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What it is

Proposal to abolish 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 28 October 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 122/000041· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would expand the exemptions from the court fee. Exempt parties would include, among others, individuals, non-profit entities, homeowners' associations and companies with a turnover of less than one million euros.
  2. It would amend the Civil Procedure Act so that the court fee is not included in the costs of the proceedings, unless the losing party is found to have litigated recklessly.
  3. The law would enter into force on January 1, 2017.
  4. The explanatory memorandum explains that Law 10/2012 reinstated court fees on a general basis and that the Constitutional Court, in ruling 74/2016, declared both its fixed and variable fees disproportionate.

Who it affects

  • Individuals going to court.: Would no longer pay the court fee in any case.
  • Non-profit entities and NGOs defending human rights, social welfare or the environment.: Would be exempt from paying the court fee.
  • Homeowners' associations.: Would be exempt from paying the court fee.
  • Companies with a turnover of less than one million euros.: Would be exempt from paying the court fee.
  • Anyone who wins a lawsuit against a legal entity.: Could not recover the court fee as part of the costs, unless the losing party litigated recklessly.

Words worth knowing

Tasa judicial (court fee)
Money that had to be paid to the State to file certain lawsuits or appeals in court.
Costas del proceso (costs of the proceedings)
The costs of the trial (lawyers, court representatives, fees), usually paid by the losing party.
Temeridad (reckless litigation)
Filing a claim or appeal with no grounds at all, in an abusive way.
Asistencia jurídica gratuita (legal aid)
The right to have a lawyer and other trial costs paid by the State when you cannot afford them.

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. Introduced28 October 2016Someone registers the text in the Congreso.
  2. Admitted8 November 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. 28 October 2016: Presentación22. 8 November 2016: Boletín Oficial de las Cortes Generales Publicación desde 08/11/2016 hasta 11/11/201633. 8 November 2016: Calificación44. 11 November 2016: Gobierno Contestación desde 11/11/2016 hasta 27/12/2016 Nota: (Mesa 27/12/2016 - concluida - decaída por comunicación disconformidad Gobierno).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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