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What it is

Bill to digitize Spanish justice: online filings, hearings and case files

Amendments step 3 of 7 · Unfinished

It is a government bill. Introduced by the Government. It was introduced on 21 July 2022. Introduced by: Gobierno.

Official title: Government bill on Digital Efficiency Measures of the Public Justice Service.

Source: Congreso de los Diputados, file 121/000116· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would make the justice system work through electronic means: filing documents, notifications and checking case files would be digital, although individuals who are not required to do so could choose whether to use these channels.
  2. It creates Carpeta Justicia (Justice Folder), a personalized service where each person could check their case files, view and sign pending notifications, request an appointment and file suggestions or complaints, after secure identification.
  3. It regulates the electronic court case file, identified with a single number and an electronic index, plus a common system to exchange documents and case files between courts and prosecutor offices nationwide.
  4. Trials, hearings and appearances would preferably be held by videoconference, with exceptions: the defendant must appear in person in serious crime trials and jury trials, and may request it in other cases.
  5. It defines secure access points and secure places from which people can take part remotely, and bans recording or taking images of those proceedings for purposes other than judicial ones, with fines from 180 to 60,000 euros.
  6. It establishes automated, proactive and assisted actions: the system could perform simple procedural tasks, generate alerts or prepare document drafts, but a draft never becomes a ruling without validation by a judge, prosecutor or court clerk.
  7. It strengthens transparency with a Justice Administration data portal, which would include an open data section with anonymized information on the activity and workload of judicial bodies.
  8. The bill would enter into force on January 1, 2023, although most key services (Carpeta Justicia, the common registry, the Common Point for Notifications) would start on January 1, 2025.

Who it affects

  • General public: People could deal with courts electronically and use Carpeta Justicia to check case files, receive notifications and request appointments; those not required to do so could choose the channel.
  • Lawyers, court representatives and social graduates: They would be required to use electronic means and would have the right to digital disconnection and work-life balance.
  • Judges, prosecutors and court staff: They could work remotely or by telework through secure systems and would use electronic signatures in their work.
  • Victims of gender or sexual violence, minors and people with disabilities: They could testify by videoconference from the places where they receive assistance or protection, without going to court.
  • Older people and people with disabilities: Administrations must guarantee they can access electronic services on equal terms.

Words worth knowing

Sede judicial electrónica (electronic courthouse)
Official website of each justice administration where court procedures are carried out and judicial information is checked.
Expediente judicial electrónico (electronic case file)
Digital set of data, documents, steps and recordings of a court case, replacing the paper file.
Actos de comunicación (court notifications)
Notifications and summonses the court sends to the parties and professionals in a case.
Punto de acceso seguro (secure access point)
Device or system meeting technical requirements to take part by videoconference in a court proceeding with full legal effect.
Letrado de la Administración de Justicia (court clerk)
Civil servant who manages and certifies court procedures (formerly called judicial secretary).

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 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced21 July 2022Someone registers the text in the Congreso.
  2. Admitted8 September 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments12 September 2022Groups 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 5 official steps on a timeline
Sept 2022Dec 2022Mar 202311. 21 July 2022: Presentación22. 8 September 2022: Comisión de Justicia Publicación desde 08/09/2022 hasta 12/09/202233. 8 September 2022: Calificación44. 12 September 2022: Comisión de Justicia Enmiendas desde 12/09/2022 hasta 30/05/202355. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

27 October 2022

How did the plenary vote?

More votes in favour 334 yes · 1 no · 7 abst.

Voted on: Vote on the request by the Plural Parliamentary Group (Mr. Bel Accensi) for the Plenary of the Chamber to take over the deliberation and final vote on the Government bill on Measures for the Digital Efficiency of the Public Justice Service.

Source: Congreso de los Diputados, vote 5 of sitting 211· 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 Republicano, Socialista, Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. Against, most of Vasco (EAJ-PNV). 2 deputies voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

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

  • In favour: 51
  • Against: 0
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 abst.
Republicano13
13 in favour
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
1 against · 5 did not vote
Mixto11
11 in favour
Ciudadanos9
9 in favour
Gcup-ec-gc33
31 in favour · 1 abst. · 1 did not vote
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
51 in favour · 1 abst.

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.