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What it is

New court fees and toxicology registry fees

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 3 August 2012. Introduced by: Gobierno.

Official title: Government bill regulating certain fees in the sphere of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

Source: Congreso de los Diputados, file 121/000018· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law creates a state fee for going to court in civil, administrative litigation and social (labor) proceedings. It applies to filing lawsuits, counterclaims, payment order requests, insolvency filings and certain appeals, but not to criminal cases.
  2. The fee has a fixed part depending on the type of case (for example, 300 euros for an ordinary civil trial or 1,200 euros for cassation appeals) plus a variable part of 0.5% or 0.25% based on the amount in dispute.
  3. People with legal aid, the State Attorney General's Office (Ministerio Fiscal), public administrations and the Spanish Parliament are exempt, among others. There are also exemptions for family and minor-related cases, and workers get a 60% exemption on appeals in social proceedings.
  4. The person paying must attach the payment receipt to the court filing; otherwise the court clerk will not process it until it is corrected. If the amount in dispute changes, a supplementary return must be filed within one month.
  5. 60% of the fee is refunded if the dispute ends in an out-of-court settlement, 20% if cases are joined, and there is a 10% discount for using electronic means.
  6. A second fee is created for companies registering or updating toxicology records with the Toxicological Information Service, with reduced amounts for SMEs and a temporary exemption for companies that belonged to certain trade associations.

Who it affects

  • People filing lawsuits or appeals in civil, administrative or social proceedings: They must pay the court fee before filing, unless exempt.
  • People with legal aid, the State Attorney General's Office and public administrations: They are exempt from the fee.
  • Workers in social (labor) proceedings: They get a 60% exemption on appeals.
  • Companies selling hazardous chemical mixtures: They must pay the toxicology registry fee, with reduced amounts if they are SMEs.
  • Public employees in the justice administration: The 2012 cut to their extra pay is adjusted to match that of other civil servants.

Words worth knowing

Tasa
A fee paid to the State for a specific public service, such as going to court.
Hecho imponible
The action or situation that triggers the tax, such as filing a lawsuit.
Sujeto pasivo
The person required to pay the fee.
Devengo
The moment the obligation to pay the fee arises.
Autoliquidación
A tax return the taxpayer fills out and pays themselves, without the administration calculating it.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced3 August 2012Someone registers the text in the Congreso.
  2. Admitted4 September 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments7 September 2012Groups propose changes.
  4. Committee16 October 2012A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate31 October 2012The Senate can pass it, amend it or veto it.
  7. BOE14 November 2012It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Aug 2012Sept 2012Oct 201211. 3 August 2012: Presentación22. 4 September 2012: Comisión de Justicia Publicación desde 04/09/2012 hasta 07/09/201233. 4 September 2012: Calificación44. 7 September 2012: Comisión de Justicia Enmiendas desde 07/09/2012 hasta 19/10/201255. 10 October 2012: Comisión de Justicia Mesa - Calificación desde 10/10/2012 hasta 16/10/201266. 16 October 2012: Comisión de Justicia Debate de totalidad desde 16/10/2012 hasta 22/10/201277. 22 October 2012: Comisión de Justicia Informe desde 22/10/2012 hasta 25/10/201288. 25 October 2012: Comisión de Justicia Aprobación con competencia legislativa plena desde 25/10/2012 hasta 31/10/201299. 31 October 2012: Senado desde 31/10/2012 hasta 14/11/20121010. 14 November 2012: Concluido - (Aprobado con modificaciones) desde 14/11/2012 hasta 04/12/2012

22 October 2012

How did the plenary vote?

More votes against 124 yes · 177 no · 5 abst.

Voted on: Request by the Socialist Parliamentary Group for the Plenary to take up the Government bill regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 3 of sitting 62· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Mixto, GC-CiU, GIP and GUPyD. Against, most of Popular en el Congreso. 2 deputies voted differently from their group.

By province: in 5 most voted in favour; in 40, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 5
  • Against: 40
  • Tie: 7
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
90 in favour · 1 against · 19 did not vote
Vasco (EAJ-PNV)5
5 abst.
Mixto18
8 in favour · 1 against · 9 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
8 in favour · 3 did not vote
GUPyD5
5 in favour
Popular en el Congreso185
175 against · 10 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 10/2012, of November 20, regulating certain fees in the field of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.