05 Jun The Spanish government approves new measures to gradually reactivate the Administration of Justice.
The Spanish government has recently approved measures to reactivate the activity of the Administration of Justice, which until now was strongly restricted by COVID-19. Among the most relevant measures are the increased presence of civil servants in the courts and the lifting of the suspension of procedural deadlines.
The Ministry of Justice, through Order JUS/430/2020, of 22 May, has taken a further step towards the gradual de-escalation of the Administration of Justice, establishing a series of measures aimed at a return to ordinary activity:
– Presence in shifts: between 60% and 70% of the civil servants who will be working in shifts will be reincorporated. It also provides for the establishment of afternoon shifts when the number of civil servants attending a shift makes it impossible to guarantee the maintenance of security measures.
– Review for service reasons: the order provides that the presence of a higher percentage of staff than indicated may be agreed when justified by service needs, provided that this measure is compatible with occupational health criteria on space occupation.
– Formal exclusion of participation in shifts: staff members with pathologies that may be aggravated by the effect of the COVID-19 may not be called to participate in shifts until the prevention service verifies the conditions under which they can provide service in a safe situation.
– Teleworking: civil servants who have voluntarily opted for teleworking will take part in the face-to-face shifts when it is essential to complete the percentages of face-to-face service.
On the other hand, by means of the Royal Decree 537/2020, of 22 May, the Spanish government has lifted from 4 June the suspension of the procedural deadlines that had been suspended due to the declaration of the state of alarm.
In relation to the above, Royal Decree-Law 16/2020 approved the method of calculating procedural time limits which applies from 5 June:
1.- Procedural deadlines set by days:
a) Initiated before the state of alarm: the full period starts again from 5 June.
b) Transfers during the state of alarm: the period starts again from 5 June.
2.- Procedural deadlines set by months:
a) Initiated before the state of alarm: the entire period starts again from 5 June and ends on the 5th of the corresponding month.
b) Transfers during the state of alarm: the period starts again from 5 June.
A special regime has also been established regarding the announcement, preparation and lodging of appeals against final decisions notified during the state of alarm and during the 20 business days following 4 June. In such cases, the calculation begins on 5 June and the period is doubled. Likewise, in the case of periods set by months, the period ends on the 5th of the corresponding month.
If you have any doubts or queries about these new measures, you can contact us at info@matp.es
