The dispersion of courts in large cities complicates coordination and administrative processes in the transition to the new model of judicial procedures in Spain. This problem, along with the lack of adequate staff and delays in digitalization, is among the main difficulties identified by legal deans and other industry associations. As Europa Press reports, the Ministry of Justice, led by Félix Bolaños, held this Monday a virtual meeting with representatives of regional governments to analyze the challenges and risks associated with the final introduction of the lower courts, a key measure of the Judicial Efficiency Law in its third phase of application.
During the meeting, held within the framework of the Justice Sector Conference, the Autonomous Communities reviewed the pending procedures and discussed the importance of careful documentation of each step in the transfer of powers. Europa Press highlighted that the General Council of the Judiciary (CGPJ) has stressed the need to carry out this preparatory work in order to avoid losses or documentation errors and to protect citizens’ access to justice. Effective coordination and comprehensive review were identified as priorities for the success of the proposed judicial reform.
Europa Press reported that the justice deans warned of the difficulties associated with the division of headquarters in cities such as Madrid, Valencia, Barcelona, Seville, Alicante and Palma de Mallorca. This distribution affects internal communication and the conduct of proceedings in the transition to the lower courts. Likewise, the deans warned of the lack of official designations of the officials responsible for managing this process, the lack of official lists of positions and the lack of employment contracts defining the situation of the personnel involved. Difficulties in communication and staff training represent significant obstacles to ensuring a reliable reorganization and digitalization process, as Europa Press explains.
With a view to the introduction of the new system, the ministerial authorities discussed the technical, regulatory and resource barriers that remain in municipalities such as Andalusia, Aragon, Asturias, the Canary Islands, Catalonia, Cantabria, the Community of Madrid, the Valencian Community, Galicia, the Basque Country, La Rioja and Navarre. The CGPJ stressed that delays and structural deficiencies must be addressed before the new judicial structure is introduced, warning, as Europa Press reported, that delays could affect the quality and operation of the service.
The Ministry of Justice expressed its willingness to consider an extension of implementation provided that the Autonomous Communities formally request it and provide clear justifications, a practice supported by the Law on Judicial Efficiency. Europa Press pointed out that this measure is intended to allow for a gradual adjustment that avoids negative impacts during the judicial modernization process.
Another relevant point that the deans raised and included in the report published by Europa Press is the still incomplete digitalization in many courts. The persistence of paper procedures and the lack of electronic files increase the risk of document loss and hinder the technological progress envisaged by the reform. Another obstacle to the desired transformation is the use of interim staff who are not sufficiently prepared to take on new functions.
Given this scenario, the deans requested a six-month moratorium on the entry into force of the third phase of the reform in order to avoid problems arising from a hasty change, as Europa Press reports. They justified the application by pointing to the lack of further training programs and the inadequate training of staff, which are essential factors for efficient implementation. The expansion is intended to equip the system with the human and technical resources required for the new structures and functions.
The transition process is also being monitored and put under pressure by professional associations and universities. Judges for Democracy (JJpD) said in a statement collected by Europa Press that “it cannot be postponed any longer” and called for urgent reforms to the CGPJ’s internal regulations. For this organization, updating the regulations is essential to ensure the functioning of the new court model. Although JJpD recognizes progress in creating positions and developing instructions to improve coordination, it continues to see a regulatory deficit as one of the main obstacles.
The General Council of Spanish Lawyers, chaired by Salvador González, intervened and called for strengthening surveillance and maintaining institutional openness to include different perspectives in the reform process. González stressed to Europa Press the importance of considering moratoria when necessary, stressing that timely identification and correction of lapses can avoid harm to users of the justice system. The regional legal councils have also proposed technical contributions focused on addressing the challenges of restructuring.
The aim of the reform of the lower courts is to increase the efficiency, administrative transparency and responsiveness of the justice system to social needs. According to Europa Press, discrepancies between government agencies, professional associations and public administrations have slowed down the consolidation of the new model and made it difficult to achieve the goals of judicial modernization.
In this context, the Ministry of Justice’s strategy aims to coordinate efforts with the Autonomous Communities, prioritizing the completion of digitalization, the regulation of staff working conditions and the establishment of coordinated administrative mechanisms. Europa Press noted that the meeting held on Monday represents a step aimed at resolving the main conflicts and advancing a consensus that will enable the expected judicial transformation.
Immediate needs identified include completing file digitization, ensuring adequate training and job stability for teams, and opening efficient channels for collaboration between institutions. The general view of all stakeholders, as summarized by Europa Press, is that only a detailed consideration of these shortcomings can ensure a transition to the lower courts model without compromising service to citizens.
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