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The Restart of Courts Proceedings after COVID-19

Restart of court proceedings
The activity of courts is restarted by electronic means after the total suspension, on March 14, of all their actions and procedural deadlines.

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The activity of courts is restarted by electronic means after the total suspension, on March 14, of all their actions and procedural deadlines.

Restart of court proceedings by electronic means

On March 14, 2020, the suspension of legal proceedings and procedural deadlines throughout the national territory was declared. However, the essential services of the Ministry of Justice were guaranteed.

Days later, on March 18, 2020, the CGPJ ordered that during the State of Alarm, only procedural documents linked to urgent judicial proceedings may be submitted always through LexNET or the equivalent telematic systems enabled in Navarra, Aragón, Cantabria, Cataluña, and the Basque Country. In no case could pleadings be filed in person.

Collapse in the courts during the State of Alarm

In this situation of almost total paralysis, many voices in the legal sector began to denounce the situation of collapse and paralysis of the Ministry of Justice, with the consequent reduction of rights and individual interests.

In recent days, and in the new scenario in which the criteria of qualified confinement no longer apply, the Ministry of Justice, in consensus with the CGPJ, approved last Monday a resolution to adapt judicial services to the current situation.

You may also be interested in: What will happen with administrative and procedural deadlines during the State of Alarm?

Activity restarted by electronic means

The rule, which enters into force today, Wednesday, April 15, agrees to lift the limitations established on March 18 on the submission of documents by electronic means. Specifically:

  • The suspension of presentation of claims, appeals or cassation, or mere procedure is lifted: “The registration of all the documents presented in the judicial and prosecutor’s offices electronically (Lexnet or equivalent systems in the Basque Country, Catalonia, Navarra, Cantabria, and Aragón), and its distribution to the competent bodies, to ensure the proper functioning of courts and tribunals; recommending for these purposes to lawyers, solicitors, and social graduates a weighting or moderation in the presentation of writings to make the distribution more viable”, and
  • It will be managed and processed “The carrying out of all those procedures not framed in the category of essential services whenever the available means allow it”.

All this without affecting the maintenance of the suspension of procedural deadlines while the State of Alarm is in force.

This is undoubtedly a welcomed and necessary measure, but insufficient to unclog the already battered system of administration of justice.

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