Will There Soon Be An Acceleration of Legal Proceedings Before Spanish Courts?

5 February 2009

On January 26, at the request of the Ministry of Justice, Mr. Mariano Fernández Bermejo met for the first time with the four main associations of judges who represent more than half of the 4,500 judges in Spain.

The motives for this meeting stem from the mid-January demand submitted by the judges in which they set a deadline for the Spanish government to assume their obligations as regards the modernization of justice. Specifically, they demand the introduction of an electronic system, called Lexnet, in all of the courts for brief and document filing and the sending of copies or procedural notifications, amongst other uses. The various participants modified their stances in the meeting, however no final agreement was reached. Responsibility for the planning of trials which for the time being, falls on the judges themselves, is still to be determined. There are plans to transfer this activity to the secretary’s notary officials.

The announcement of a judges’ strike set for June 26th remains controversial; this strike, along with various protest actions scheduled for February 18th, would be without precedent.

It remains to be seen if said strike will be called off as a result of the meetings which continue to be held between various leaders, thus avoiding future procedural delays. Only practice will show when these modernizing measures bring about an acceleration in legal proceedings.

For further information, please contact Daniel Cano Theis: dcano@mmmm.es