14 Jun The Justice of the Peace in Catalonia: Community Justice with a Restorative Perspective

In a time when we demand a justice system that is closer, more accessible and humane, the figure of the Justice of the Peace takes on renewed importance. It is a historic institution deeply rooted in local territory that, with a conciliatory approach, helps resolve everyday disputes in an agile, dialogue-based manner.

What is a Justice of the Peace?

A Justice of the Peace is a judicial authority present in municipalities where there is no court of first instance and inquiry. Its mission is to ensure accessible, community-centered justice tailored to local needs. In many cases, it serves as a point of reference for dialogue, listening and conciliation in low-value civil matters or neighbourhood disputes.

What are their functions?

The legal framework regulating Justices of the Peace, particularly the Organic Law of the Judiciary (LOPJ), grants them roles in three main areas:

1. Judicial functions:
   • Handling minor verbal trials.
   • Facilitating conciliation acts between private parties.
   • Enforcing certain judicial resolutions.
2. Administrative functions:
   • Officiating civil marriages.
   • Managing the Civil Registry (births, marriages, deaths, certificates).
3. Social and community functions:
   • Intervening in neighbourhood coexistence conflicts.
   • Informally resolving local grievances.

Their intervention can be crucial in de-escalating tensions and preventing minor disputes from entering the formal judicial system.

Where are they located?

In Catalonia, Justices of the Peace operate in all municipalities without their own court, encompassing hundreds of towns, especially in more rural or mid-sized regions. They represent a model of decentralized, community-based justice, directly serving residents.

How are they appointed and what are the requirements?

Justices of the Peace are elected by the municipal council and appointed by the High Court of Justice of Catalonia (TSJC) for a four-year term.

The requirements to become a Justice of the Peace are:

• Be a Spanish citizen.
• Be over 18 years old.
• Have no criminal record.
• Not be subject to legal incompatibilities.
• No legal training is required, but candidates must demonstrate a service-oriented attitude, impartiality, and strong communication skills.

Any resident of the municipality can apply when the local council issues a public call for candidates during the renewal process.

Why are they considered mediators?

Although they do not operate as professional mediators within mediation law, many Justices of the Peace function in a conciliatory and restorative manner. They help manage conflicts with empathy, common sense, and local context awareness, promoting voluntary and restorative agreements.