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What it is

Bill to abolish court fees for almost everyone

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 27 April 2018. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill to amend the regime of court fees established by Law 10/2012, of November 20, and the Civil Procedure Law, with the repeal of paragraph 7 of Article 24.1.7 LEC added by Law 37/2011, of October 10, on procedural streamlining measures.

Follow this law

Source: Congreso de los Diputados, file 122/000222· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would exempt from the court fee all individuals, nonprofit entities under the special regime of Law 49/2002, entities exempt from Corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings., small and medium-sized entities, the Public Prosecutor's Office, public administrations, and the Spanish Parliament and regional legislative assemblies.
  2. It would add a section to the Civil Procedure Act so that the court fee can never be included in the costs of the proceedings, that is, the expenses the losing party must pay.
  3. It would repeal section 7 of Article 241.1 of the Civil Procedure Act, which allowed the amount of the court fee to be included in the award of costs.
  4. The law would take effect the day after its publication in the Official State Gazette, except for measures that increase spending or reduce revenue in the current budget, which would take effect in the following fiscal year.

Who it affects

  • Individuals who go to court: They would be exempt from paying the court fee.
  • Small and medium-sized businesses: They would be exempt from the court fee.
  • Nonprofit entities under Law 49/2002: They would be exempt from the court fee.
  • Large companies: They would keep paying the fee, but according to the explanatory statement it could not be passed on through costs or deducted for tax purposes.
  • Public administrations, the Public Prosecutor's Office and the Spanish Parliament: They would be exempt from the court fee.

Words worth knowing

Tasa judicial (court fee)
Money paid to the State to start certain court proceedings.
Costas del proceso (costs of the proceedings)
Trial expenses (lawyers, court representatives, fees) usually paid by the losing party.
Tutela judicial efectiva (effective judicial protection)
The constitutional right to go to court and obtain a fair ruling.
Entidad de reducida dimensión (small-sized entity)
A category under Corporate Income Tax that covers small and medium-sized companies.
Proposición de ley (bill)
A text introduced by a parliamentary group to become law; it is not yet approved.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

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. Introduced27 April 2018Someone registers the text in the Congreso.
  2. Admitted3 May 2018The 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
Jun 2018Sept 2018Dec 201811. 27 April 2018: Presentación22. 3 May 2018: Boletín Oficial de las Cortes Generales Publicación desde 03/05/2018 hasta 07/05/201833. 3 May 2018: Calificación44. 7 May 2018: Gobierno Contestación desde 07/05/2018 hasta 13/06/201855. 13 June 2018: Pleno Toma en consideración desde 13/06/2018 hasta 05/03/201966. 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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