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What it is

Proposal to eliminate court fees

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 8 August 2016. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill for the abolition of court fees.

Follow this law

Source: Congreso de los Diputados, file 122/000014· updated 11 Nov

Automatic summary, not yet reviewed

  1. The proposal explains that Law 10/2012 reintroduced court fees across the board, 26 years after they were abolished, and that the Constitutional Court declared their fixed and variable amounts disproportionate in Ruling 74/2016.
  2. The bill would expand the exemptions from the court fee so that, among others, individuals, nonprofit entities, homeowners' associations, and companies with revenue under one million euros would be exempt.
  3. It would also amend the Civil Procedure Law so that the court fee is not included in the costs of the proceedings, unless the losing party is found to have litigated recklessly.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Individuals who go to court: They would be exempt from paying the court fee.
  • Nonprofit entities and NGOs defending human rights, social welfare, or the environment: They would be exempt from the fee.
  • Homeowners' associations: They would be exempt from the fee.
  • Companies with revenue under one million euros: They would be exempt from the fee.
  • Public administrations, the Spanish Parliament, regional legislatures, and the Public Prosecutor's Office: They would be exempt from the fee.

Words worth knowing

Tasa judicial (court fee)
Money you must pay the State to file certain lawsuits or appeals in court.
Costas del proceso (costs of the proceedings)
Trial costs (lawyers, court representatives, fees) that the losing party usually pays.
Asistencia jurídica gratuita (free legal aid)
The right to have a lawyer and costs covered by the State when you have a low income.
Cifra de negocio (revenue)
The total money a company takes in from its sales or services.
Temeridad (reckless litigation)
Suing or appealing recklessly, that is, without grounds and in bad faith.

It summarizes the text as it was introduced. 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 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced8 August 2016Someone registers the text in the Congreso.
  2. Admitted6 September 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2016Dec 2017Dec 201811. 8 August 2016: Presentación22. 6 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 06/09/2016 hasta 09/09/201633. 6 September 2016: Calificación44. 9 September 2016: Gobierno Contestación desde 09/09/2016 hasta 04/09/2018 Nota: (Comunicación disconformidad - Solicitud mayor información por acuerdo de Mesa de 13/12/2016).55. 4 September 2018: Pleno Toma en consideración desde 04/09/2018 hasta 05/03/2019 Nota: (Nuevo criterio del Gobierno 19/07/2018).66. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

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.

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