Competent national authority

Spain

Organic Law No. 6/1985 on the Judicial Power on the 1985 (2007)

VOLUME I
THE EXTENSION AND LIMITS OF JURISDICTION AND THE STAFFING AND ORGANISATION OF THE COURTS AND TRIBUNALS

TITLE III
Judicial actions

CHAPTER VIII
JURISDICTIONAL COOPERATION

Article 276.

Requests for international cooperation shall be issued through the President of the Supreme Court, the High Court of Justice or the National Court and the Ministry of Justice which shall transmit then to the competent Authorities of the requested State, either through consular or diplomatic means, or directly if international treaties so provide.

Article 277.

The Spanish Courts and Tribunals shall provide foreign judicial authorities with any cooperation required of them for carrying out their jurisdictional duties pursuant to the terms of international treaties and conventions to which Spain is a signatory, and failing this, on the basis of reciprocity, according to the terms of the following article.

Article 278.

1. If the existence of reciprocity is attested to or if this is offered by the requesting foreign judicial body, the provision of international cooperation shall only be refused by the Spanish Courts and tribunals :
1.° When the process arising from the cooperation application is the exclusive competence of Spanish jurisdiction.
2.° When the content of the action to be carried out does not correspond to the attributions proper to the requested Spanish judicial authority. In this case it shall remit the application to the competent judicial authority, informing the requesting authority of this fact.
3.° When the communication containing the cooperation application does not fulfil the requirements of sufficient authenticity or is drafted in a language other than Spanish.
4.° When the object of the requested cooperation is manifestly contrary to Spanish public order.

2. The determination of the existence of reciprocity with the requesting State shall correspond to the Government through the Ministry of Justice.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.