jurisdictions of the district, provincial, administrative, military and appeal courts do not necessarily coincide with the administrative division of the country.
District courts – The district courts are the main courts for examining cases in the first instance. Their decisions are subject to appeal before the relevant provincial court.
Provincial courts – The provincial courts act as courts of first and second instance. As courts of first instance, they examine a precisely defined category of cases involving significant sums or substantial societal interest. When acting as a second (appellate) instance, they re-examine decisions taken by the district courts.
Administrative courts - The administrative courts have jurisdiction over all actions seeking: the issue, amendment, repeal or annulment of administrative acts; a declaration that an agreement covered by the Administrative Procedure Code is null or void; redress against unwarranted actions and omissions by the administration; protection against unlawful coercive enforcement; compensation for injury resulting from unlawful acts, actions or omissions by administrative authorities and officials; compensation for injury resulting from coercive enforcement; the annulment, invalidation or setting-aside of judgments rendered by administrative courts; a finding that an administrative act covered by the Administrative Procedure Code is not authentic.
Anyone can bring a legal action for ascertainment of the existence or non-existence of an administrative right or legal relationship, provided he or she has an interest and no other remedy is available.
Cases are examined by the Administrative Court within whose geographical jurisdiction the seat of the authority which issued the contested administrative act is located. If that seat is located abroad, cases are referred to the Sofia City Administrative Court.
Administrative acts directly implementing Bulgaria's national foreign, defence or security policy are not subject to judicial appeal, unless otherwise provided for in law.
Other Specialised Courts
Military courts examine, as courts of first instance, criminal cases concerning offences allegedly committed in the performance of their duties, or in connection therewith, by generals, officers, non-commissioned officers and rank-and-file in the Bulgarian army, civilian staff at the Ministry of Defence and personnel at other ministries and agencies within the structures reporting to the Minister of Defence, at the National Security Agency and at the National Intelligence Service. For such cases, the court of second instance is the Military Court of Appeal. The Criminal Procedure Code sets out the jurisdiction of the military courts. These courts have the same status as a provincial court.
There is only one Military Court of Appeal, which examines appeals and objections lodged against decisions handed down by military courts nationwide.
The courts of appeal consider appeals and objections against first-instance rulings by provincial courts within their territorial jurisdictions.
The Specialised Criminal Court, which has its seat in Sofia, is equivalent to a provincial court. Its jurisdiction is laid down by law. The criminal offences coming under the jurisdiction of the Specialised Criminal Court – essentially those committed by or for organised criminal groups – are exhaustively listed in Article 411а of the Criminal Procedure Code.
The Specialised Criminal Court of Appeal considers appeals and objections lodged against decisions handed down by the Specialised Criminal Court.
The Supreme Court of Cassation is the supreme judicial instance in criminal and civil cases. Its jurisdiction covers the entire territory of the Republic of Bulgaria. It exercises supreme judicial review over the proper and uniform application of laws by all courts. It has its seat in Sofia.
The Supreme Administrative Court exercises supreme judicial review over the proper and uniform application of laws by administrative courts.
The Supreme Administrative Court deals with complaints and objections against acts by the Council of Ministers, Prime Minister, Deputy Prime Minister, ministers, heads of other institutions directly subordinate to the Council of Ministers, acts of the Supreme Judicial Council, acts of the Bulgarian National Bank, acts of district governors and other acts established by statute; it adjudicates on challenges to the lawfulness of statutory instruments of secondary legislation; as a cassation instance, it examines judicial acts, adjudicates in administrative cases and examines applications for final judicial decisions in administrative cases to be set aside.
Arbitration Court at the Bulgarian Chamber of Commerce and Industry
The Arbitration Court settles civil disputes and disputes over filling gaps in contracts or adapting contracts to new circumstances, regardless of whether one or both parties have their registered office or domicile in the Republic of Bulgaria.
Constitutional Court of the Republic of Bulgaria
The Bulgarian Constitutional Court acts as guarantor for the irreversibility of the democratic processes in Bulgaria, the realisation of which is the Constitution's main aim. This court is not part of the judicial system; it is an independent body which derives its powers directly from the Constitution and which operates under a special law. The Court's decisions on, inter alia, the protection of citizens' human rights and legal interests, the separation of powers, the inviolability of private property, free enterprise, the independence of the media, the prohibition of censorship and the constitutionality of the Framework Convention for the Protection of National Minorities have won considerable public and international acclaim.
Legal database
Every court in Bulgaria maintains a website, which provides information both on the court's structure and activities and on cases past and present.
The website of the Supreme Judicial Council provides a detailed list of the courts in Bulgaria, along with their addresses and websites (available in Bulgarian only).
The main court websites are:
Electronic legislation databases:
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The judicial system in the Czech Republic consists of the Constitutional Court of the Czech Republic and the 'ordinary' court system.
The ordinary court system consists of the Supreme Court (nejvyšší soud), the Supreme Administrative Court (nejvyšší správní soud), high courts (vrchní soudy), regional courts (krajské soudy) and district courts (okresní soudy).
The central state administrative body for the courts is the Ministry of Justice of the Czech Republic.
The Ministry of Justice administers the high courts, regional courts and district courts within the scope of Act No 6/2002 on law courts and judges, either directly or through the Presidents of the courts; the district courts may also administered by the Ministry of Justice through the Presidents of the regional courts.
Some central government tasks are carried out by the President of the Supreme Court of the Czech Republic (or the Vice-President where appropriate) and the President of the Supreme Administrative Court of the Czech Republic (or the Vice-President where appropriate).
The state administration of the courts is carried out taking into account the observations of the relevant Councils for the Judiciary established within the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic, the high courts, regional courts and all district courts.
Certain administrative activities are carried out by the administrative director of the court, who reports to the President of the court.
Types of courts - short description
The ordinary court system consists of four organisational branches:
The Czech Republic has a two-instance system, which is a determining factor in the hierarchical organisation of the system of remedies. From this point of view, the hierarchical relationship between the courts, based on the level of that branch within the judicial system, has three tiers.
Further information is set out in the section on the ordinary court system in the Czech Republic.
District courts
(a) rule as courts of first instance except where otherwise laid down by acts concerning court proceedings
(b) rule on other cases laid down by the Act.
Regional courts
(a) rule on cases laid down by the Act concerning court proceedings as courts of second instance in cases decided at first instance by the district courts belonging to their areas;
(b) rule on cases laid down by the Act concerning court proceedings as courts of first instance;
(c) rule on matters of administrative justice in cases laid down by the Act;
(d) rule on other cases laid down by the Act.
High courts
(a) rule on cases laid down by the Act concerning court proceedings as courts of second instance in cases decided at first instance by the regional courts belonging to their areas;
(b) rule on other cases laid down by the Act.
Supreme Court of the Czech Republic
As the supreme judicial authority in matters relating to the jurisdiction of the courts in civil and criminal proceedings, the Supreme Court of the Czech Republic ensures the consistency and legality of decisions by
(a) ruling on extraordinary appeals in cases laid down by the Acts concerning court proceedings;
(b) ruling on other cases laid down by specific legislation or by an international treaty ratified by Parliament which is binding on the Czech Republic and has been promulgated.
The Supreme Court also rules on:
(a) the recognition and enforcement of judgments by foreign courts, where required by specific legislation or by an international treaty ratified by Parliament which is binding on the Czech Republic and has been promulgated;
(b) other cases laid down by specific legislation or by an international treaty ratified by Parliament which is binding on the Czech Republic and has been promulgated.
The Supreme Court monitors and assesses the final judgments by courts in civil and criminal proceedings, and on the basis thereof, in the interests of consistent decision-making by the courts, delivers opinions concerning decision-making by the courts in particular types of case.
Supreme Administrative Court of the Czech Republic
As the supreme judicial authority in matters relating to the jurisdiction of the courts in the administrative judiciary, the Supreme Administrative Court ensures the consistency and legality of decisions by ruling on applications for review in cases laid down by the Act and by ruling on other cases laid down by this or a specific Act.
The Supreme Administrative Court monitors and assesses the final decisions taken by courts in the administrative judiciary, and on the basis thereof, in the interests of consistent decision-making by the courts, delivers opinions concerning decision-making by the courts in particular types of case.
In the interests of legal and consistent decision-making by administrative authorities, the Supreme Administrative Court may, in cases laid down by this Act and using a procedure laid down therein, decide on a fundamental resolution as part of its decision-making activity.
Portal of the Public Administration
Both internet portals may be accessed free of charge.
Brief description of content
The Justice Portal contains information on the Ministry of Justice, individual courts, the Public Prosecutor and their contact details.
The official government portal provides the legislation of the Czech Republic published in the Collection of Acts.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Denmark.
The Danish courts system is composed of:
The courts are administered by the Danish Court Administration, which was established as a new independent institution on 1st July 1999. This body ensures the proper and adequate administration of the funds, staff, buildings and IT of the courts and the Appeals Permission Board.
The Danish Court Administration is headed by a board of governors and a director. The Danish Court Administration falls under the Ministry of Justice, but the Minister has no powers of instruction and cannot change decisions made by the Danish Court Administration.
The board of governors is the chief executive and generally liable for the activities of the Danish Court Administration. The director – who is appointed and may be discharged by the board of governors – is responsible for day-to-day management. The director is not required to hold a law degree.
The Danish Court Administration Act determines the composition of the Danish Court Administration's board of governors. The board of governors has 11 members, eight of whom are court representatives, one a lawyer and two who have special management and social insights.
For more information, please consult the continuously updated overview and description of the Danish judicial system.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Because of the federal order of the Federal Republic of Germany, the court system is also structured federally. Jurisdiction is exercised by federal courts and by the courts of the 16 federal states (Länder). The main workload of the administration of justice lies with the Länder.
The German court system is divided into five independent specialised branches or jurisdictions:
In addition to these specialised jurisdictions, there is the constitutional jurisdiction, which consists of the Federal Constitutional Court and the constitutional courts of the Länder.
You can see an overview of the structure of the courts on website of the German Federal Ministry of Justice.
The courts of the Länder are generally administered by the federal ministries of justice. At the federal level, the Federal Minister of Justice is responsible for the Federal Court of Justice, the Federal Administrative Court and the Federal Finance Court. The Federal Ministry of Labour and Social Affairs is responsible for the Federal Labour Court and the Federal Social Court.
The responsible ministries also administer the necessary budgetary resources. The only exception is the Federal Constitutional Court, which has been granted organisational autonomy as an independent constitutional organ. It presents its own court budget for approval.
In Germany, the court structure is divided between ordinary jurisdiction and specialised courts. The ordinary jurisdiction consists of the civil and criminal jurisdiction. The specialised courts are the administrative courts, the finance courts, the labour courts and the social courts. In addition, there is the constitutional jurisdiction, which consists of the Federal Constitutional Court and the constitutional courts of the Länder.
See the hierarchy of courts (overview) provided by the Federal Ministry of Justice.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Estonia.
The Estonian Constitution requires that justice be administered solely by courts. Courts must administer justice in accordance with the Constitution and other laws. Pursuant to the Constitution, the Estonian court system has exclusive competence to administer justice. A court is separate from both the executive and legislative spheres in the performance of its duties.
Courts of first and second instance are administered by the Ministry of Justice together with the Council for Administration of Courts. The Council for Administration of Courts is an advisory board set up to run the court system and its work is directed by the Chief Justice of the Supreme Court. The courts of first and second instance are financed from the State budget, through the budget of the Ministry of Justice. The Supreme Court is independently responsible for its own administration and has its own budget.
The Council for Administration of Courts is composed of:
You can find more information on the Council for Administration of Courts here.
Estonia’s court system consists of three levels:
As general courts, county courts hear civil, criminal and misdemeanour cases. As courts of first instance, administrative courts hear those administrative cases which are placed under their jurisdiction by law. District courts are courts of second instance which scrutinise rulings given by the country and administrative courts in the event of an appeal. The Supreme Court is the highest court and hears appeals in cassation lodged against district court rulings. The Supreme Court is also the court of constitutional review.
General information on the Estonian legal system can be found on the website of the Ministry of Justice.
An overview of the court system in Estonia can be found on the Courts website.
Access to information concerning the Estonian legal and court system is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section gives you an overview of the court system in Ireland.
The Courts Service, which is an independent corporate body that came into existence in November 1999 and was established by the Government under the Courts Service Act, 1998, has the following statutory responsibilities:
a. To manage the courts,
b. To provide support services for the judges,
c. To provide information on the courts system to the public,
d. To provide, manage and maintain court buildings, and
e. To provide facilities for users of the courts.
The Constitution of Ireland prescribes that justice shall be administered in courts established by law by judges appointed by the President on the advice of the Government; the judges of all courts are under the Constitution completely independent in the exercise of their judicial functions. A judge may not be removed from office except for stated misbehaviour or incapacity and then only on foot of resolutions passed by both Houses of the Oireachtas (Parliament).
The Constitution outlines the structure of the court system as comprising a court of final appeal, the Supreme Court, the Court of Appeal which has jurisdiction in both criminal and civil matters, and courts of first instance which include a High Court with full jurisdiction in all criminal and civil matters and courts of limited jurisdiction, the Circuit Court and the District Court organised on a regional basis.
In relation to criminal trials, Article 38 states that "No person shall be tried on any criminal charge save in the due course of law". Minor offences are tried in courts of summary jurisdiction while a person accused of a more serious offence cannot be tried without a jury. The Constitution also makes provision for the establishment of Special Courts to secure the effective administration of justice where the ordinary courts would be unable to do so.
The public are welcome to enter all courts except those displaying the 'in camera' sign which means that the case is not open to the general public.
Supreme Court | Court of Appeal |
(Based in Dublin) Appellate Jurisdiction | (Based in Dublin) Appellate Jurisdiction |
High Court | Circuit Court |
(Based in Dublin) | (Based in each of the 26 county towns) Original Jurisdiction up to €75,000. (€60,000 in personal injuries actions) and appellate Jurisdiction from the District Court and certain other tribunals |
District Court | |
(Based in 24 districts) Original jurisdiction up to €15,000 (Includes Small Claims procedure for certain consumer claims up to €2,000) |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Greece.
Organisation of justice - judicial systems
Justice in Greece is one of the three functions of the State. According to the principle of separation of powers, the judiciary is independent from the legislative and executive authorities.
Courts in Greece are divided into the following main categories:
The Courts are managed by judicial officers and, in particular, by the President of the Court or the Three-Member Council of the Court, as appropriate.
Athens Administrative Court of First Instance
Public Prosecutor’s Office at the Athens Court of First Instance
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
In terms of contemporary legal systems, the Spanish system follows what is known as the continental model.
The basic features of this model are:
The Spanish Constitution of 1978 states that Spain is a social and democratic state subject to the rule of law, which advocates liberty, justice, equality and political pluralism as the overriding values of its legal system.
The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards, and it recognises and guarantees the right to self‑government of the nationalities and regions of which it is composed, and solidarity among them all.
Title VI of the Constitution is given over to the judiciary, with Article 117 stating that the principle of the unity of the judicial power is the basis for the organisation and operation of the courts.
All these principles inform the organisation of the courts in Spain, resulting in the existence of a single judiciary making up the ordinary courts.
Numerous courts exist, among which the work is distributed according to criteria for determining jurisdiction – subject matter, amount, person, function or region – since the unity of the judicial power does not preclude the existence of different courts with different areas of jurisdiction.
The ordinary courts are those regulated by the Organic Law on the Judiciary provided for in Article 122 of the 1978 Constitution.
A distinction must be made between three fundamental aspects:
In accordance with the explanatory memorandum to Organic Law 6/1985 of 1 July 1985 on the Judiciary, the State is divided territorially, for judicial purposes, into municipalities, districts (partidos), provinces and autonomous communities, with jurisdiction over them being exercised by justice of the peace courts (Juzgados de Paz), courts of first instance and preliminary investigations (Juzgados de Primera Instancia e Instrucción), administrative courts (Juzgados de lo Contencioso-Administrativo), labour tribunals (Juzgado de lo Social), courts responsible for the welfare and supervision of prisoners (Juzgados de Vigilancia Penitenciaria) and juvenile courts (Juzgados de Menores), provincial courts (Audiencias Provinciales) and the autonomous communities’ high courts (Tribunales Superiores de Justicia). The National Criminal and Administrative Court (Audiencia Nacional), the Supreme Court (Tribunal Supremo), the central courts of preliminary investigations (Juzgados Centrales de Instrucción) and the central administrative courts (Juzgados Centrales de lo Contencioso-administrativo) have nation-wide jurisdiction.
A single judge sits in all the courts with the exception of the Supreme Court, the National Criminal and Administrative Court, the autonomous communities’ high courts and the provincial courts.
The Supreme Court comprises its president, the divisional presidents (presidentes de sala) and the judges (magistrados) assigned by the law to each division. There are five divisions: civil, criminal, administrative, labour and military.
The National Criminal and Administrative Court (Audiencia Nacional) consists of a president, the divisional presidents and the judges assigned by the law to each division (appeals, criminal, administrative and labour).
The autonomous communities’ high courts (Tribunales Superiores de Justicia) comprise four divisions (civil, criminal, administrative and labour). They consist of a president, who is also the president of the civil and criminal divisions, the divisional presidents and the judges assigned by the law to each division.
The provincial courts (Audiencias Provinciales) comprise one president and two or more judges. They hear civil and criminal cases. There may be sections with the same composition.
The Courts Office
The Organic Law on the Judiciary defines the Courts Office (Oficina Judicial) as an administrative organisation which acts as a support for the judicial work of judges and courts.
It was designed to improve the efficiency, effectiveness and transparency of judicial proceedings, to streamline the resolution of cases, and to encourage cooperation and coordination between the various administrations. The launch of this Office is thus a response to the undertaking to ensure a quality public service that is close to the people, complies with constitutional values and is in keeping with the actual needs of citizens.
It is a new organisational model that introduces modern management techniques based on a combination of different administrative units: units providing direct support for judicial procedures equivalent to the old courthouses (juzgados), which support the judge in his judicial duties, and common procedural services headed by registrars (Secretarios Judiciales), which carry out and decide on all the tasks that are not strictly judicial such as receiving documents, handling summonses, enforcing decisions, non-judicial proceedings, admission of a petition for trial, notification of parties, remedying of procedural shortcomings, etc.
There are three types of common procedural services:
The new organisational model was launched in Burgos and Murcia in November 2010. In February 2011, the Courts Office was established in Cáceres and Ciudad Real, and in Leon, Cuenca and Mérida in June 2011. It will also be established in Ceuta and Melilla in 2013. This model coexists alongside the former model of courthouses (juzgados and tribunals) which is found elsewhere in Spain.
In addition to the territorial aspect, the matters or issues that can come before the courts are of different kinds, and are dealt with by four systems of courts:
Civil courts: deal with disputes not explicitly assigned to another class of court. They can therefore be described as ordinary courts.
Criminal courts: criminal cases and proceedings must be dealt with in the criminal system. In Spanish law, however, civil action arising out of a criminal offence can be brought at the same time as the criminal action. In such a case, the appropriate damages to be paid in order to make good the loss caused by the offence or misdemeanour will be determined by the criminal court.
Administrative courts: examine the legality of acts carried out by the authorities and financial claims made against them.
Labour tribunals: deal with claims made under labour law, both in individual disputes between workers and employers arising from the employment contract, and in relation to collective bargaining, as well as social security claims or claims against the state when it bears liability under employment legislation.
In addition to these four court systems, there are also military courts in Spain.
The military courts are an exception to the principle of the unity of the judicial power.
For further information please consult the factsheet on ordinary courts in Spain.
In Spain no system of extraordinary courts exists; however, in the context of the judicial systems mentioned, special courts have been created for specific matters, for example courts dealing with violence against women, courts responsible for the welfare and supervision of prisoners and juvenile courts. These are ordinary courts but are specialised in a particular area. For more information, see the factsheet on specialised courts in Spain.
The system of appeals gives rise to a hierarchical structure of courts within the appeal system.
You must find out what the Spanish legal system says as regards the jurisdiction of each court in order to see what possibilities of appeal exist and before which court an appeal must be lodged. For further information, see the factsheet on ordinary courts in Spain.
Yes, access is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides an overview of the organisation of the courts.
1. First instance:
Civil courts
Criminal courts
2. Second instance: Courts of appeal (cours d’appel)
3. Court of Cassation (Cour de cassation)
1. First instance
2. Second instance:
3. Council of State (Conseil d’Etat)
More information can be found on the Council of State website.
Access to legal databases in France is provided via the Internet as a public service. The Légifrance site covers:
Access to these databases is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The Constitution of the Republic of Croatia provides that authority in the Republic of Croatia is organised according to the principle of tripartite separation of powers, so that legislative authority is exercised by the Croatian Parliament, executive authority by the Government of the Republic of Croatia and judicial authority by the courts of the Republic of Croatia; the authorities cooperate with and check each other, while maintaining independence from the other branches of authority in their work and decision-making. As holders of judicial authority, the courts administer justice according to the Constitution, laws, regulations and international treaties which the Republic of Croatia has signed and ratified. Judicial office is held by judges appointed by the State Judicial Council. In exercising their judicial office, judges must be independent and autonomous and they enjoy immunity in accordance with the law. Judicial office is permanent, and a judge may not perform any other duty.
The judicial (justice) system of the Republic of Croatia consists of the judiciary (courts), autonomous and independent judicial bodies (public prosecutor’s offices), the executive (Ministry of Justice), autonomous and independent bodies (State Judicial Council and Council of Public Prosecutors), an autonomous and independent service (legal profession), an autonomous and independent public service (notaries) and a public institution (Judicial Academy).
The task of the Ministry of Justice is to preserve the fundamental values of the legal order, to ensure the conditions for its sound functioning and to further develop the judicial system.
The Ministry of Justice performs:
right of ownership, property matters relating to expropriation and other restrictions on ownership, property matters concerning construction, agricultural and forest land, land consolidation, the sale and purchase of land and buildings and those agricultural operations that do not fall within the remit of another government body, the property of foreign nationals, compensation for property confiscated during the Yugoslav communist rule that do not fall within the remit of another government body, and matters concerning the succession of property, rights and liabilities of the former Socialist Federal Republic of Yugoslavia (SFRY);
The Courts Act (Zakon o sudovima) regulates the organisation, remit and jurisdiction of the courts.
In the Republic of Croatia, judicial authority is exercised by the courts as separate bodies of state authority. They exercise their authority autonomously and independently within the scope and jurisdiction prescribed by law.
The courts take decisions on the basis of the Constitution of the Republic of Croatia, international treaties that form part of the legal order of the Republic of Croatia, laws and other regulations that have been adopted in accordance with the Constitution of the Republic of Croatia, international treaties or laws.
The courts decide on cases concerning fundamental human rights and obligations, the rights and obligations of the Republic of Croatia and of local and regional self-government units and the rights and obligations of other legal persons; impose penalties and other measures against the perpetrators of crimes, misdemeanours and offences specified by law and other regulations; review the legality of general and individual acts of the public administration authorities; decide on disputes concerning the personal relations of citizens, labour, commercial, property and other civil cases; and decide on other legal cases as provided for by law. Courts administer justice according to the Constitution, international treaties, laws and other valid sources of law.
Judicial authority in the Republic of Croatia is administered by the ordinary and specialised courts, and the Supreme Court of the Republic of Croatia (Vrhovni sud Republike Hrvatske), which is also the highest court in the Republic of Croatia.
Ordinary courts are courts which deal with matters over which no specialised court has jurisdiction. These are the municipal courts (općinski sudovi) and county courts (županijski sudovi).
Specialised courts are courts which deal with matters over which the law has given them jurisdiction. They are commercial courts (trgovački sudovi), administrative courts (upravni sudovi), misdemeanour courts (prekršajni sudovi), the High Commercial Court of the Republic of Croatia (Visoki trgovački sud Republike Hrvatske), the High Administrative Court of the Republic of Croatia (Visoki upravni sud Republike Hrvatske) and the High Misdemeanour Court of the Republic of Croatia (Visoki prekršajni sud Republike Hrvatske).
The courts are further divided into courts of first and second instance.
Proceedings to settle a legal matter are brought before the courts of first instance. These are the municipal, administrative, misdemeanour and commercial courts.
The courts of second instance take decisions on appeal against decisions of courts of first instance and carry out other tasks laid down by law. These are the county courts (in relation to municipal courts), the High Commercial Court of the Republic of Croatia (in relation to commercial courts), the High Misdemeanour Court of the Republic of Croatia (in relation to misdemeanour courts) and the High Administrative Court of the Republic of Croatia (in relation to administrative courts).
Municipal and misdemeanour courts are established for the territory of one or more municipalities, one or more towns or parts of an urban area, whereas the county, commercial and administrative courts are established for the territory of one or more counties.
The High Commercial Court of the Republic of Croatia, the High Administrative Court of the Republic of Croatia, the High Misdemeanour Court of the Republic of Croatia and the Supreme Court of the Republic of Croatia are established for the territory of the Republic of Croatia.
The Supreme Court of the Republic of Croatia is based in Zagreb.
Supreme Court of the Republic of Croatia
Trg Nikole Šubića Zrinskog 3
10 000 Zagreb
Tel.: +385 1 486 22 22, +385 1 481 00 36
Fax: +385 1 481 00 35
Email: vsrh@vsrh.hr
http://www.vsrh.hr/
The President of the Supreme Court of the Republic of Croatia represents the Supreme Court of the Republic of Croatia and the judicial authority, and performs court administration tasks and other tasks defined by law and by the Rules of Procedure of the Supreme Court of the Republic of Croatia.
The President of the Supreme Court is elected for a period of four years by the Croatian Parliament, following a proposal from the President of the Republic of Croatia once the General Assembly (Opća sjednica) of the Supreme Court of the Republic of Croatia and the competent committee of the Croatian Parliament have given their opinion, and may be re-elected for the same post at the end of that period. No one may be elected for this post more than twice.
Anyone who fulfils the general and specific conditions to be a judge of the Supreme Court of the Republic of Croatia may be elected President of that court. If a person who has not served as a judge in the Supreme Court of the Republic of Croatia is elected President of that court, the State Judicial Council will appoint that person also as a judge of that court.
The Territories and Seats of Courts Act (Zakon o područjima i sjedištima sudova) (Narodne novine (NN; Official Gazette of the Republic of Croatia) No 67/18) implemented a territorial organisation and further rationalisation of the court network, creating 15 county courts, 34 municipal courts, 9 commercial courts and 4 administrative courts.
Territories and Seats of Courts Act
The judicial authorities in the Republic of Croatia comprise courts and public prosecutor’s offices.
Supreme Court of the Republic of Croatia
County courts (15) | High Commercial Court (1) | High Administrative Court (1) | High Misdemeanour Court (1) |
Municipal courts (34) | Commercial courts (9) | Administrative courts (4) |
The Public Prosecutor's Office is an autonomous and independent judicial body that is authorised and obliged to take action against perpetrators of crimes and other punishable offences, to take legal action to protect the assets of the Republic of Croatia and to submit legal remedies to protect the Constitution of the Republic of Croatia and the legislation.
The Public Prosecutor's Office exercises its powers on the basis of the Constitution of the Republic of Croatia, international treaties that form part of the legal order of the Republic of Croatia, the EU acquis, legislation and other sources of law.
The Public Prosecutor's Office of the Republic of Croatia has been established to cover the entire territory of the Republic of Croatia; municipal public prosecutor’s offices (općinska državna odvjetništva) have been set up to deal with municipal courts and public law bodies; and county public prosecutor’s offices (županijska državna odvjetništva) have been set up to deal with county, commercial and administrative courts. The law may establish dedicated public prosecutor’s offices to deal with certain types of case and before courts designated by law.
Municipal public prosecutor’s offices are subordinate to the county public prosecutor’s offices; the county public prosecutor’s offices and dedicated public prosecutor’s offices are subordinate to the Public Prosecutor’s Office of the Republic of Croatia.
A public prosecutor’s office is headed by a public prosecutor, who is responsible for performing the tasks within the remit of the public prosecutor’s office that he/she represents and manages.
The Prosecutor-General (Glavni državni odvjetnik) of the Republic of Croatia is head of the Public Prosecutor’s Office of the Republic of Croatia. Anyone who fulfils the general and specific conditions for appointment as Deputy Prosecutor-General of the Republic of Croatia may be appointed as Prosecutor-General of the Republic of Croatia. The Prosecutor-General of the Republic of Croatia is appointed for a period of four years by the Croatian Parliament, following a proposal from the Government of the Republic of Croatia once the Justice Committee of the Croatian Parliament has given its opinion, and may be reappointed for the same post at the end of that period. No one may be appointed to this post more than twice.
The Territories and Registered Offices of Public Prosecutor’s Offices Act (Narodne novine (NN; Official Gazette of the Republic of Croatia) No 67/18) streamlined the network of public prosecutor’s offices, creating 15 county public prosecutor’s offices and 25 municipal public prosecutor’s offices.
Office for the Prevention of Corruption and Organised Crime (Ured za suzbijanje korupcije i organiziranog kriminaliteta, USKOK) | County public prosecutor’s offices |
Municipal public prosecutor’s offices |
Public Prosecutor’s Office of the Republic of Croatia
Gajeva 30a, 10 000 Zagreb
http://www.dorh.hr/
Prosecutor-General
Tel.: +385 1 459 18 88
Fax: +385 1 459 18 54
Email: tajnistvo.dorh@dorh.hr
Criminal Division (Kazneni odjel)
Tel.: +385 1 459 18 00
Fax: +385 1 459 18 05
Email: tajnistvo.kazneni@dorh.hr
Civil and Administrative Affairs Division (Građansko upravni odjel)
Tel.: +385 1 459 18 61
Fax: +385 1 459 19 12
Email: tajnistvo.gradjanski@dorh.hr [VJ1]
County and municipal public prosecutor’s offices
Public Prosecutor’s Office Act
Territories and Registered Offices of Public Prosecutor’s Offices Act
The Zagreb-based Office for the Prevention of Corruption and Organised Crime (USKOK) is a dedicated public prosecutor’s office specialising in the prosecution of corruption and organised crime, which covers the entire territory of the Republic of Croatia. The jurisdiction of the Office for the Prevention of Corruption and Organised Crime is laid down in the Act on the Office for the Prevention of Corruption and Organised Crime.
Office for the Prevention of Corruption and Organised Crime
Gajeva 30a
10 000 Zagreb
Tel.: +385 4591 874
Fax: + 385 1 4591 878
Email: tajnistvo@uskok.dorh.hr
Act on the Office for the Prevention of Corruption and Organised Crime
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Italy.
The Italian judicial system is based on the civil law.
The function of a judge, as well as of that of a public prosecutor, is exercised by members of the judiciary. The administrative function is carried out by the Ministry of Justice.
The judicial function can be broken down into the following areas:
Jurisdiction over administrative matters is exercised by regional administrative courts (Tribunali Amministrativi Regionali or TAR) and by the Council of State (Consiglio di Stato).
Jurisdiction over accounting matters is exercised by the State Auditors’ court (Corte dei conti). The office of its general public prosecutor is based at the same court.
Jurisdiction over taxation matters is exercised by the Provincial Taxation Commissions and the District Taxation Commissions.
Jurisdiction in military affairs is exercised by the military courts, the military appeals court, the surveillance military court, military prosecutors based at the military courts, general military prosecutors based at the military appeals court, and the general military prosecutor based at the Court of Cassation.
Jurisdiction over ordinary civil and criminal matters is exercised by magistrates belonging to the judicial order, which is divided into judges on the one hand and magistrates of the public prosecutor's office on the other, fulfilling the roles of judges and investigators respectively.
The Constitution, among the government structures, puts the Ministry of Justice in charge of court administration because of its special function, role and relationship with the judiciary.
After a very difficult public examination, magistrates are assigned to courts in a certain area of competence, according to their personal choice. They cannot be assigned, promoted, removed, transferred or punished without deliberation by the Consiglio Superiore della Magistratura or CSM (the superior council of magistrates) and with special guarantees of protection.
All matters related to magistrates must be evaluated by the CSM, which protects the independence of the magistrates and their status.
The President of the Italian Republic is also president of the CSM.
The Ministry of Justice carries out its administrative and organisational functions at two levels:
The administrative function is also responsible for the personnel assigned to judicial services.
At the top level of the courts (or public prosecution offices), there is:
Courts are set up as follows:
First instance
Second instance
To claim against the first decision on factual grounds and the interpretation of the law:
Third instance
To obtain recourse for infringement of the law at the highest level:
Inside the main tribunals, there are also special sections. Courts of assizes (corti d’assise) sit with two professional judges and six jurors. Jurors are chosen from the body of citizens to serve for short periods, to cooperate and represent the various sectors of society. These courts take decisions on serious crimes (murder, serious assault and similar).
Magistrates who play the role of the public prosecutors in the trials are:
In Italy, the role of public prosecutor is played by career magistrates, who exercise their functions under the supervision of the chief of their bureau. This operates as a kind of hierarchy that applies only to the public prosecutors’ offices.
Civil Jurisdiction | Criminal Jurisdiction | Juvenile Jurisdiction | Penal Jurisdiction | |
I Degree | Justice of the Peace | Justice of the Peace | Juvenile Court | Penal Office/Penal Tribunal |
II Degree | Tribunal | Tribunal | Specialised Section of the Court of Appeal | Penal Tribunal |
Court of Appeal | Court of Appeal | |||
Infringement of law | Supreme Court (or Court of Cassation) | Supreme Court (or Court of Cassation) | Supreme Court (or Court of Cassation) | Supreme Court (or Court of Cassation) |
Legal databases
The website of the Italian Ministry of Justice contains information about the judiciary, the Ministry of Justice, the respective competences of and contact details for various offices.
The website of the Superior Council of Magistrates offers details about the Italian judicial system in Italian, English and French.
Both websites are accessible free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Cyprus was a British colony until 1960. The legal system established was based almost entirely on the English legal system and legislation adopted the principles of common law and equity.
The legal system that has been in force since the Republic of Cyprus was established retains the influence of the English legal system. The courts of the Republic of Cyprus apply the following laws:
Following the accession of the Republic of Cyprus to the European Union in 2004, the Constitution of the Republic of Cyprus was amended so that European law has supremacy.
There are three levels of courts in Cyprus. The Supreme Court (Anótato Dikastírio) and Supreme Constitutional Court (Anótato Syntagmatikó Dikastírio) (third instance, or as provided for by the Constitution and relevant legislation), the Court of Appeal (Efeteío) (second instance) and the courts of first instance, as set out below:
There is not yet an official legal database. There are a number of private legal databases, some of which offer subscriber services while others provide free access.
They contain information on court decisions, and primary and secondary legislation.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Alongside the legislative and the executive branches of government, Latvia has an independent judiciary, with a three-tiered court system. The Constitution states that judicial power is vested in district and city courts, regional courts, the Supreme Court and the Constitutional Court and, in the event of war or a state of emergency, also in military courts.
Pursuant to the Law on Judicial Power, the main public authority for the administration of courts is the Ministry of Justice.
The Ministry of Justice:
The Courts Office (Tiesu administrācija) arranges and ensures performance of the administrative work of district and city courts, regional courts and land registry offices. It is under the authority of the Minister for Justice, who acts via the Ministry of Justice.
The Supreme Court (Augstākā tiesa) has no administrative links to district or city courts or regional courts. The Chief Justice of the Supreme Court organises the work of the Supreme Court. The Supreme Court has a separate department for performing administrative tasks, the Supreme Court Administration (Augstākās tiesas Administrācija).
The Judicial Council (Tieslietu padome) is a collegiate body involved in formulating court system policy and strategy and improving the way the work of the court system is organised.
District and city courts (rajonu (pilsētu) tiesas) are the courts of first instance in civil, criminal and administrative cases. A district or city court may have structural units, i.e. courthouses located at various places within the territorial jurisdiction of the relevant district or city. District or city courts may have a land registry office. A land registry office manages land registers (where items of immovable property and associated rights are recorded) and considers claims for undisputed enforcement, debt recovery orders, and approval of statements of auction.
Regional courts (apgabaltiesas), as appellate courts, hear civil, criminal and administrative cases in a panel of three regional court judges. A regional court may have structural units, i.e. courthouses located at various places within the territorial jurisdiction of the relevant regional court.
According to the Law on judicial power, military courts may operate in a state of war or emergency. Pursuant to the Law on military courts, the order that military courts are to begin operating is given by the Minister for Justice. Should that occur, one or several military courts of first instance and a military court of appeal begin operations.
The Supreme Court (Augstākā tiesa) comprises a Senate, consisting of three divisions (departamenti) (Civil Cases, Criminal Cases and Administrative Cases) and two chambers (palātas) (Civil Cases and Criminal Cases). The Supreme Court is the court of appeal on points of law (kasācijas instance), unless the law provides otherwise. The Supreme Court had two chambers (Civil Cases and Criminal Cases) until 31 December 2014, but from 1 January 2015 to 31 December 2016 it has only a chamber of civil cases.
The full bench (plēnums) is the general assembly of the judges of the Supreme Court. It deliberates on immediate questions of interpretation of legal provisions. The full bench also elects members of the Disciplinary Tribunal (Disciplinārtiesa). The Disciplinary Tribunal is made up of six judges from the divisions of the Supreme Court. The Disciplinary Tribunal is convened to review the legality of the decisions of the Judicial Disciplinary Committee (Tiesnešu disciplinārkolēģija). Immediate questions of interpretation of legal provisions may be considered, in order to ensure the uniform application of the law, not only by the full bench of the Supreme Court but also by the full bench of the relevant chamber or division.
The Constitutional Court (Satversmes tiesa) is an independent judicial body that considers cases of the constitutionality of laws and other legal acts within the remit laid down for it in the Constitution and the Law on the Constitutional Court. It also considers other cases referred to it under the Law on the Constitutional Court.
Latvia has the following legal databases:
The ‘Latvija.lv’ portal gives access to the internet resources of central and local government bodies. Information is classified by topic.
The section of the portal entitled ‘e-services’ (E-pakalpojumi) gives access to e-services generally provided using dedicated centralised infrastructure. This section contains a virtual working space where users can request and receive central and local government e-services, follow progress in the provision of those services, and receive information on the outcomes.
The section for finding services (‘Service catalogue’, Pakalpojumu katalogs) is a centralised point of access to central and local government services. The ‘Service catalogue’ can be used to obtain essential information on central and local government services, conditions for requesting and receiving those services, the cost of those services and a description thereof. The descriptions of online services contain a link to the relevant resource (information, website, direct link or e-service). Users can access the information either via the catalogue, which is divided into sections corresponding to various life situations, or by using the portal’s search functions. The content of the centralised catalogue is maintained by the government bodies providing the services.
Latvia’s national portal, Latvija.lv, has as its objective to enable Latvian and foreign residents to access the internet resources of Latvian government bodies and act as a centralised point of access for e-services provided by a range of institutions.
The portal can be accessed free of charge.
National Courts portal, Supreme Court, Constitutional Court, Courts Office, Ministry of Justice
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the courts in Lithuania.
In Lithuania there are 22 ordinary courts and 3 specialised (administrative) courts.
The General Meeting of Judges (Visuotinis teisėjų susirinkimas) is the highest body of judicial autonomy, involving all judges in Lithuania.
The Lithuanian Council of Courts (Teisėjų taryba) is an executive body of judicial autonomy, composed of 23 members, which ensures the independence of the courts and judges.
The Judicial Court of Honour (Teisėjų garbės teismas) is an institution of judicial autonomy, which hears disciplinary cases against judges and judges’ petitions against defamation.
The National Courts Administration (Nacionalinės teismų administracija) seeks to ensure that the institutions of the judiciary operate effectively and helps to guarantee the independence of the courts and judges and the organisational autonomy of the courts.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section presents an overview of the organisation of the courts in Luxembourg.
The judicial system of the Grand Duchy of Luxembourg is divided into a judicial branch and an administrative branch. In addition to these two branches, there is also the Constitutional Court (Cour constitutionnelle).
The Constitution requires the courts to exercise judicial power and to apply general and local regulations and orders only insofar as they comply with the law.
At the top of the hierarchy of courts in the judicial system stands the Supreme Court of Justice (Cour supérieure de Justice), which comprises a Court of Cassation (Cour de Cassation) and a Court of Appeal (Cour d’Appel), plus a Supreme Prosecutor’s Office (Parquet Général). It is in Luxembourg.
The Grand Duchy of Luxembourg is divided into two judicial districts (arrondissements judiciaires), and each has a District Court (Tribunal d’Arrondissement): one is in Luxembourg and the other is in Diekirch.
There are three courts of justices of the peace (justices de paix), one in Luxembourg, one in Esch-sur-Alzette (which is in the Luxembourg judicial district) and one in Diekirch (Diekirch judicial district).
The Social Insurance Appeals Board (Conseil supérieur de la sécurité sociale) comprises a president, two associate judges, one assessor representing employers and one assessor representing employees.
The Social Insurance Arbitration Board (Conseil arbitral de la sécurité sociale) comprises a president, one assessor representing employers and one assessor representing employees.
The Administrative Court (Cour administrative) comprises a single division of three judges.
The Administrative Court of First Instance (Tribunal administratif) comprises four divisions of three judges.
Information on the Ministry of Justice, legal professions, legislation, the courts, the prisons, citizens’ services, forms and news are available on the website of the Ministry of Justice.
Yes, access to the databases is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The central administration of the courts is managed by the President of the National Judicial Office (NJO), supported by the General Vice-President and further Vice-Presidents, as well as by the NJO’s staff. The administrative work of the President of the NJO is supervised by the National Judicial Council (NJC). The President of the NJO is responsible for the conduct and efficiency of the central administration and for the performance of its duties in a manner compatible with the constitutional principle of judicial independence, insofar as this is provided for by law. In exercising his or her administrative powers, the President of the NJO hands down decisions, regulations and recommendations.
The President of the NJO is elected by a two-thirds majority of the members of the Hungarian Parliament, on the recommendation of the President of the Republic. Only a judge may be elected as President of the NJO.
The National Judicial Council (NJC) is the body that supervises the central administration of the courts. The NJC has its seat in Budapest and consists of 15 members. The President of the Kúria (Supreme Court) is a member of the NJC, whereas its other 14 members are elected at a meeting of judge delegates from among the delegates by simple-majority, secret ballot voting. At the first meeting, the judge delegates elect one judge from a court of appeal, five from general courts, seven from local tribunals and one from a labour court. (District courts, administrative and labour courts will commence operations on 1 January 2013.)
In Hungary, justice is exercised by the following types of courts:
The courts’ area of jurisdiction generally corresponds to administrative boundaries, with the name of a court indicating the location of its seat.
Non-professional judges (nem hivatásos bíró) may participate in judicial proceedings as assessors in certain cases and under conditions prescribed by law, but only professional judges may act as single judges (egyesbíró) or presidents of council (tanácselnök).
Professional judges are appointed by the President of the Republic and may be removed from office only on the grounds, and in accordance with the procedures, specified by law. Judges are independent and subject only to the law, and they may not be members of political parties or involved in political activities.
District courts and administrative and labour courts hear cases in the first instance. (Until 31 December 2012, cases are heard in the first instance by local courts and labour courts.)
An administrative and labour court hears cases concerning the judicial review of administrative decisions or relating to employment and similar relations (and other cases referred to them by law).
Sections may be established within the district courts and administrative and labour courts for handling specific types of cases.
General courts hear cases in the first instance where the law so provides, and also hear appeals brought against decisions handed down by local courts and labour courts before 31 December 2012 or by district courts or administrative and labour courts after 1 January 2013.
General courts operate in the form of panels (tanács), sections and criminal, civil, economic, administrative and labour divisions (kollégium). Various divisions may also function collectively.
Specific cases are heard by military tribunals (katonai tanács) at designated general courts, with defined areas of jurisdiction.
Regional courts of appeal operate in Debrecen, Szeged, Budapest, Győr and Pécs. These courts hear appeals filed against decisions handed down by local and general courts before 31 December 2012 or by district and general courts after 1 January 2013 in cases specified by law, and hear other cases referred to their jurisdiction by law. Until 31 December 2012, appeals in administrative cases are heard by the Budapest Court of Appeal.
The regional courts of appeal contain panels and criminal and civil divisions. Until 31 December 2012, the Budapest Court of Appeal also has an administrative division.
The Kúria is the supreme judicial body of Hungary and has its seat in Budapest. The Kúria or Supreme Court ensures that courts apply the law uniformly and adopts law harmonising decisions to this end which are binding on all courts.
The President of the Supreme Court is elected by the Hungarian Parliament, with a two-thirds majority of its members, on the recommendation of the President of the Republic. Only a judge may be elected as President of the Supreme Court. The President of the Republic appoints the Vice-Presidents of the Supreme Court on the recommendation of the President of the Supreme Court.
The Kúria (Supreme Court)
The Supreme Court consists of adjudication and harmonisation panels (ítélkező és jogegységi tanács), panels concerning municipal administration and decisions of legal principle, as well as criminal, civil and administrative and labour divisions (kollégium) and sections for case law analysis.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides an overview of the court system in Malta.
Essentially, the judiciary system in Malta is a two-tier system comprising a court of first instance presided over by a judge or magistrate and a court of appeal. The Court of Appeal in its superior jurisdiction is composed of three judges and hears appeals from the court of first instance, which is presided over by a judge. The Court of Appeal in its inferior jurisdiction is presided over by one judge and hears appeals from the court of first instance presided over by a magistrate. There is also a range of tribunals that deal with specific areas of the law and have varying degrees of competence. Almost all appeals against decisions taken by any of these Tribunals are dealt with by the Court of Appeal in its inferior jurisdiction, while others are dealt with by the Court of Appeal in its superior jurisdiction.
The Director General (Courts), who is appointed by the Prime Minister, is responsible for the administration of the courts. He is assisted by the Registrar (Civil Courts and Tribunals), the Registrar (Criminal Courts and Tribunals), the Registrar (Gozo Courts and Tribunals) and by the Director (Support Services).
The Director General (Courts) is responsible for the management and administration of the Courts of Justice Department, including the registries, archives and other services, and also heads this Department. All court executive officers performing duties in the Courts of Justice Department take their instructions from, and are answerable to, the Director General (Courts).
You can find a short description of each court in the table below.
The Court of Appeal | Second instance Appellate | The Court of Appeal hears appeals from the civil courts in both their superior and inferior jurisdiction. (i) This court hears appeals from the First Hall of the Civil Court and the Civil Court (Family Section). (ii) Appeals from the Court of Magistrates in its civil jurisdiction, the Small Claims Tribunal and the administrative tribunals are also heard by this court. | (i) Composed of three judges. (ii) Composed of one judge. |
The Court of Criminal Appeal | Second instance Appellate | This court, with superior jurisdiction, hears appeals by persons convicted by the Criminal Court. This court, with inferior jurisdiction, hears appeals in respect of cases decided by the Court of Magistrates sitting as a criminal court. | Composed of three judges Composed of one judge |
The Criminal Court | First instance | This court serves as a criminal court and hears criminal cases beyond the competence of the Court of Magistrates. | Presided over by a judge who may sit with a jury of nine persons. |
The Civil Court: The First Hall of the Civil Court Civil Court (Voluntary Jurisdiction Section) The Civil Court (Family Section) | First instance | The First Hall of the Civil Courts hears cases of a civil and/or a commercial nature exceeding the jurisdiction of the Court of Magistrates. Within its constitutional jurisdiction, it also hears cases relating to violations of the human rights and fundamental freedoms protected by the Constitution and by the European Convention of Human Rights and Fundamental Freedoms. The Civil Court (Voluntary Jurisdiction Section) is a voluntary jurisdiction court and is responsible for the interdiction or incapacitation of persons of unsound mind, the nomination of tutors for these persons, the opening of successions and the confirmation of testamentary executors. It is also a repository for secret wills. This court hears all cases relating to family matters such as marriage annulment, personal separation, divorce, maintenance and custody of children. | Presided over by a judge Presided over by a judge Presided over by a judge |
The Court of Magistrates | First instance | In the civil field the Courts of Magistrates only have inferior jurisdiction of first instance, in general limited to claims not exceeding €15 000. In the criminal field, the Court has a twofold jurisdiction: as a court of criminal judicature for cases falling within its jurisdiction, and as a court of inquiry in respect of crimes falling within the jurisdiction of the Criminal Court. (i) Court of Criminal Judicature – this Court is competent to hear all cases related to offences punishable by a sentence of up to six months' imprisonment. (ii) Court of Inquiry – the Court conducts preliminary inquiries in respect of indictable offences and transmits the corresponding records to the Attorney General. If there is no objection from the accused, the Attorney General may refer cases punishable by up to ten years' imprisonment back to the Court of Magistrates to be heard and decided upon. | Presided over by a magistrate |
The Court of Magistrates for Gozo | First instance | In the civil field, the Court of Magistrates for Gozo has two-fold jurisdiction: an inferior jurisdiction comparable to that exercised by its counterpart court in Malta, and a superior jurisdiction, with the same competence as the First Hall of the Civil Court, apart from the constitutional jurisdiction, and as the Civil Court (Voluntary Jurisdiction Section). In the criminal field, the Court of Magistrates for Gozo has the same competence as the Court of Magistrates when sitting as a criminal court and as a court of inquiry. | Presided over by a magistrate |
The Juvenile Court | First instance | The Juvenile Court hears charges against, and holds other proceedings relating to, minors under the age of 16 years, and may also make care orders. | Presided over by a magistrate and two members |
Small Claims Tribunal | First instance | This tribunal summarily decides, on principles of equity and law, claims of a value of less than €5 000. | Presided over by an adjudicator |
The official Government website of the Ministry for Justice, Culture and Local Government provides a range of online services. The site, in Maltese and English, includes information on the Ministry for Justice and Home Affairs, as well as on the courts of justice, the judiciary system and the judicature, the Office of the Attorney General, court services and legal services.
The following are links to the various court services and legal services available:
Ministry for Justice, Culture and Local Government
Court Services - Sentenzi Online
Court Services - Court Proceedings
Court Services - Judicial Sales by Auction
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This page provides an overview of the court system in the Netherlands.
The Council for the Judiciary (Raad voor de rechtspraak) is part of the judicial system, but does not administer justice itself. It has taken over responsibility for a number of tasks from the Minister for Justice. These tasks are operational in nature and include the allocation of budgets, supervision of financial management, personnel policy, ICT and accommodation. The Council supports the courts in carrying out their tasks in these areas. It was also given the task of improving the quality of the judicial system and advising on new legislation that has implications for how justice is administered. It also acts as a spokesperson for the judiciary in social and political debate. The Council’s tasks relate to operational matters (in the broadest sense of the term), budgetary matters and the qualitative aspects of the administration of justice.
It has a pivotal role in preparing, implementing and accounting for the judicial system’s budget. The budget system is based on a workload-measurement system maintained by the Council. The Council encourages and supervises the development of operational procedures in the day-to-day running of the courts. Its specific tasks relate to personnel policy, accommodation, ICT and external affairs. The Council has a range of formal statutory powers, which enable it to carry out these tasks. For instance, it is empowered to issue binding general instructions with regard to operational policy, although it prefers to exercise this power as little as possible.
The Council is responsible for the recruitment, selection and training of judicial and court officials. It carries out its tasks in these areas in close consultation with the court councils (raden van de gerechten). The Council has a significant say in appointing members to court councils.
The Council’s task in respect of the quality of the judicial system involves promoting the uniform application of the law and enhancing judicial quality. In view of the overlap in the content of judicial rulings, the Council has no mandatory powers in this area.
The Council also has a general advisory role. It advises the government about new laws that have implications for the judicial system. This process takes place in ongoing consultation with the members of the court councils.
Although the Council has formal powers at its disposal, the relationship between the Council and the courts should not be seen as hierarchical. The Council’s primary goal is to support the courts in the performance of their tasks. In order to ensure that the various tasks are completed properly, the Council consults regularly with court presidents, directors of operations, sector heads and the Board of Representatives (College van afgevaardigden – an advisory body made up of representatives from the courts).
The Netherlands is divided into 11 judicial districts (arrondissementen), each with its own court. Each court has a number of sub-district venues (kantonlocaties). The district court is made up of at least four sectors (sectoren). These always include the administrative sector, civil sector, criminal sector and sub-district sector. Family and juvenile cases are often put into a separate sector, as is also sometimes the case with cases involving aliens. The court board (bestuur van het gerecht) is free to determine such matters.
It is relatively simple for ordinary citizens to have their cases heard in the sub-district sector. This means that they have the right to argue their own cases and do not need a lawyer to represent them in court. In terms of civil law, the sub-district judge deals with all cases involving rent, hire purchase and employment, as well as all disputes involving amounts up to EUR 25 000.
In criminal law, the sub-district judge deals with minor offences only. Often these are cases in which the police or the public prosecutor has proposed a settlement. If the accused refuses to accept such a proposal, then the case comes before the sub-district judge. The sub-district judge usually delivers an oral judgment immediately after the session.
Judges in the criminal sector deal with all criminal cases that do not come before a sub-district judge. These cases can be heard in single-judge divisions or in full-bench divisions with three judges. The full-bench division deals with more complex cases and all cases in which the prosecution demands a sentence of more than one year’s imprisonment.
The civil sector also handles cases not specifically allocated to the sub-district judge. Most of these are decided by a single judge, but here, too, there are full-bench divisions with three judges to deal with more complex cases. A number of district courts have a separate sector for family and juvenile cases. This possibility is used when the number of such cases is considerable.
With only a handful of exceptions, administrative disputes are heard by the district court; in many cases the hearing by the administrative law sector is preceded by an objection procedure before the administrative authorities. It is usual for these cases to be heard by a single-judge division, but here, too, the district court can decide to appoint three judges to a case which is complex or which involves fundamental issues. If the district court in question has no separate sector to handle cases involving aliens, such cases are dealt with by the administrative law sector or a division thereof. In cases involving civil servants and social security issues, appeal is a matter for a special appeals tribunal – the Central Appeals Tribunal (Centrale Raad van Beroep) – and, in most other cases, for the Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State).
The 11 judicial districts are divided into four areas of Court of Appeal jurisdiction: The Hague, Amsterdam, Arnhem-Leeuwarden and 's-Hertogenbosch. With regard to criminal and civil law, Court of Appeal judges deal only with cases where an appeal has been lodged against the judgment passed by the district court. The Court of Appeal re-examines the facts of the case and reaches its own conclusions. In most cases, it is possible to contest the Court of Appeal’s decision by appealing in cassation to the Supreme Court of the Netherlands (Hoge Raad der Nederlanden). In addition to criminal and civil cases, the Court of Appeal also deals with all appeals against tax assessments.
The Central Appeals Tribunal (Centrale Raad van Beroep) is a board of appeal that is principally active in cases pertaining to social security and the civil service. In these areas, it is the highest judicial authority. The Tribunal is based in Utrecht.
The Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven) is a special administrative court, which rules on disputes in the area of social-economic administrative law. In addition, this appeals tribunal also rules on appeals relating to specific laws, such as the Competition Act (Mededingingswet) and the Telecommunications Act (Telecommunicatiewet). The Tribunal is based in The Hague.
The Supreme Court of the Netherlands, located in The Hague, examines whether the lower court applied the law properly in reaching its decision. At this stage, the facts of the case as established by the lower court are no longer subject to discussion. The appeal in cassation therefore fulfils an important function in promoting unity of law.
Further information can be found on the general website about the Dutch judiciary.
Case law can be found in a common judgment database.
Yes, access is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section of the Portal provides an overview of the courts in Austria.
Alongside the legislative and executive branches, the judiciary is considered to be the third pillar of government in a country under the rule of law. The judiciary ensures that laws are enforced, together with the executive branch. The judicial system is kept separate from the executive at all levels. The courts are State institutions established by law and are made up of independent and impartial judges who cannot be removed or transferred from office and who make their decisions on the basis of the law only, subject to a formal procedure and free from outside influences.
The judicial system consists of the ordinary courts (ordentliche Gerichte) that adjudicate on civil-law claims and on criminal charges, administrative courts (Verwaltungsgerichte) and the Constitutional Court (Verfassungsgerichtshof). The ordinary courts include the district and regional courts (Bezirks- und Landesgerichte), higher regional courts (Oberlandesgerichte), and the Supreme Court (Oberster Gerichtshof) for final appeals in civil and criminal cases. Each province has an administrative court. In addition, there is a Federal Administrative Court (Bundesverwaltungsgericht) in Vienna with federal jurisdiction (and offices in Graz, Linz and Innsbruck) and a Federal Fiscal Court (Bundesfinanzgericht). The Supreme Administrative Court (Verwaltungsgerichtshof) hears final appeals from the Administrative Courts.
Public prosecutor’s offices (Staatsanwaltschaften) are special bodies that are separate from the courts. Their main task is to represent the public interest in the administration of criminal justice. They direct the preliminary investigation in criminal proceedings, bring charges and conduct the prosecution. Public prosecutors are regarded as forming part of the ordinary court system, but are subject to the instructions of their superiors. At the top of the instructions hierarchy is the Minister for Justice, who must answer to Parliament when carrying out their duties. Instructions must be reasoned and issued in written form, as they will be included in the file. Prisons (Justizanstalten) are responsible for the enforcement of custodial sentences and other orders for detention. They are responsible for pre-trial detention, enforcement of custodial sentences and any orders for preventive detention (Maßnahmenvollzug). Prisons may take the form of regional facilities for pre-trial detention (Landesgerichtliche Gefangenenhäuser), correctional centres for enforcing custodial sentences (Strafvollzugsanstalten für den Vollzug von Freiheitsstrafen) or secure psychiatric centres (Forensisch Therapeutische Zentren) for enforcing orders for preventive detention. Correctional centres include special correctional centres (Sonderanstalten) for adolescents, and for women. The principle behind the modern correctional centre is to deprive the inmates of liberty but with the aim of helping them to become law-abiding citizens capable of adapting to the needs of life in a community, and to prevent them from giving in to criminal leanings (social rehabilitation). In addition, the centre should help them understand why the behaviour leading to their sentence was socially unacceptable.
Probationary services (Bewährungshilfeeinrichtungen) take care of persons with conditional sentences and prisoners released on probation. For the most part, these tasks have been transferred to private associations, which, nevertheless, are under the supervision of the Federal Ministry of Justice.
Strictly speaking, the judiciary in Austria is made up of the ordinary courts, public prosecutors, prisons and probationary services. The Federal Minister for Justice heads the judicial system as the supreme authority. They are in charge of the Federal Ministry of Justice. The Federal Minister for Justice is a member of the federal government, and is in charge of political management and coordination in the ministry and the overall supervision of all the associated bodies and departments.
The Austrian Justice Portal provides general information on the Austrian judicial system.
Yes, access to the Austrian Justice Portal is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Poland.
Pursuant to Article 175 of the Polish Constitution, justice in Poland is administered by the Supreme Court, ordinary courts, administrative courts and military courts. An extraordinary court may be established in wartime.
Ordinary courts comprise district courts, regional courts and administrative courts.
Administrative courts comprise the Supreme Administrative Court and provincial administrative courts.
Military courts comprise military garrison courts and regional military courts.
The Supreme Court is a separate court, whose tasks include supervision of the adjudicatory activity of ordinary and military courts.
The Polish legal system also includes two tribunals - the Constitutional Tribunal and the Tribunal of State.
Types of courts
The system of ordinary courts in Poland includes district courts, regional courts and appeal courts. Ordinary courts administer justice in all cases, except cases statutorily reserved for other courts, i.e. administrative courts, military courts, the Supreme Court and (in wartime only) extraordinary courts.
The jurisdiction of ordinary courts includes criminal law, civil law, family and guardianship law, commercial law, and labour and social insurance law, except cases in which other (specialised) courts are competent (e.g. military courts). Furthermore, district courts maintain the land and mortgage register, as well as the pledge register and the National Court Register.
The Supreme Court is a separate judicial body, whose tasks include administering the dispensation of justice by ensuring the lawfulness and uniformity of the case-law of ordinary and military courts by examining appeals and adopting resolutions settling legal issues.
Military courts comprise regional military courts and military garrison courts. Military courts administer the dispensation of justice in the Polish Armed Forces in criminal cases to the extent provided for by statutes and also adjudicate in other matters included in their jurisdiction pursuant to separate legislation. In the cases provided for in statutes military courts administer justice in criminal matters in respect of persons who do not belong to the Polish Armed Forces.
Administrative courts comprise the Supreme Administrative Court and provincial administrative courts.
Administrative courts dispense justice by reviewing the activities of public administration bodies, which also includes adjudication on the compatibility of resolutions of local government bodies and of normative acts of regional branches of central government administrative bodies with the statutes, as well as resolving disputes over powers and jurisdiction between bodies of local government units, local government appeals boards and between these bodies and government administration bodies.
In the Polish legal system the Constitutional Tribunal is not regarded as an ordinary court. The Constitutional Tribunal rules on the following:
The Tribunal of State adjudicates cases in which people that occupy (or have occupied) the highest state positions are charged with violating the Constitution or other legislative Acts.
Administrative supervision (consisting in ensuring adequate technical and organisational - as well as property-related - conditions for the functioning of courts and for the performance by courts of tasks connected with the dispensation of justice) of the administrative activities of ordinary courts is exercised by the Minister for Justice, acting through the directors of courts.
Internal administrative supervision of the activity of ordinary courts in respect of the correct internal operating of the court directly linked to the court’s exercise of tasks relating to administration of justice is exercised by presidents of courts, while external administrative supervision in the same area is exercised by the Minister for Justice, acting through a supervisory service consisting of judges and (in respect of the management of land and mortgage registers, the pledge register and the National Court Register) of officers of justice delegated to the Ministry of Justice.
The exercise of the Minister for Justice of administrative supervision over ordinary courts is governed by the principle that administrative supervision activities must not encroach on the area in which judges and trainee judges are independent.
In matters relating to adjudication, ordinary courts and military courts are supervised by the Supreme Court.
Ultimate supervision of military courts in matters relating to organisation and administrative activity is exercised by the Minister for Justice. Supervision concerning active military service of personnel serving in military courts is exercised by the Minister for National Defence.
The Supreme Administrative Court exercises supervision of the adjudicatory activity of provincial administrative courts.
Ultimate supervision of the administrative activity of administrative courts is exercised by the President of the Supreme Administrative Court.
Ordinary courts are structured as follows:
district courts – in principle acting as first-instance courts;
regional courts – acting as appeal courts or as first-instance courts in specific cases;
appeal courts – acting as the appeal instance.
In the case of military courts, garrison military courts in principle adjudicate in the first instance, while regional military courts act as the appeal instance or the first instance in specific cases.
The Supreme Court exercises supervision of the adjudicatory activity of ordinary and military courts.
Cases in the jurisdiction of administrative courts are examined by provincial administrative courts in the first instance. The Supreme Administrative Court exercises supervision of the adjudicatory activity of provincial administrative courts in accordance with statutes. In particular, the Supreme Administrative Court examines appeals submitted in respect of the rulings handed down by the provincial administrative courts, adopts resolutions clarifying legal issues and examines other cases that are included in the jurisdiction of the Supreme Administrative Court pursuant to other statues.
Information about all ordinary courts, their websites and contact details (addresses, phone numbers, e-mails etc.) is available on the website of the Polish Ministry of Justice.
https://www.gov.pl/web/sprawiedliwosc/znajdz-wybrany-sad-powszechny
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the court system in Portugal.
Articles 202 et seq. of the Portuguese Constitution define the principles underlying the administration of justice and the workings of the courts in Portugal. The courts are sovereign bodies with competence to administer justice in the name of the people. They are responsible for safeguarding citizens’ legally-protected rights and interests, prohibiting breaches of the democratic rule of law and settling public or private disputes.
The courts are independent and subject only to the law. Their rulings are binding on all public and private entities and prevail over the decisions of all other authorities.
Court hearings are held in public, save when, in order to safeguard personal dignity or public morals, or to ensure its own proper operation, the court in question decides otherwise by way of a written order setting out the grounds for its decision.
Under Articles 209 et seq. of its Constitution, Portugal has two separate sets of courts – the civil courts and the administrative courts. Provision is also made for other courts – the Constitutional Court (Tribunal Constitucional), the Court of Auditors (Tribunal de Contas), courts of arbitration (tribunais arbitrais) and justices of the peace (julgados de paz).
In the civil sphere, the ordinary courts with civil and criminal jurisdiction are the judicial courts, which are organised in three instances. In descending order of hierarchical rank and territorial scope, these are: the Supreme Court (Supremo Tribunal de Justiça, with jurisdiction over the whole country), the courts of appeal (tribunais da relação, one per judicial district and two in the Porto judicial district) and the district courts (tribunais de comarca, at first instance).
The first instance judicial courts fall into three categories, depending on the subject-matter of the action and the amount at stake: courts with general jurisdiction, courts with specialised jurisdiction (criminal cases, family matters, minors, labour law, trade, maritime affairs and the enforcement of sentences) or specific jurisdiction (civil, criminal or mixed divisions; civil or criminal benches; civil or criminal benches dealing with minor matters).
The administrative courts include the first instance administrative and tax courts, the central administrative courts (North and South) and the Supreme Administrative Court (Supremo Tribunal Administrativo, covering the whole country).
Conflicts of jurisdiction between courts are resolved by a Tribunal de Conflitos, regulated by law.
In the Portuguese judicial system, the following categories of courts exist:
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section of the Portal provides you with an overview of courts in Romania.
The principles, structure and organisation of the Romanian judicial system are laid down in the Romanian Constitution and in Law No 304/2004 on judicial organisation.
The following courts make up the judicial system:
The High Court of Cassation and Justice functions as the Supreme Court in Romania. It ensures that the law is interpreted and applied uniformly by the other courts of law.
Several courts carry on their judicial activity under the jurisdiction of each of the 42 tribunals.
All 176 functioning courts are organised at county level and in the districts of Bucharest.
Each court is headed by a president with managerial capacity. The court's specialised sections are led by a section president. In each court, a leading committee decides upon general, court-governance issues.
The military courts are organised in 4 military tribunals, the Territorial Military Tribunal in Bucharest and the Military Court of Appeal in Bucharest. Each of the military tribunals has the status of a military unit.
The following legal databases are available online:
Yes, access to the legal database is free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
All courts in the Republic of Slovenia are regular courts and act in accordance with the principles of constitutionality, independence and the rule of law.
The unified system of courts consists of courts with general and specialised jurisdiction.
The State Prosecutor’s Office occupies a special place in the justice system, as it is an independent state authority but also part of the executive branch of power. The State Prosecutor General is appointed by the National Assembly.
The Constitutional Court is the highest judicial authority for the protection of constitutionality, legality, human rights and fundamental freedoms. It has the power to negate the actions of the legislature, by abrogating (putting aside) an Act or part of an Act.
Constitutional judges are appointed by the National Assembly, following a proposal by the President of the Republic. Nine judges are elected for a period of nine years, with no possibility of re-election. No state body has the authority to interfere in the work or judgments of judges in the constitutional, specialised and general courts.
You can find more information about the courts in Slovenia on the official website of the Supreme Court of the Republic of Slovenia.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section gives an overview of the judicial system in Slovakia.
Judicial power in Slovakia is exercised by ordinary courts and the Constitutional Court of the Slovak Republic (Ústavný súd Slovenskej republiky).
Judicial power in Slovakia is exercised by independent and impartial courts. Judicial power at all levels is exercised separately from other State bodies.
The president of a court is responsible for the exercise of judicial power.
The administration of courts in Slovakia is handled, to the extent laid down by law, by the Slovak Ministry of Justice and the president of the court, who is also the statutory body of the court. To the extent laid down by law, court administration is also handled by the court’s administrative director and the Judicial Council of the Slovak Republic.
System of ordinary courts
Pursuant to Act No 757/2004 on courts and amending certain other acts, as amended:
The Supreme Court reviews decisions taken by courts in cases where final judgment has been given.
The Supreme Court oversees the uniform interpretation and consistent application of laws and other acts of general application:
Further information can be found on the website of the Ministry of Justice of the Slovak Republic.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Broadly speaking, the Finnish judicial system consists of:
The judiciary may also refer solely to the courts.
Article 98 of the Finnish Constitution lists the various courts of law. General courts comprise the Supreme Court, the courts of appeal and the district courts. General administrative courts comprise the Supreme Administrative Court and the local administrative courts.
Supreme judicial authority in civil and criminal matters is exercised by the Supreme Court and, in administrative matters, by the Supreme Administrative Court. The two supreme courts also supervise the application of the law within their own purview. In Finland there are also special courts, which are provided for in separate statutes.
The independent and autonomous position of judges is safeguarded by a provision of the Constitution stating that a judge may be removed from office only by a court decision. Judges cannot be transferred to another post without their consent, unless the transfer is part of a reorganisation of the court system.
Section 21 of the Constitution states that everyone has the right to have his or her case dealt with appropriately and without undue delay by a legally competent court of law or other authority. According to Section 21(2) the public nature of proceedings and the right to be heard, to receive a reasoned decision and to appeal against a decision are safeguarded by law, as are other guarantees of fair judicial proceedings and sound governance. This Section also lays down requirements for the quality of judicial proceedings.
Many of the duties and responsibilities related to the administration of justice and the development of court activities fall primarily within the competence of the Ministry of Justice.
The website of Finnish courts contains information on the judicial system of Finland. It is a one-stop portal providing information about courts, prosecutors, enforcement authorities and legal aid .
It includes, for example, the latest case law from the courts of appeal and the administrative courts.
The free Finlex database includes case law from the courts, the Electronic Statutes of Finland and translations of Finnish acts and decrees.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The judicial system usually refers to the authorities and agencies responsible for the rule of law and legal safety. The courts are the backbone of the judicial system, which also comprises authorities responsible for crime prevention and investigations, including:
Other authorities may have tasks connected with the judicial system, e.g. the Enforcement Service.
Sweden has two parallel types of courts:
The general courts are organised in a three-tier system: district courts, courts of appeal and the Supreme Court.
The administrative courts also have three tiers: administrative courts, administrative courts of appeal and the Supreme Administrative Court. In addition, a few special courts and tribunals have been established to hear specific kinds of cases and matters.
The Ministry of Justice is responsible for matters involving the courts, including the codes of procedure and organisation of the courts. However, neither the government nor any other agency has the authority to decide how a court rules in individual cases.
The National Courts Administration is the central administrative agency for public courts, public administrative courts, regional tenancy tribunals, regional rent tribunals and the National Legal Aid Authority.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with a brief overview of the courts in England and Wales.
The UK has three jurisdictions: England and Wales, Scotland, and Northern Ireland. This page discusses the courts in the England and Wales jurisdiction.
Responsibility for the administration of many of the courts in England and Wales lies with Her Majesty’s Courts and Tribunals Service (HMCTS). HMCTS is an agency of the Ministry of Justice, the government department with responsibility for the justice system in England and Wales.
Criminal cases in England and Wales are heard in the magistrates' courts, the Crown Court, criminal division of the Court of Appeal.
Civil cases in England and Wales are mainly heard in the county courts, the High Court and the civil division of the Court of Appeal, with Magistrates’ courts having jurisdiction for a range of applications made under various pieces of legislation.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for both criminal and civil cases, although Scottish criminal cases do not have the right of appeal to the Supreme Court.
Other courts with jurisdiction in England and Wales include the European Court of Human Rights whose functions to uphold the European Convention of Human Rights as it relates to national law. In addition the Court of Justice of the European Union can make rulings on the Application of European Union Law, which by virtue of the European Communities Act are binding on England and Wales.
More detailed information about courts in England and Wales can be found on the page describing ordinary courts in England and Wales and on the website of Her Majesty's Courts and Tribunals Service. Information about some of the tribunals and specialised courts in England and Wales can be found on the page describing specialised courts in England and Wales.
HMCTS, Ministry of Justice, Her Majesty’s Courts and Tribunals Service, Supreme Court, European Court of Human Rights, Court of Justice of the European Union
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the courts in Northern Ireland.
The UK has three jurisdictions: England and Wales, Scotland and Northern Ireland.
The Supreme Court
In 2009, the new Supreme Court of the United Kingdom took over the jurisdiction of the Appellate Committee of the House of Lords. It also took over the devolved functions of the Judicial Committee of the Privy Council (the highest court of appeal in several independent Commonwealth countries, UK overseas territories and British crown dependencies).
The Supreme Court is the final court of appeal in the United Kingdom for both criminal and civil cases, although Scottish criminal cases do not have the right of appeal to The Supreme Court. Such cases will usually be granted permission to refer an appeal to the Supreme Court only if it involves points of law of public importance.
The Court of Appeal
The Court of Appeal hears criminal appeals from the Crown Court and civil appeals from the High Court
The High Court
The High Court deals with civil cases, hears appeals in criminal cases, and also has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. The High Court usually deals with cases if the value of the claim is over £30.000. In some circumstances, a case over £30,000 can be sent from the High Court to the county court and, similarly, a case under the value of £30,000 may be transferred from the county court to the High Court.
The High Court has three divisions, as follows:
The Crown Court
The crown court deals with the following types of cases:
Imprisonment and fines in the crown court are more severe than in the magistrates' court.
The County Court
The County Court deal with civil cases and are heard by a judge or district judge. The county court usually deals with cases that are under £30,000 in value (or £45,000 in equity matters). Cases with higher value are heard in the High Court – see above. All claims arising from regulated credit agreements must be started in the county court, whatever their value.
Examples of cases dealt with by the County Court:
Small Claims Cases
Small claims cases are also heard in the County Court. In general, a small claim involves a claim with a value of not more than £3,000.
The Magistrates’ Court
Magistrates’ courts deal with criminal and some civil cases. Cases are heard by a district judge (magistrates' court).
Coroners’ Courts
Investigate the circumstances of sudden, violent or unnatural deaths.
Further details and a diagram of the court structure in Northern Ireland can be found on the website of the Northern Ireland Courts and Tribunals Service.
Administration of the Courts
Responsibility for administration of the courts in Northern Ireland jurisdiction lies with the Northern Ireland Courts and Tribunals Service.
This includes:
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
This section provides you with an overview of the courts in Scotland.
The UK has three jurisdictions: England and Wales, Scotland and Northern Ireland.
In Scotland, the Scottish Courts and Tribunals Service (SCTS) is responsible for the administration of the courts. SCTS is an independent body corporate, chaired by the Lord President, the most senior judge in Scotland.
The organisation of the various courts in Scotland is as follows:
Procedure in the criminal courts is divided into ‘solemn’ (the most serious cases involving trial by jury) and ‘summary’ (less serious cases heard by a single judge).
The High Court of Justiciary is headed by the Lord Justice General, who is also the Lord President. This is the country’s supreme criminal court, which handles the most serious cases, such as murder or rape. It also acts as the final criminal appeal court.
The criminal Sheriff Appeal Court hears appeals against summary criminal proceedings from both the Sheriff and Justice of the Peace Courts, and also hears appeals against all bail decisions made by a Sheriff or Justice of the Peace.
The majority of criminal cases, both solemn and summary, are handled by the Sheriff Court and less serious summary cases are handled by the Justice of the Peace Court. The latter is made up of justices of the peace (who are lay justices and sit with a legally qualified adviser).
The two main civil courts in Scotland are the Court of Session and the Sheriff Court (including the civil Sheriff Appeal Court and the all-Scotland Personal Injury Court). The civil courts hear cases on a range of matters resolving disputes, including the recovery of debts, family actions and commerce.
The Court of Session is the supreme civil court in Scotland. It has an outer house, which deals with cases initially before any appeal, and an inner house, which deals mainly with appeals. The principal judge is the Lord President.
Points of law can be appealed to the new Supreme Court of the United Kingdom, with leave of either the Court of Session or Supreme Court.
The Sheriff Courts can deal with cases similar to those raised in the Court of Session, but also provide simplified procedures for cases up to the value of £5000, where the assistance of legal representatives is not required. Actions over £5000 and up to £100,000 must be raised in the Sheriff Courts.
The civil Sheriff Appeal Court has provision to have a single or triple appeal Sheriff bench presiding over civil appeals.
More detailed information about courts in Scotland can be found on the website of the Scottish Courts and Tribunals Service.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.