Reform of Spain's Judiciary Law: organization, data and jurisdiction

Automatic summary, not yet reviewed

1. Military jurisdiction is definitively integrated into the Judiciary, and the Defense Ministry's privilege of submitting shortlists to appoint Judges of the Military Chamber of the Supreme Court is eliminated.
2. A review appeal to the Supreme Court is allowed against a final judgment when the European Court of Human Rights has found it violates rights under the European Convention, provided the violation has lasting effects.
3. Data protection in the courts is regulated for the first time in a complete way, distinguishing between jurisdictional files (overseen by the General Council of the Judiciary) and non-jurisdictional files (overseen by the Spanish Data Protection Agency).
4. The powers of the Courts of Violence against Women are expanded to cover crimes against privacy, image and honor, and breach-of-sentence crimes when the victim is the offender's wife or partner. The Government may also extend their jurisdiction over two or more judicial districts in the same province by royal decree.
5. The criteria for deciding when Spanish courts hear civil cases with international elements are updated, and the procedure for referring questions to the Court of Justice of the European Union is regulated.
6. The direct civil liability of Judges and Magistrates is eliminated: those harmed must claim against the State, which may seek reimbursement from the judge in cases of willful misconduct or gross negligence. The emeritus judge figure is also abolished, and active service may be extended up to age 72.
7. Judicial Secretaries are renamed Court Clerks (Letrados de la Administración de Justicia), with new duties such as mediation, handling order-for-payment procedures, and issuing 'decrees' as their own type of ruling, plus a specific disciplinary regime.
8. The cassation appeal in administrative law is strengthened to ensure uniform application of the law, with an admission system based on objective cassation interest for building case law.

Who it affects

• Citizens who go to court, especially victims of gender violence, who will have more specialized judges with broader powers.: More specialization and protection.
• People whose data appears in court proceedings, whose rights of access, rectification, cancellation and objection are now regulated.: More control over their data.
• Judges, Magistrates and Court Clerks, whose rules on liability, substitutions, discipline and retirement change.: New professional rules.
• Those litigating civil cases with international elements or appealing in cassation in administrative matters.: New jurisdiction and appeal rules.
• People with disabilities, who will have a reserved minimum quota in selection processes for the judicial and prosecutorial careers and other court staff.: More access to judicial employment.

Words worth knowing

Recurso de revisión (review appeal)

An exceptional way to ask that a final judgment be reexamined, for example when a European court finds it violated rights.

Cuestión prejudicial (preliminary reference)

A question a Spanish judge sends to the Court of Justice of the European Union about how to interpret EU law.

Recurso de casación (cassation appeal)

An appeal to the Supreme Court to review errors in applying the law, not to retry the case.

Ficheros jurisdiccionales (jurisdictional files)

Sets of personal data created to handle court proceedings.

Procedimiento monitorio (order-for-payment procedure)

A simplified court process to claim money debts quickly.

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