Basque Judicial Branch: what it was, it is and it should be

Abstract

The dispersal phenomenon of the rules had a big influence in de Basque territories, and, consequently, they wrote Fueros (regional laws) in each territory. To applied them the Foral Territories formed their own administration of justice. The The Regional Law of Bizkaia, in 1526, contained a complete judicial organization, but also the other territories had their own public law system. This system existed until 1834, when Spain abolished it. Since then, the Spanish Constitution in 1978 proclamed the only Judicial Branch in the Autonomies State. However, regarding the administration of justice, the subrogation clause that contained some Statutes of Autonomy where considered legal by the Constitutional Court, opening descentralization options. In that situation, the lack of efficiency and the lack of adecuation to the political context creates the need for changes.