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What it is

Who represents the Spanish State in court and under which rules

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 25 February 1997. Introduced by: Gobierno.

Official title: Government bill on Legal Assistance to the State and Public Institutions.

Follow this law

Source: Congreso de los Diputados, file 121/000032· updated 11 Nov

Automatic summary, not yet reviewed

  1. State Attorneys (Abogados del Estado), part of the State Legal Service, advise, represent and defend the State and its autonomous bodies in court. They also represent and defend Constitutional Bodies, unless those bodies' own rules provide a special regime.
  2. State Attorneys may defend public authorities, civil servants and State employees in proceedings arising from acts or omissions related to their position, as regulated by rules to be issued.
  3. When two bodies represented by the same State Attorney litigate against each other, the applicable rule or agreement applies first; if there is none, the State Legal Service proposes a course of action and the responsible minister decides what position to take.
  4. To withdraw an appeal or accept the other party's claims, the State Attorney needs express authorization from the State Legal Service, after a report from the affected department.
  5. Court notices and summonses in cases where the State is a party are served directly on the State Attorney at their office; otherwise they are void. The State and its bodies are also exempt from posting deposits, guarantees or consignments in court proceedings.
  6. In civil cases against the State, the judge may suspend the proceedings for up to one month so the State Attorney can prepare the defense. Civil cases against the State are heard by courts seated in provincial capitals, Ceuta or Melilla.

Who it affects

  • The State and its autonomous bodies: They receive advice, representation and defense from State Attorneys and enjoy special procedural rules.
  • Constitutional Bodies: They are defended by the State Legal Service unless they have their own regime.
  • Public authorities, civil servants and State employees: They may be defended by State Attorneys in cases tied to their position.
  • Autonomous Communities (Comunidades Autónomas): They may hire State Attorneys through agreements, and the procedural rules of Articles 11 to 15 apply to them.
  • People who sue the State: They must serve notices on the State Attorney and cannot require the State to post deposits or guarantees.

Words worth knowing

Organismo autónomo (autonomous body)
A public body dependent on the State with some independence to manage its functions.
Allanarse (to accept the claims)
To accept the other party's claims during a lawsuit.
Costas (court costs)
Costs of the lawsuit (lawyers, court agents, fees) that the court can order one party to pay.
Cauciones (guarantees)
Guarantees or cash deposits some laws require to file a case or use certain appeals.
Órganos Constitucionales (Constitutional Bodies)
Bodies with constitutional rank, such as the Cortes Generales or the Constitutional Court.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced25 February 1997Someone registers the text in the Congreso.
  2. Admitted11 March 1997The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments17 March 1997Groups propose changes.
  4. Committee22 April 1997A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate23 June 1997The Senate can pass it, amend it or veto it.
  7. BOE13 November 1997It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Mar 1997Jun 1997Sept 199711. 25 February 1997: Presentación22. 11 March 1997: Comisión de Justicia e Interior Publicación desde 11/03/1997 hasta 17/03/199733. 11 March 1997: Calificación44. 17 March 1997: Comisión de Justicia e Interior Enmiendas desde 17/03/1997 hasta 22/04/199755. 22 April 1997: Comisión de Justicia e Interior Mesa - Calificación desde 22/04/1997 hasta 22/04/199766. 22 April 1997: Comisión de Justicia e Interior Debate de totalidad desde 22/04/1997 hasta 26/04/199777. 26 April 1997: Comisión de Justicia e Interior Informe desde 26/04/1997 hasta 03/06/199788. 3 June 1997: Comisión de Justicia e Interior Aprobación con competencia legislativa plena desde 03/06/1997 hasta 23/06/199799. 23 June 1997: Senado desde 23/06/1997 hasta 13/11/19971010. 13 November 1997: Concluido - (Aprobado con modificaciones) desde 13/11/1997 hasta 16/12/1997

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?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 52/1997, of 27 November, on Legal Assistance to the State and Public Institutions.

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.

Read the full method · Report an error