The Plenary Session of the General Council of the Judiciary yesterday, by 19 votes in favor and 2 against, the report on the draft Royal Decree creating or constituting 89 judicial units (86 new courts and 3 positions of collegiate magistrates) within the 2017 schedule to adapt the judicial plant to existing needs. However, the governing body of the judges considers that it falls short.
The report, of which the member has been speaker Mar Cabrejas, makes a positive overall assessment of the project, “inasmuch as it can contribute to alleviating the situation of imbalance existing in the judicial establishment and alleviating part of the existing structural deficiencies in the distribution of workloads”, but continues to consider it necessary to expand the judicial plant both in judicial bodies and in positions of magistrates of collegiate bodies.
The draft Royal Decree establishes that the effective date of the places that are created and constituted will be set by the Ministry of Justice, after hearing the General Council of the Judiciary, and published in the Official State Gazette.
The governing body of the judges, however, considers that “the Royal Decree itself could establish the effective date itself” on January 1, 2018, coinciding with that established in the pre-legislative text for the effectiveness of the transformations of Courts, “which would result in the predictability of the programming that is necessary for such effectiveness.”
In accordance with the Royal Decree, 57 First Instance Courts are created
Numbers 9 and 10 of Almería, Number 5 of Algeciras, Number 7 of Jerez de la Frontera, Number 11 of Córdoba, Number 8 of Huelva, Number 20 of Málaga, Numbers 28 and 29 of Seville, Numbers 22 and 23 of Zaragoza, Number 12 of Gijón, Number 5 of Eivissa. Number 17 of Las Palmas de Gran Canaria, Number 6 of Telde, Number 11 of Santa Cruz de Tenerife, Number 12 of Santander, Number 8 of Burgos, Number 11 of León, Number 16 of Valladolid, Number 8 of Albacete, Number 59 of Barcelona, Number 8 of Badalona, Numbers 8 and 9 of Granollers, Number 8 of L ‘Hospitalet de Llobregat, Number 9 of Mataró, Numbers 9 and 10 of Sabadell, Number 9 of Terrassa, Number 7 of Girona, Number 9 of Lleida, Number 9 of Tarragona, Number 7 of Reus, Number 8 of Elche, Number 10 of Castellón de la Plana, Number 8 of Badajoz, Number 14 of A Coruña, Number 6 of Ferrol, Number 7 of Ourense, Number 15 of Vigo, Numbers 102, 103 and 104 of Madrid, Number 6 of Alcobendas, Number 7 of Alcalá de Henares, Number 7 of Fuenlabrada, Number 8 of Móstoles, Number 6 of Torrejón de Ardoz, Number 7 of Cartagena, Numbers 15 and 16 of Murcia, Number 9 of Pamplona, Number 13 of Alicante, Number 5 of Benidorm, Number 7 of Elche and Number 6 of D enia.
12 Courts of First Instance and Investigation
Number 6 of Roquetas de Mar, Number 4 of Santa Fe, Number 5 of Sanlúcar La Mayor, Number 5 of Ávila, Number 7 of Illescas, Number 6 of Talavera de la Reina, m Number 3 of Navalmoral de la Mata, Number 4 of Novelda, Number 5 of Nules, Number 7 of Lliria, Number 4 of Masamagrell, Number 15 of Bilbao.
4 Criminal Courts
Number 2 of Guadalajara, Number 4 of Toledo, Number 9 of Alicante and Number 4 of Orihuela.
2 Contentious-Administrative Courts
Number 4 of Almería and Number 4 of Jaén.
4 Social Courts
Number 2 of Algeciras, Number 4 of Arrecife, Number 18 of Valencia and Number 42 of Madrid.
1 Court of Penitentiary Surveillance
Number 3 of the Autonomous Community of the Canary Islands, based in Las Palmas de Gran Canaria.
6 Commercial Courts
Number 3 of Seville, Number 3 of Palma de Mallorca, Number 11 of Barcelona, Number 4 of Valencia, Number 13 of Madrid and Number 3 of Bilbao.
3 new positions of magistrates in 2 Provincial Courts
In the Autonomous Community of Andalusia, 1 magistrate position for the 2nd section of the Provincial Court of Córdoba.
In the Community of Madrid, 2 positions of magistrate for the Provincial Court of Madrid: 1 place for sections 1 and 7.
In relation to these positions, the CGPJ reports favorably the creation of the position of magistrate in the Court of Córdoba, while with regard to those of Madrid it considers “of higher priority” to be created in Sections 22 and 24, civil and specialized in family matter, instead of criminal Sections 1 and 7, as provided for in the draft Royal Decree.
Likewise, in accordance with the Royal Decree, the criminal courts No. 9 of Palma de Mallorca and the contentious-administrative courts No. 8 of Murcia are transformed into social courts No. 5 of Palma de Mallorca and No. 9 of Murcia, respectively , as well as the investigating court nº 5 of Torrevieja in the first instance court nº 4 of Torrevieja and in this case and as a consequence of the transformation carried out, change the number and the name of the first instance court nº 4 of Torrevieja in the court of first instance nº 5 of Torrevieja.
In addition, the draft Royal Decree agrees to modify the composition of the three sections of the Guipuzcoa Court.
In relation to the newly created Courts, the CGPJ, after obtaining the opinion of the Superior Courts of Justice and the corresponding reports of the Inspection Service, proposes the modification of the headquarters and / or the jurisdictional order of thirteen of the judicial bodies planned, so that its creation takes place in those places where there are reasons of “greater urgency”.
The report underlines, in any case, that all the Courts envisaged are necessary, and that it is necessary to continue expanding the judicial establishment to favor a distribution of existing workloads and thus allow an adequate response to citizens.
Lastly, and regarding the constitution of Courts already created previously, the report considers it “convenient”, although it recalls that, in addition to those mentioned in the Royal Decree project, seven others are still pending: one in Bilbao and six in the Valencian Community.