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Enable the month of August, fine anyone who holds unjustifiable positions or sentences handed down in voce for minor crimes. The General Council of the Judiciary ( CGPJ ) will address this Wednesday the measures of the shock plan designed to prevent a collapse of the Administration of Justice after the end of the state of alarm declared due to the coronavirus pandemic.

The Permanent Commission has a hundred measures on the table that will be sent to the Ministry of Justice, led by Juan Carlos Campo, with the aim of contributing to the plan to streamline judicial activity when the normal activity of the courts is resumed.

These measures include the application of reinforcement mechanisms in overloaded bodies, the establishment of rules for the distribution and specialization of courts in the civil order, exceeding the territorial scope of the judicial party, or the full authorization in August to the ordinary processing and resolution of the procedures. Furthermore, the governing body of the judges foresees specific measures in the civil, social and commercial jurisdictions.

In the case of civil jurisdiction , where you will have to face a significant number of bankruptcy proceedings and others in which issues affecting the life of contracts are settled after the situation of confinement or claims proper to the scope of the right of family, it is proposed to establish channels for the unification of interpretive criteria.

In this way, it is intended to avoid conflicting judicial responses, as well as to discourage unsubstantiated litigation through the specific regulation of the sentence to pay procedural costs or the possibility of imposing a fine as a consequence of maintaining unjustifiable positions.

Another of the measures proposed in this area is the establishment of a fast-running incident procedure for the resolution of requests for compensation of child visitation regimes for parents, who during the state of alarm have not been able to enjoy the established by court order.

Measures in the social, contentious and civil matters

On the other hand, in criminal jurisdiction , it is proposed that certain judgments can be handed down orally, without the need for their subsequent documentation, as the justification is included in audiovisual support.

It would be a possibility limited to the prosecution of minor crimes and cases in which, due to the agreement of the parties, there will no longer be a subsequent appeal to a higher instance.

In the contentious-administrative jurisdiction, the council proposes the application of two specific measures while the effects of those adopted to contain the Covid-19 remain.

On the one hand, the "collective legitimation" of unions and associations to challenge certain types of resolutions, which will allow concentrating in a single procedure what could be hundreds or thousands; and on the other, the expansion of administrative resources regarding contracts.

In the social jurisdiction , amendments to the Social Jurisdiction Law are considered in the matter of ERTE to facilitate challenges in accordance with the procedural modality of collective conflicts, thus contributing to the dispute being resolved in a single lawsuit.

In addition, it is suggested to introduce the urgent nature of the processes for dismissal or, alternatively, a transitory provision in the legislation that establishes that until December 31, 2020, any claim for dismissal will also be considered urgent and preferred.

The CGPJ plans to transmit this base document to the presidents of the Superior Courts of Justice, to the judicial associations and to the legal operators, to submit it for debate and to make as many contributions as appropriate.

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  • General Council of the Judiciary
  • Juan Carlos Campo
  • Justice
  • Covid 19
  • Coronavirus

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