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What it is

Who resolves conflicts between courts, government and military courts

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 1 October 1986. Introduced by: GOBIERNO.

Official title: Organic Government bill on Jurisdictional Conflicts.

Follow this law

Source: Congreso de los Diputados, file 121/000010· updated 11 Nov

Automatic summary, not yet reviewed

  1. Conflicts between courts and the Administration are resolved by a mixed body called the Tribunal de Conflictos de Jurisdicción (Court of Jurisdictional Conflicts).
  2. Any court may raise these conflicts against the Administration. On the Administration's side, only certain bodies may do so: Government members, delegates, certain military officers, civil governors, Treasury delegates, and the bodies designated for autonomous communities and local governments.
  3. Conflicts may not be raised in Habeas corpus A fast court procedure to decide whether a detained person should be released. matters, on final judgments, or on administrative decisions already final, except during enforcement.
  4. The procedure is set out: the body starting the conflict asks the other to step aside, the other may keep or give up its jurisdiction, and the case is suspended in the meantime except for urgent measures.
  5. If neither the court nor the Administration wants a case, the person involved may start a negative conflict. The Tribunal issues a judgment, against which only a constitutional amparo appeal is possible, and the procedure is free of charge.
  6. The law also covers conflicts with military courts and with the audit jurisdiction, and repeals most of the 1948 Jurisdictional Conflicts Law.

Who it affects

  • Courts and judges: They may raise jurisdictional conflicts with the Administration and with military courts, following the law's procedure.
  • Public administrations: The State, autonomous communities and local governments may raise conflicts through the bodies the law authorizes.
  • People with a pending case: If neither the court nor the Administration claims the case, they may start a negative jurisdictional conflict.
  • Military jurisdiction: Its bodies may raise and defend conflicts with ordinary courts and with the Administration.

Words worth knowing

Conflicto de jurisdicción
A dispute over whether a matter belongs to the courts or to the Administration.
Requerimiento de inhibición
A formal request for the other body to stop handling the case.
Conflicto negativo
A situation where neither the court nor the Administration wants to handle the matter.
Habeas corpus
A fast court procedure to decide whether a detained person should be released.
Jurisdicción contable
The jurisdiction that audits the accounts and financial management of public entities.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced1 October 1986Someone registers the text in the Congreso.
  2. Admitted7 October 1986The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
11. 1 October 1986: Presentación22. 7 October 1986: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Organic Law 2/1987, of May 18, on Jurisdictional Conflicts.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error