Redacción

JUDICIAL REFORM IN SPAIN: THE ORGANIC LAW 1/2025 INTRODUCES INSTANCE COURTS AND SPECIALIZED SECTIONS

Por Diego Ricardo Molinari Chiarappa / 05 de febrero de 2025

💡 MCHM Lawyers - Lawyers - Legal Artificial Intelligence in Law
📎 Judicial Reform in Spain: The Organic Law 1/2025 Introduces Instance Courts and Specialized Sections
🔗 https://www.mchmabogados.es/idiomas/en/
⚖️ Lawyers in Almería
📞 950 106 453 / 674 21 65 59
📧 info@mchmabogados.es
👉 Analysis of Organic Law 1/2025 on the Efficiency of the Public Justice Service and Related Legislative Amendments
Introduction
💬 This summary provides a comprehensive analysis of Organic Law 1/2025, dated January 2, on measures to improve the efficiency of the Public Justice Service, as well as other related legislative amendments included in the same Law. The main structural, jurisdictional, and procedural changes introduced are examined, aiming to offer a clear and concise overview of the impact of these reforms. ✍️
Main Topics
1. Judicial Power Reorganization:
• Creation of Instance Courts: The most notable reform is the replacement of Courts by Instance Courts, which are established as collegiate bodies. This represents a fundamental structural change, as previously, single-judge courts were the first level of access to justice.
• Elimination of References to Courts: All references to courts in the preliminary title of the Organic Law on the Judiciary (LOPJ) are removed, establishing that any mention of them will be understood as referring to the Tribunals or the judges, magistrates, and justices serving in them. "The Instance Courts and the Central Instance Court are structured as collegiate judicial bodies from an organizational standpoint."
• Central Instance Court: This body is created in Madrid with jurisdiction throughout the national territory, integrating various specialized sections. "In the city of Madrid, and with jurisdiction across the national territory, there will be a Central Instance Court."
• Maintenance of Territorial Division: Despite the restructuring, the basic territorial division from the municipality to the autonomous communities is maintained. "However, these reforms have barely altered the structure of the court organization, maintaining the territorial division from the municipality as the basic unit up to the autonomous communities."
2. Specialization of Sections:
• Specialized Sections in Instance Courts: Instance Courts may include Sections for Family, Childhood and Capacity, Commercial, Gender Violence, Violence Against Children and Adolescents, Criminal, Juvenile, Prison Supervision, Administrative Litigation, and Social Matters.
• Standardization of Family Jurisdiction: The aim is to standardize the jurisdiction of Family, Childhood, and Capacity Sections, establishing a transitional regime to ensure that all specialized judges assume the same responsibilities.
• Jurisdiction Over Sexual Violence: Gender violence sections are assigned jurisdiction over investigations of crimes against sexual freedom, female genital mutilation, forced marriage, and sexually motivated harassment when the victim is a woman. "Article 89 of Organic Law 6/1985, of July 1, on the Judiciary, assigns gender violence sections the jurisdiction over the investigation of cases to establish criminal liability for crimes against sexual freedom..."
• Juvenile and Prison Supervision Sections: Specialized sections are established for these matters, with the possibility of extending their jurisdiction over multiple provinces.
3. Justice Offices in Municipalities:
• Regulation of Justice Offices: The regulation of Justice Offices in municipalities is completed, especially in autonomous communities with transferred justice powers.
• Appointment of Justices of the Peace: The appointment of justices of the peace will be made according to the terms set out in the statutes of autonomy of the autonomous communities with jurisdiction over justice of the peace or proximity justice.
4. Appropriate Means of Dispute Resolution (MASC):
• Promotion of Non-Jurisdictional Channels: A chapter is dedicated to MASC in civil and commercial matters, including cross-border disputes. Matters such as insolvency, labor, and criminal proceedings (without prejudice to restorative justice) are excluded.
• The text makes it clear that MASC is not applicable when one party is a public sector entity. "The general interest underlying the intervention of all public sector entities, as well as the public nature of the financing that supports their operation, and their strict submission to the principle of legality [...] determines the impossibility of treating appropriate means of dispute resolution legislatively in the same manner as civil and commercial matters."
• Confidential Binding Offer: The figure of the confidential binding offer is introduced as a means of resolving disputes, obligating the offeror once the other party explicitly accepts it. "Any person who, with the intention of resolving a dispute, makes a confidential binding offer to the other party, is obliged to fulfill the commitment assumed..."
5. Amendments to the Civil Procedure Act (LEC):
• Flexibility in Summary Proceedings: Judges are granted the discretion to decide whether a hearing is necessary in summary proceedings, avoiding unnecessary hearings. "It introduces the possibility for the judge, in view of the parties´ evidentiary requests, to decide that no hearing will be held, even if the parties have requested one."
• Disposition of the Subject Matter of the Trial: The power of litigants to waive, withdraw, submit to mediation, arbitration, or settle is explicitly recognized, except where prohibited by law.
• Informed Consent in Legal Representation: The need to obtain the represented party´s informed consent for functions assigned to the legal representative is established. "The Ministry of Justice will approve a form to certify the represented party´s informed consent for communication acts, assistance tasks, and cooperation with courts, as well as execution process activities expressly assigned to the legal representative."
6. Amendments to the Law on Judicial Demarcation and Organization:
• Jurisdiction of Provincial Courts and Instance Courts: The jurisdiction of these bodies is detailed, and Instance Court sections are allowed to extend their jurisdiction over multiple judicial districts.
• European Union Trademark Courts: Exclusive jurisdiction is established for Alicante courts in EU trademark litigation.
• This jurisdiction extends nationwide solely for this matter.
• Alicante Provincial Court sections also have jurisdiction in second-instance appeals.
7. Jurisdiction Over Gender and Sexual Violence:
• Transformation of Criminal Courts: A timeline is set for converting criminal courts into courts with jurisdiction over gender violence.
• Jurisdiction Assignment: The jurisdiction assignment for specialized sections on gender violence and violence against children and adolescents is detailed.
8. Other aspects:
• Judge substitutions: A substitution order for judges and magistrates is detailed in the event of vacancies or leaves, both in terms of hierarchical order and jurisdictional order.
• Publicity of case allocation rules: The need for sufficient publicity regarding the rules for allocating cases among the different sections of the courts is established.
• Meetings of Judges´ Boards: Judges´ Boards are authorized to meet to examine and assess criteria when there are discrepancies in the application of the law in substantially similar cases. "The Section Judges´ Board of a Court of First Instance may meet to examine and assess criteria when the judges and magistrates within it hold diverse interpretative criteria in their rulings regarding the application of the law in substantially similar cases."
• Prohibition of transferring within the same section: It is established that no judge or magistrate may apply for another position within the same section where they are already assigned.

Key Points and Implications
• Increased Efficiency: The main objective of the reform is to enhance the efficiency of the judicial system through specialization, case concentration, and the reduction of unnecessary procedures.
• Protection of Vulnerable Groups: The protection of victims of gender-based and sexual violence, as well as children and adolescents, is reinforced.
• Promotion of Alternative Dispute Resolution: The use of alternative mechanisms such as mediation and confidential binding offers is encouraged to ease the burden on the courts.
• Adaptation to Social Reality: The judicial system is being adapted to the needs of modern society.
• Complexity and Transition: Implementing these reforms will involve a complex transition, requiring additional resources and proper training for legal professionals.
Conclusion
Organic Law 1/2025 represents a significant structural change in the organization of the Judiciary in Spain. The creation of Courts of First Instance, the specialization of sections, and the introduction of alternative dispute resolution mechanisms aim for a more efficient system adapted to the needs of citizens. However, implementing these reforms will pose significant challenges that require careful attention.
✨
⚖️ Welcome to the Online Civil Process offered by MCHM Lawyers. Through our online platform, we offer you the convenience of completing the entire process from the comfort of your home, without needing to visit our office or the courts (Except for mandatory procedures). Below, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the necessary tools to complete the Civil process.
Document Upload: From your personal account, you can upload all the necessary documents to initiate the Civil process. This includes text documents, images, and any other relevant documents for your case.
Receiving Notifications and Requests: Once you have uploaded your documents, you will receive notifications and requests through your personal account on our online platform. These notifications will include information about the status of your case, any required actions on your part, and any important communications related to your Civil process.
Process Tracking: From your personal account, you will be able to track the progress of your case in real time. This includes information on hearings, court rulings, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will have the ability to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receiving the Judgment: Once the process is completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court regarding your Civil case.
In summary, our Online Civil Process offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without needing to visit our office or the courts (Except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track your case progress in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil process.
📖 lawyers in almeria
📍 For more information, feel free to contact MCHM Lawyers. ✍️
⚓️

#MCHMLawyers:Ver en X / Ver en Facebook / Ver en Google
#Judicial Reform:Ver en X / Ver en Facebook / Ver en Google
#Courts Of First Instance:Ver en X / Ver en Facebook / Ver en Google
#Efficient Justice:Ver en X / Ver en Facebook / Ver en Google
#Organic Law2025:Ver en X / Ver en Facebook / Ver en Google
#Gender Violence:Ver en X / Ver en Facebook / Ver en Google
#Mediation:Ver en X / Ver en Facebook / Ver en Google
#Justice Of The Peace:Ver en X / Ver en Facebook / Ver en Google
#ADR:Ver en X / Ver en Facebook / Ver en Google
#Spain:Ver en X / Ver en Facebook / Ver en Google
#Law:Ver en X / Ver en Facebook / Ver en Google

---

---

---