Justice overhaul: new Instance Courts, municipal offices, faster lawsuits

Automatic summary, not yet reviewed

1. The current single-judge courts are transformed into Instance Courts (Tribunales de Instancia), collegial bodies with one in each judicial district. They may have specialized sections for family, commercial, gender violence, violence against children, criminal, minors, penitentiary supervision, administrative and labor matters.
2. Justice of the Peace courts become Municipal Justice Offices (Oficinas de Justicia en los municipios). They keep and expand their services: procedural notifications, cooperation with the Civil Registry, support for mediation and citizen assistance, so people do not have to travel to the provincial capital.
3. Before filing a civil lawsuit, as a general rule, parties must first attempt a negotiation: mediation, conciliation, a binding offer or an independent expert opinion. Without proof of that attempt, the lawsuit will not be admitted, except in the matters excluded by law.
4. In consumer claims over floor clauses or other abusive clauses in mortgage loans, a prior out-of-court claim must be filed with the lender before suing, which has one month to respond.
5. A new concept of abuse of the public justice service is created: a party that unjustifiably refuses to take part in prior negotiation may have to pay the court costs or fines of between 180 and 6,000 euros.
6. Criminal proceedings are streamlined: a preliminary hearing is created before trial, plea agreements (conformidad) are expanded by removing the six-year sentence limit, and the sentencing enforcement phase is organized.
7. Criminal cases with minor victims will get priority handling, and specialized court sections for violence against children and adolescents are created.
8. The electronic judicial auction is reformed: the deposit to bid rises to 20% of the value (minimum 1,000 euros), the deadline to pay the remaining price for real estate is cut to twenty days, and a debtor's primary home will not be awarded below 70% of its auction value, unless the amount covers the debt.

Who it affects

• People with a civil or commercial dispute: They must attempt negotiation before suing or risk having the lawsuit rejected or paying the costs.
• Consumers with claims against banks: Before suing over abusive clauses they must first file a claim with the lender.
• People living in small municipalities: They will have Municipal Justice Offices for many procedures without traveling to the capital.
• Crime victims, especially minors: Their cases get priority handling and specialized court sections.
• People taking part in a judicial auction: The bidding deposit, payment deadlines and minimum award prices change.

Words worth knowing

Tribunal de Instancia (Instance Court)

New collegial court that replaces the current single-judge courts as the first level of the justice system.

Requisito de procedibilidad (admissibility requirement)

A condition that must be met before filing a lawsuit for the court to admit it.

Conformidad (plea agreement)

The defendant's agreement to acknowledge the facts and accept the sentence, avoiding a full trial.

Medios adecuados de solución de controversias (appropriate dispute resolution methods)

Ways to resolve a dispute without a trial, such as mediation, conciliation or negotiation between the parties.

Costas (court costs)

Trial expenses, including lawyer and court representative fees, which the court can order one party to pay.

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