BarcelonaA common criticism of the judicial system is that it continues to operate "as it did in the 19th century." But now things could begin to change: a law will be implemented throughout 2025 that aims to update the justice system and make it more agile. The efficiency law will change the way courts are organized—even their names—and will bring new features that seek to improve the protection of children and victims of sexual crimes. The new system will be implemented in three phases—in June, October, and December—first affecting smaller municipalities and finally larger cities.
Disappearing courts and new lower courts
In the coming months we will stop hearing about the courts of instruction, criminal or social, because the courts in charge of a single judge They will disappear as such. Instead, a different system will be established with the new courts of first instance: there will be only one in each judicial district (there are 49 in Catalonia, a territorial distribution that will be maintained) that will bring together all the judges, although they may be distributed among different specialized sections.
Consequently, judicial officials will no longer be assigned to a single judge, but, under the direction of a judicial administration lawyer, they may be assigned to one task or another depending on the workload. For the Secretary of Justice of the Generalitat, Iolanda Aguilar, the flexibility provided by this model is key. In fact, she is confident that "it will help relieve congestion in the courts and make them operate more efficiently."
Although most of the changes introduced by this law are related to the organization of the courts, one of the most significant developments is that up to three judges can be assigned to large-scale cases instead of just one. This measure aims to prevent them from absorbing the entire work capacity of a court.
New specialty in violence against children
The specialized sections among which judges will be distributed in the new courts of first instance largely correspond to the current specialties. However, the new law establishes two new ones. In the civil sphere, the Family, Children, and Capacity section has been created (as opposed to the current family courts), and, in the criminal sphere, the Violence against Children and Adolescents section. The latter will handle cases in which the victims are minors, which until now fell to the criminal courts, with the exception of those related to a case of domestic violence, which will be referred to the courts of this specialty. The law also establishes that these cases must be processed preferentially. In contrast, the Juvenile Section has been maintained, which handles cases in which the defendant is between 14 and 18 years old.
Greater jurisdiction over violence against women
Starting in October, judges specializing in violence against women will be responsible for some crimes that had not been included in this specialty because they dealt only with domestic violence. They will incorporate jurisdiction over crimes of female genital mutilation, forced marriage, sexual harassment, and all sexual offenses, which until now fell under the jurisdiction of the investigating courts. This change was already foreseen in the law on only if it is yes In the area of gender-based violence, the new law also establishes that all women and minors who are victims of sexual crimes have the right to a public defender, regardless of their income. Furthermore, one of the possibilities this law opens up is that specialized courts can operate in more than one judicial district. In fact, the Generalitat (Catalan government) intends to unify the specialty of gender-based violence in Barcelona and Hospitalet de Llobregat with seven courts. They currently have five and one, respectively.
Pending reorganization
The new powers will mean an increased workload for domestic violence courts. The Ministry of Justice estimates it will be approximately 20% more, although sources from the judiciary and the prosecutor's office warn it could be much more. Furthermore, the change will relieve the burden on the investigating courts that until now dealt with non-partner sexual offenses.
The organizational chart to clarify how many judges will be dedicated to each area and also how many will be dedicated to the new specialty of violence against children and adolescents is still pending. The ministry is responsible for calculating how many judges will be assigned to each specialty and will reflect the new distribution in a royal decree, which has already announced that one possibility is that judges who until now were investigating judges will be dedicated exclusively to cases of domestic violence.
Various sources consulted by ARA believe that to absorb the expected workload, the judicial staff would have to be expanded and, thus, put an end to the collapse of the justice system. The Generalitat's claim, which it maintains despite this new organization, is that Catalonia needs another 55 judges.
No budget
However, the law does not include any budget allocation, and staff expansion is left to future decisions. From the prosecutor's office, the head of the Barcelona prosecutor's office, Neus Pujal, has commented on the matter: "Resources must be allocated to the administration of justice. If resources are not allocated, this reform will not go ahead."
Another aspect affecting the economic sphere is that the law creates new positions of responsibility for civil servants and lawyers in the administration of justice, which will therefore entail higher salaries. The Generalitat has not yet calculated what increase in costs this will entail for the Catalan administration.
Mandatory mediation in civil and commercial matters
Mediation or another alternative dispute resolution method will be mandatory for initiating civil or commercial legal proceedings. This requirement aims to reduce court congestion and prevent disputes that could have been resolved through negotiation. This mandatory mechanism must be covered by public defenders in cases where the affected person is entitled to legal aid. The Generalitat (Catalan Government) has not yet calculated the economic impact of this aspect, but plans to address it through public defenders.
Justice of the Peace Courts
The new judicial organization will also mean that the justices of the peace will be replaced by municipal justice offices in localities where there is no court of first instance. Broadly speaking, they will have the same powers as the magistrates' courts, with minor extensions. One of the Generalitat's objectives is to promote the digitalization of these offices so that they can serve as a secure access point for judicial videoconferences, for example, for witnesses or experts who are scheduled to appear in court without having to travel.
Phased deployment
The new organizational model described in the efficiency law will be rolled out in three phases, starting with the smallest judicial districts and ending with the largest. In Catalonia, judicial officials have been organized using this model in some localities since 2012, and currently 28 of the 49 judicial districts operate this way. So far, it has been implemented gradually, with renovations to court buildings to create more open-plan workspaces, but over the next year, it will be implemented in buildings that are already operational.
The first courts of first instance that must begin operating have a deadline of June 1st. In Catalonia, this date affects 33 judicial districts, but only seven have yet to implement the court office model. These are Valls, Santa Coloma de Farners, Vic, Martorell, Sant Feliu de Llobregat, Rubí, and Gavà.
The second round has a deadline of October 30. In this case, there are two judicial districts in Catalonia that still have all the work to do: L'Hospitalet de Llobregat and Badalona.
The final round of adaptations to the new organization will conclude on December 31. It affects 14 judicial districts in total: the four district capitals (partially implemented in Girona), Arenys de Mar, Figueres, Manresa, Vilanova i la Geltrú, Sabadell, Terrassa, Mataró, Reus, and Granollers.
