The operations of Spain’s judicial system have been impacted by the country’s COVID-19 measures and subsequent extensions of the state of emergency, as well as resolutions of the General Council of the Judiciary. For your convenience, these measures are summarized below.

Measures proposed and adopted after the first extension of the state of emergency

Proposal of the Permanent Commission of the General Council of the Judiciary in its session of 28 March

Following the first extension of the state of emergency, the Permanent Commission of the General Council of the Judiciary, in its session of 28 March, agreed:

(i) To maintain the validity and effectiveness of its previously adopted agreements and measures for the duration of the extended state of emergency.

(ii) To suspend the terms and interrupt the deadlines for processing all types of administrative proceedings, including contractual ones, for the duration of the extended state of emergency, under the terms provided in the Third Additional Provision of RD 463/2020.

(iii) Upon a reasoned request by the competent body, the Permanent Commission may agree to continue administrative proceedings closely linked to the state of emergency, or that are essential for the protection of the general interest or for the basic functioning of the services of the General Council of the Judiciary.

(iv) The calculation of the deadlines will be resumed at the moment the state of emergency loses its validity.

Royal Decree-Law 11/2020 of 31 March adopting additional urgent social and economic measures to deal with COVID-19.

Following the second extension of the state of emergency, Royal Decree Law 11/2020 was issued on 31 March, adopting additional urgent social and economic measures to address COVID-19. Specifically, its Eighth Additional Provision extended the period for appeal in the case of:

(i) Claims in administrative proceedings or initiation of any other proceedings of challenge, claim, conciliation, mediation and arbitration that replace them in accordance with the provisions of the Laws;

(ii) Any proceedings which may have adverse or detrimental effects on the person concerned;

This extension is granted, regardless of the time that has elapsed since the notification of the administrative action that is the object of the claim prior to the declaration of the state of emergency. All of this notwithstanding the effectiveness and enforceability of the administrative act that was challenged.

In these cases, the period will be counted from the working day following the date of the end of the state of emergency.

Proposal of the General Council of the Spanish Legal Profession of 6 April 2020

On 6 April 2020, the General Council of the Spanish Legal Profession submitted a proposal to the General Council of the Judiciary to streamline proceedings, setting out three phases of action:

• First Phase, from April 13th to April 26th, during the extended state of emergency:
  • Recovery of the activity of the courts and attendance of civil servants, in accordance with the safety requirements prescribed by the health authority
  • No hearings or assignations, except those considered essential
  • Processing of cases pending in the courts, with no new pleadings allowed
  • Procedural deadlines remain suspended.
• Second Phase, from 27 April to 11 May, if the state of emergency continues to be extended:
  • Reopen the possibility of filing new writs, with the work remaining closed.
• Third Phase from 12 May, if the state of emergency is lifted:
  • Normal activity, including hearings and trials, would be resumed, starting with those that were suspended due to the state of emergency, and then establishing them in order of preference, according to urgency and necessity.

Measures proposed by the General Council of the Judiciary to avoid the collapse of the justice system.

After evaluating the proposals submitted, on 7 April the General Council of the Judiciary approved a number of measures to prevent the collapse of the justice system after the end of the state of emergency. The measures are divided into five sections:

1. General measures
2. Measures in the civil jurisdiction
3. Measures in the criminal jurisdiction
4. Measures in the contentious-administrative jurisdiction
5. Measures in the social jurisdiction

Measures agreed after the second extension of the state of emergency

On April 10, emergencyRD 487/2020 again extended the state of emergency related to COVID-19 until 26 April 2020. The extended state of emergency will be subject to the same conditions established in Royal Decree 463/2020 of 14 March, modified by Royal Decree 465/2020 of 17 March and by Royal Decree 476/2020 of 27 March.

In its session of 11 April,, the Permanent Commission of the General Council of the Judiciary agreed:

(i) To maintain the validity and effectiveness of its previously adopted agreements and measures for the duration of the extended state of emergency.

(ii) To maintain the suspension of the terms and the interruption of the deadlines for the processing of all types of administrative proceedings, including contractual ones, for the duration of the extended state of emergency, according the terms provided for in the Third Additional Provision of Royal Decree 463/2020.

(iii) Upon a reasoned request of the competent body, the Permanent Commission may agree to continue administrative proceedings closely linked to the state of emergency, or that are essential for the protection of the general interest or for the basic functioning of the services of the General Council of the Judiciary.

(iv) The calculation of the deadlines will be resumed at the moment when the state of emergency loses its validity.

(v) The suspension of the deadlines and the interruption of the terms, established in the Second Additional Provision of Royal Decree 463/2020, does not imply the inability to issue resolutions, nor does it affect the normal functioning of the Administration of Justice in the form and way determined by the governing bodies of the Judiciary.

Lifting of limitations on the electronic submission of writs

Finally, on 13 April the Minister of Justice issued a resolution adapting the provision of public justice services to RD 487/2020 of 10 April. This resolution sets out the intention to return to the normal provision of non-essential services, as long as the material means allow it in compliance with Royal Decree 463/2020 of March 14. It lifts the limitations, established last March 18, on the electronic filing of writs through LexNET or equivalent systems enabled in Aragon, Cantabria, Catalonia, Navarra and the Basque Country. Until then, electronic filing was restricted to writs considered "essential" as they affect the rights and legitimate interests, and in particular, fundamental rights that were harmed by the health crisis.

This first step to normality allows carrying out those proceedings not included in the category of essential services. It also allows the registration of all writs filed electronically in the judicial and prosecutorial offices and their distribution to the competent bodies, in order to ensure the proper functioning of the courts.

In light of this new resolution, what writs can be filed? With effect from 15 April 2020 and applicable to both first-instance and successive-instance proceedings and appeals:

• Documents that initiate proceedings, their registration and distribution, as well as their processing up to the point that they give rise to a procedural action, whose deadline is currently suspended due to the state of emergency.
• Processing writs (mere formality), not linked to interrupted or suspended terms or deadlines, until they give rise to procedural actions that open procedural deadlines that are suspended due to the state of emergency.

Possible consequences on the judicial system after the end of the state of emergency

The suspension of all judicial activity for almost a month has forced the postponement of thousands of scheduled hearings, some of which have been scheduled for more than two years. This, together with the high volume of cases and foreseeable flood of cases derived from the measures adopted during the state of emergency (dismissals, ERE, ERTE, social security proceedings, insolvency proceedings, non-payment, evictions and sanctions imposed for confinement), could lead to a potential judicial collapse.

To try to avoid this, the General Council of the Judiciary will adopt measures to speed up the resolution of those cases, whose delay would have the most negative impact on economic recovery and on the care of the most vulnerable groups, providing judges and magistrates with a reliable scenario for a return to normality. Actions will include:

(i) The application of reinforcement mechanisms if courts are overloaded,

(ii) The establishment of rules of distribution and specialization of the courts in the civil jurisdiction exceeding the territorial area of the judicial district

(iii) The month of August will not be deemed as bank holidays, to allow for processing and for ordinary resolutions to be passed.