The current coalition government is winking at its potential voters. It could be said that it is not ruling for all, but is taking steps to please "its own" even if some of the measures taken bear more fruit in the short term than in the long term. For example, ERTE can be converted into ERE. Support for the self-employed has also been regulated for the first time in life.
On the contrary, it can be seen how during the crisis of the coronavirus there has been a group of professionals completely disassociated from the protection of the government, not only that they have not legislated thinking of these professionals, but also treated them with the greatest contempt, without listening to them. Lawyers and procurators have had to do telecommuting during the state of alarm, they have been forced to attend to clients in an environment of high difficulty due to the situation resulting from the confinement. They have suffered a high level of stress in the face of such a regulatory explosion; both workers and companies were eager to advise on their interests. However, the courts were paralysed with minimal services.
Last week the Government adopted the Decree-Law "Procedural and organizational measures to deal with Covid-19 in the field of the administration of justice". The norm is thinking of the resumption of the jurisdictional activity and already anticipates an increase of the litigation, not so much because of the crisis of the Covid 19 as because of the nefarious management of this one. Claims against the Government are expected from the families of the deceased, claims by infected health personnel, labour claims, applications for bankruptcy. The decree provides for a preference in the handling of administrative disputes against decisions of public administrations refusing financial aid resulting from the package of measures to mitigate the economic effects of the crisis and shall also take precedence in the social jurisdiction over proceedings for dismissal or non-payment of recoverable days, but not worked.
It is expected that by the end of the month the courts and tribunals will begin to recover activity but, as José Muelas says, there is not even a plan in the form of a Judicial IFEMA; Court attorneys are already warning that without personal protective clothing they will not be able to conduct out-of-court proceedings.
The decree envisages declaring them able from 11 to 31 August. This measure has not been agreed with lawyers, prosecutors or judicial associations, I doubt very much that they have agreed with the officials of the administration of justice. Lawyers and prosecutors are to be left without the right to vacation, but for the government, they must not be workers, have no children, nor have to reconcile with the family, nor do they need to plan their days off somewhere outside the province. If we were to say that this would eliminate the judicial collapse, this sacrifice would still make some sense, but once again they are fruitless and gratuitous measures, born of improvisation or animosity. The Constitutional Court has already said that for them it is no good, August is sacred
It should be remembered that for the rest of the workers, holidays were prohibited during the period of confinement. Lawyers have been excluded by the government from any measure taken to mitigate the economic effects of COVID 19 and have not been able to access aid for self-employed persons because it has a different regime.
But these professionals also have their economic problems, they have also been affected by the health crisis, they can also be expelled from the legal profession if they cannot pay the compulsory school fees. They have been confined but subject to pressure from clients seeking advice in the face of the plurality of legal rules that the crisis has generated.
None of the extraordinary social measures taken by the government have been directed at them. And to top it all without consensus, without asking them, they "eat" that they will have to work in August.
The Government will believe that all the law firms are like the offices of Antonio Garrigues, who, by the way, has been commissioned by the Minister of Justice to chair the Commission in charge of drafting the Defense Law Bill.
But no, they’re mostly small offices with some other partner. The vast majority of lawyers are professionals who work very hard and who fight with the law to win the case, fight with the client to get their job back and fight with the opposing parties to convince the judge.
The situation of collapse in our courts and tribunals is chronic, but it is now going to be aggravated not only by cases that have not been dealt with or notified, but also by the explosion of new cases, particularly for labour-related court claims and commercial court proceedings. In order to deal with the coming collapse with some seriousness, the courts should be provided with more judges. Spain has 11.8 judges per 100,000 inhabitants, compared with an average of 21 in the European Union. It needs staff reinforcement in the administration of justice and better material means that do not denigrate the image of justice. Embarrassing courtrooms with transparent film are being prepared, but it turns out that the solution to the ills of the administration of justice is to declare skilful in August.
It was published on May 10, 2020 in the Diario Valencia Plaza