The BOE of 3 January 2025 has published the Organic Law 1/2025which modernises the Spanish judicial system in compliance with the Recovery, Transformation and Resilience Plan agreed with the European Commission. The reform introduces organisational and procedural changes to improve the efficiency and accessibility of justice.
Main novelties
1. Establishment of Courts of First Instance and Offices of Justice
✔ They replace the single-judge courts.The Commission's workload will be balanced and procedural criteria will be unified.
✔ The following are established justice offices in small municipalitiesavoiding unnecessary travel.
✔ The new offices will allow the following to be carried out procedural formalities by telematic means.
2. Promotion of alternative dispute resolution (ADR) methods
✔ Se requires mediation or conciliation before initiating civil and commercial claims.
✔ Penalties shall be imposed on those who unjustifiably refuse mediation where it is compulsory.
Exceptions: Not applicable in cases of fundamental rights, gender-based violence or protection of minors.
3. Procedural streamlining and digitisation
✔ Eliminating unnecessary hearings in oral trials if the judge considers that the evidence is sufficient.
✔ Possibility of oral judgementsrecorded and subsequently documented.
✔ Modernisation of electronic judicial auctions to speed up enforcement procedures.
✔ Review of the system of court costs to avoid abuses in contestation processes.
4. Entry into force and transition
✔ The law enters into force three months after its publicationexcept for the establishment of courts of first instance, which will do so in 20 days.
It will only apply to proceedings initiated after its entry into force, although in ongoing cases the parties will be able to make use of the new alternative dispute resolution methods on a voluntary basis.
Aim of the reform
✔ Increased efficiency and accessibility in the administration of justice.
✔ Decongestion of courts through the use of alternative dispute resolution methods.
✔ Technological modernisation to speed up judicial proceedings.
If you need advice on how these changes may affect your legal proceedings, contact us. At Echeverría Farriols Abogados & Asociados we help you to understand the new regulations.
