1. Evaluation of the judicial systems ( cycle) Spain Generated on : 29/08/ :18

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1 1. Evaluation of the judicial systems ( cycle) Spain Generated on : 29/08/ :18 Reference data 2016 (01/01/ /12/2016) Start/end date of the data collection campaign : 01/06/ /12/2017 Objective : The CEPEJ decided, at its 28th plenary meeting, to launch the seventh evaluation cycle , focused on 2016 data. The CEPEJ wishes to use the methodology developed in the previous cycles to get, with the support of its national correspondents' network, a general evaluation of the judicial systems in the 47 member states of the Council of Europe as well as two observer states (Israel and Morocco). This will enable policy makers and judicial practitioners to take account of such unique information when carrying out their activities. The present questionnaire was adapted by the Working group on evaluation of judicial systems (CEPEJ-GT-EVAL) in view of the previous evaluation cycles and considering the comments submitted by CEPEJ members, observers, experts and national correspondents. The aim of this exercise is to increase awareness of judicial systems in the participating states, to compare the functioning of judicial systems in their various aspects, as well as to have a better knowledge of the trends of the judicial organisation in order to help improve the efficiency of justice. The evaluation questionnaire and the analysis of the results becomes a genuine tool in favour of public policies on justice, for the sake of the European citizens. Instruction : The ways to use the application and to answer the questions are guided by two main documents: -User manual -Explanatory note While the explanatory note gives definitions and explanations on the CEPEJ evaluation questionnaire and the methodology needed for replying, the User manual is a tool to help you navigate through this application. You can download the Explanatory note as a whole on the CEPEJ website. The specific explanations are also accessible for each question within this application under the tab "Explanatory note". This will serve as immediate consultation tool when answering questions. The user manual is accessible in the "Documentation" tab of the application. In case you have any questions related to these documents or on the use of the application, please do not hesitate to contact the Secretariat. 1.General information 1.1.Demographic and economic data Inhabitants and economic general information 001. Number of inhabitants (if possible on 1 January of the reference year +1) [ ] Page 1 of 74

2 002. Total of annual public expenditure at state level and where appropriate, public expenditure at regional or federal entity level (in ) Amount State or federal level Per capita GDP (in ) in current prices for the reference year [ ] 004. Average gross annual salary (in ) for the reference year [ ] 005. Exchange rate of national currency (non-euro zone) in on 1 January of the reference year +1 [ ] Allow decimals : 5 A1. Please indicate the sources for answering questions 1 to 5 Sources: 1. INE (National Statistics Institute) 3. INE Regional / federal entity level (total for all regions / federal entities) Budgetary data concerning judicial system 006. Annual (approved and implemented) public budget allocated to the functioning of all courts, in (without the budget of the public prosecution services and without the budget of legal aid). If you cannot separate the budget allocated to the courts from the budgets of public prosecution services and/or legal aid, please go to question 7. If you are able to answer this question 6, please answer NAP to the question 7. Page 2 of 74

3 Approved budget (in ) Implemented budget (in ) TOTAL - Annual public budget allocated to the functioning of all courts ( ) Annual public budget allocated to (gross) salaries Annual public budget allocated to computerisation (equipment, investments, maintenance) 3. Annual public budget allocated to justice expenses (expertise, interpretation, etc), without legal aid. NB: this does not concern the taxes and fees to be paid by the parties. 4. Annual public budget allocated to court buildings (maintenance, operating costs) 5. Annual public budget allocated to investments in new (court) buildings Annual public budget allocated to training Other (please specify) - Please indicate any useful comment to explain the figures provided. If the annual public budget allocated to the functioning of all courts actually implemented is different from the approved annual public budget allocated to the functioning of all courts, please indicate the main differences: 007. (Modified question) If you cannot answer question 6 because you cannot isolate the budget allocated to courts from the budget allocated to public prosecution services and/or legal aid, please fill only the appropriate line in the table according to your system: Approved budget (in ) Implemented budget (in ) Total annual public budget allocated to all courts and the public prosecution services together Total annual public budget allocated to all courts and legal aid together Total annual public budget allocated to all courts, public prosecution services and legal aid together : 008. Are litigants in general required to pay a court tax or fee to start a proceeding at a court of general jurisdiction: Page 3 of 74

4 for criminal cases - If there are exceptions to the rule to pay a court tax or fee, could you please provide comments on those exceptions? Nowadays in Spain, the Law 10/2012 that regulates certain fees in the area of the Administration of Justice requires to pay court fees to start the proceeding only to companies, not to natural persons. The Law mentioned was amended on this point by the Royal Decree 1/2015, 27 February Please briefly present the methodology of calculation of court taxes or fees: - Because of the effects of some Judgments of the Constitutional Court, currently, there is only a fixed quantity whose ammount depends on the quantity of the claim. (It was declared the nullity of the variable part of the fee). Litigants required to pay a court tax or fee to start a proceeding at a court of general jurisdiction? for other than criminal cases The amount of court fees to commence an action for 3000 debt recovery: [ 150 ] 009. Annual income of court taxes or fees received by the State (in ) [ ] The Royal Decree 1/2015 exempted natural persons from paying fees. Besides, the judgment of the Constitutional Court 140/2016 suppressed the fees in appeals and in the filing of administrative cases. All of this has resulted in a reduction in tax collection Annual approved public budget allocated to legal aid, in. TOTAL Criminal cases Other than criminal cases TOTAL - Annual approved public budget allocated to legal aid ( ) for cases brought to court 12.2 for non-litigious cases or cases not brought to court (legal consultation, ADR, etc.) Page 4 of 74

5 Annual implemented public budget allocated to legal aid, in. TOTAL Criminal cases Other than criminal cases TOTAL - Annual implemented public budget allocated to legal aid ( ) for cases brought to court for non-litigious cases or cases not brought to court (legal consultation, ADR, etc.) - If the public budget actually implemented regarding legal aid is different from the annual approved public budget allocated to legal aid, please indicate the main differences: 013. Total annual (approved and implemented) public budget allocated to the public prosecution services, in. Approved budget (in ) Implemented budget (in ) Total annual public budget allocated to the public prosecution services, in Please indicate any useful comment to explain the figures provided. Moreover, if the annual public budget allocated to the public prosecution services actually implemented is different from the approved annual public budget allocated to the public prosecution services, please indicate the main differences: 014. Authorities formally responsible for the budgets allocated to the courts (multiple options possible): Preparation of the total court budget Adoption/approval of the total court budget Management and allocation of the budget among the courts Evaluation of the use of the budget at a national level Ministry of Justice Other ministry Parliament Supreme Court High Judicial Council Page 5 of 74

6 Courts Inspection body Other - If any other Ministry and/or inspection body and/or other, please specify: In the Autonomous Regions with competences in Justice (12 from 17): Justice Department and parlamentary Assembly A2. Please indicate the sources for answering questions 6 to 14: Sources: Budgets published Budgetary data concerning the whole justice system Annual (approved and implemented) public budget allocated to the whole justice system, in (this global budget includes the court system as defined under question 6 and also the prison system, the judicial protection of juveniles, the operation of the Ministry of Justice, etc.). Approved budget (in ) Implemented budget (in ) Total annual public budget allocated to the whole justice system in Please indicate any useful comment to explain the figures provided above and specify if a large portion of the budget allocated to the whole justice system comes from an international organisation. Moreover, if the annual public budget allocated to the whole justice system actually implemented is different from the approved annual public budget allocated to the whole justice system, please indicate the main differences: (Modified question) Please indicate the budgetary elements that are included in the whole justice system by specifying on the one hand the elements of the judicial system budget (please check the consistency with questions 6, 12 and 13). (Note: NAP means that the element does not exist in your system): Included Court (see question 6) Legal aid (see question 12) Page 6 of 74

7 Public prosecution services (see question 13) : (Modified question) On the other hand, please specify the other budgetary elements included in the whole justice system budget. (Note: NAP means that the element does not exist in your system): Included Prison system Probation services Council of the judiciary Constitutional court Judicial management body State advocacy Enforcement services Notariat Forensic services Judicial protection of juveniles Functioning of the Ministry of Justice Refugees and asylum seekers services Immigration Service Page 7 of 74

8 Some police services (e.g. : transfer, investigation, prisoners security) - If other, please specify: Regarding the probation services, depending on the phase of the proceeding (Judgement or Enforcement), the Court competent to order the suspension of the prison penalty can be the Court that has judged the case or other specialized Courts (on Prison Supervision). The subsequent control of the compliance by the person sentenced of the legal conditions is followed by the Police, and by the 'Penalty and Alternative Measures Management Services' (both of them within the Ministry of Interior) and also by the competent Court. The Budget for the judicial system includes only the part for Courts and civil servants that serve in Courts. Not the control carried out by bodies within the Ministry of Interior. Regarding forensic services, these services are under the competences of the Ministry of Justice, and their buildings, material resources and main professionals are part of the budget for Justice provided. In 2016 the Notariat is included in the whole justice system budget whereas it was not the case for previous cycles. A3. Please indicate the sources for answering questions 15-1, 15-2 and 15-3: Sources: The official budget published on the web sites of the Ministry of Economy and Autonomous Regions, and consultations with the Departments of Justice of the Autonomous Regions. Other 2.Access to justice and all courts 2.1.Legal Aid Scope of legal aid 016. Does legal aid apply to: Criminal cases Other than criminal cases Representation in court Legal advice 017. Does legal aid include the coverage of or the exemption from court fees? - If yes, please specify: Page 8 of 74

9 018. Can legal aid be granted for the fees that are related to the enforcement of judicial decisions (e.g. fees of an enforcement agent)? - If yes, please specify: 019. Can legal aid be granted for other costs (different from those mentioned in questions 16 to 18, e.g. fees of technical advisors or experts, costs of other legal professionals (notaries), travel costs etc.)? Criminal cases Other than criminal cases Legal aid granted for other costs - If yes, please specify: Quantitative information on legal aid 020. (Modified question) Please indicate the number of cases for which legal aid has been granted: Cases brought to court Cases not brought to court / non-litigious cases TOTAL In criminal cases In other than criminal cases - Please specify when appropriate: 021. In criminal cases, can individuals who do not have sufficient financial means be assisted by a free of charge (or financed by a public budget) lawyer? Assisted by a free of charge lawyer Accused individuals Victims - If yes, please specify: 022. If yes, are individuals free to choose their lawyer within the framework of the legal aid system? Page 9 of 74

10 023. (Modified question) Does your country have an income and assets evaluation for granting (full or partial) legal aid to the applicant? The answer NAP means that there is no income and/or assets evaluation system for granting legal aid. Full legal aid for criminal cases Annual income value (for one person), (in ) Full legal aid for other than criminal cases Annual assets value (for one person), (in ) Partial legal aid for criminal cases Partial legal aid for other than criminal cases - If yes, please indicate if any other criteria are taken into account for the granting of legal aid and any comment that could explain the figures provided above: The figure provided (15039 euros) is applicable when the person is not integrated into a family unit. The figure is higher in case the person is integrated into a family unit (and even higher if the family has 4 or more members). (Article 3 Legal assistance law). As for assets, there is no numerical value. The legal reference indicates that "the person does not have enough assets", and to assess this, it is necessary to take into account whether the person has other real estate (other than their home) or income from real estate In other than criminal cases, is it possible to refuse legal aid for lack of merit of the case (for example for frivolous action or no chance of success)? - If yes, please explain the exact criteria for denying legal aid: 025. In other than criminal cases, is the decision to grant or refuse legal aid taken by (one option only): ( ) the court ( X ) an authority external to the court ( ) a mixed authority (court and external bodies) 026. Is there a private system of legal expense insurance enabling individuals (this does not concern companies or other legal persons) to finance court proceedings? Page 10 of 74

11 - If appropriate, please inform about the current development of such insurances in your country; is it a growing phenomenon? 027. Can judicial decisions direct how legal costs, paid by the parties during the procedure, will be shared: in criminal cases B1. Please indicate the sources for answering questions 20 and 23 : Sources: 23.- Law on Legal Aid, 10 january 1996 Judicial decisions direct how legal costs will be shared in other than criminal cases 2.2.Users of the courts and victims Rights of the users and victims 028. Are there official internet sites/portals (e.g. Ministry of Justice, etc.) for which the general public may have free of charge access to the following: Yes, please indicate the internet adresse(es) No legal texts (e.g. codes, laws, regulations, etc.) ( X ) ( ) case-law of the higher court/s ( X ) rch/indexan.jsp other documents (e.g. downloadable forms, online ( X ) registration) Satellite/Portal/es/serviciosciudadano/tramites-gestionespersonales/relacion-descargamodelos ( ) ( ) - Please specify what documents and information the addresses for other documents include: There are different webs with templates for different cases or requests. In the one indicated above there are templates for administrative requests related with the Administration of Justice (for example, cancelling of criminal record). In this other ( there are templates for wording a lawsuit (Modified question) Is there an obligation to provide information to the parties concerning the foreseeable timeframes of proceedings?, always Page 11 of 74

12 , only in some specific situations - If yes, only in some specific situations, please specify: 030. Is there a public and free-of-charge specific information system to inform and to help victims of crime? - If yes, please specify: 031. Are there special favourable arrangements to be applied, during judicial proceedings, to the following categories of vulnerable persons: Information mechanism Victims of sexual violence/rape Victims of terrorism Minors (witnesses or victims) Victims of domestic violence Ethnic minorities Disabled persons Juvenile offenders Other (e.g. victims of human trafficking, forced marriage, sexual mutilation) Special arrangements in hearings Other specific arrangements - If other vulnerable person and/or other special arrangements, please specify: The right of information in case of juvenile offenders includes the use of a language 'clear, comprehensible and adapted to their age'. Moreover, in 2015 the Law for criminal procedure was reformed and highlighted that 'The information will be provided in a comprehensible language that is accessible to the accused. For these purposes, the information will be adapted to their age, degree of maturity, disability and any other personal circumstance from which a change in the ability to understand the scope of the information provided may result' Is it possible for minors to be a party to a judicial proceeding: - If yes, please specify which procedures can be concerned (civil, criminal, administrative / normal or accelerated procedure) and at which conditions (can children benefit from legal aid, be represented by a lawyer, etc.): 032. Does your country allocate compensation for victims of crime?, please specify for which kind of offences:... Page 12 of 74

13 (New question) Is a court decision necessary in the framework of the compensation procedure? 033. If yes, does this compensation come from: [ X ] a public fund [ X ] damages and interests to be paid by the person responsible [ ] a private fund 034. Are there studies that evaluate the recovery rate of the damages awarded by courts to victims? - If yes, please illustrate with available data concerning the recovery rate, the title of the studies, the frequency of the studies and the coordinating body: 035. Do public prosecutors have a specific role with respect to the victims (protection and assistance)? - If yes, please specify: 036. Do victims of crime have the right to dispute a public prosecutor s decision to discontinue a case? Please verify the consistency of your answer with that of question 105 regarding the possibility for a public prosecutor "to discontinue a case without needing a decision by a judge". (The answer NAP means that the public prosecutor cannot decide to discontinue a case on his/her own. A decision by a judge is needed.) - If necessary, please specify: Confidence of citizens in their justice system 037. (Modified question) Is there a system for compensating users in the following circumstances: Number of requests for compensation Number of condemnations Total amount (in ) Page 13 of 74

14 Total Excessive length of proceedings 19 Non-execution of court decisions Wrongful arrest 12 Wrongful conviction Other 50 - Where appropriate, please give details on the compensation procedure and the calculation method for the amount of the compensation (e.g. the amount per day for unjustified detentions or convictions): According Article 293 of the Organic Law of the Judicial Power: The interested party will direct his indemnification petition directly to the Ministry of Justice, processing it according to the regulatory norms of the patrimonial responsibility of the state. A contentious-administrative appeal will be available against the resolution. The right to claim compensation shall expire a year, from the day on which it could be exercised. The number of requests because of "judicial error" (non exactly the same concept as Wrongful conviction) that were estimated in 2016 was ONE (1) (Modified question) Did your country implement surveys aimed at legal professionals and court users to measure their trust in justice and their satisfaction with the services delivered by the judicial system? If yes, how frequently and up to what level? National level Court level 1. (Satisfaction) surveys aimed at judges [ ] Annual [ ] Other regular [ ] Ad hoc 2. (Satisfaction) surveys aimed at court staff [ ] Annual [ ] Other regular [ ] Ad hoc 3. (Satisfaction) surveys aimed at public prosecutors [ ] Annual [ ] Other regular [ ] Ad hoc 4. (Satisfaction) surveys aimed at lawyers [ ] Annual [ X ] Other regular [ ] Ad hoc 5. (Satisfaction) surveys aimed at the parties [ ] Annual [ ] Other regular [ ] Ad hoc 6. (Satisfaction) surveys aimed at other court users (e.g. [ ] Annual jurors, witnesses, experts, interpreters, representatives of [ ] Other regular governmental agencies) [ ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc [ ] Annual [ X ] Other regular [ ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc Page 14 of 74

15 7. (Satisfaction) surveys aimed at victims [ ] Annual [ ] Other regular [ ] Ad hoc 8. Other not mentioned [ ] Annual [ X ] Other regular [ X ] Ad hoc [ ] Annual [ ] Other regular [ ] Ad hoc [ ] Annual [ X ] Other regular [ X ] Ad hoc - Please, indicate the references and links to the satisfaction surveys you mentioned above: Year of reference (2016) - General Bar Association: Survey among Lawyers about the problems of the Spanish Justice - General Bar Association: Survey among Law firms about "internationalization and digital transformation" - In the context of the inspection of the Council for the Judiciary of certain Courts there has been a survey among Lawyers, provided through the web of Madrid Bar Association on the functioning of these Courts: Juzgados_de_Alcorc%C3%B3n,_Majadahonda_y_Torrelaguna - Survey on Legal Aid Year of reference + 1 (2017) - Survey on legal aid 2017: - In the context of the inspection of the Council for the Judiciary of certain Investigation Courts there has been a survey among Lawyers, provided through the web of Madrid Bar Association on the functioning of these Courts: /Abiertas_las_encuestas_para_las_inspecciones_de_los_Juzgados_de_Instrucci%C3%B3n_n%C2%BA_23, _42,_46_y_51_de_Madrid 040. Is there a national or local procedure for making complaints about the functioning of the judicial system? (for example the handling of a case by a judge or the duration of a proceeding) 041. (Modified question) If yes, please specify certain aspects of this procedure: Court concerned Authority responsible for dealing with the complaint Higher court Ministry of Justice Council of the Judiciary Other external bodies (e.g. Ombudsman) Time limit for dealing with the complaint Page 15 of 74

16 (Modified question) Please specify further certain aspects of this procedure: Court concerned Number of complaints Compensations amount granted to users Higher court 2383 Ministry of Justice Council of the Judiciary 8335 Other external bodies (e.g. Ombudsman) If possible, please give information concerning the efficiency of this complaint procedure and any useful comment: The Unit for Citizen Attention (UAC), within the Council for the Judiciary centralizes and orders, for statistical purposes and for the elaboration of the annual report, the suggestions and complaints received in the services of reception of complaints and attention and information to the citizen. The specific complaints related to the Council for the Judiciary are 29. The number indicated in other external bodies represents exclusively the complaints before the Ombudsman related to the Administration of Justice (extracted from the Annual Report of the Ombudsman for 2016). The Ministry of Justice deals with economic compensation requests related to the wrong functioning of Justice (its data is provided in Question 37). 3.Organisation of the court system 3.1.Courts Number of courts 042. Number of courts considered as legal entities (administrative structures) and geographic locations Number of courts 42.1 First instance courts of general jurisdiction (legal entities) First instance specialised courts (legal entities) All the courts (geographic locations) (this includes 1st instance courts of general jurisdiction, first instance specialised courts, all second instance courts and courts of appeal and all supreme courts) Number (legal entities) of first instance specialised courts (or specific judicial order) Page 16 of 74

17 Number of courts Total (must be the same as the data given under question 42.2) 1434 Commercial courts (excluded insolvency courts) 64 Insolvency courts Labour courts 345 Family courts 104 Rent and tenancies courts Enforcement of criminal sanctions courts 18 Fight against terrorism, organised crime and corruption 7 Internet related disputes Administrative courts 241 Insurance and / or social welfare courts Military courts Other specialised 1st instance courts If other specialised 1st instance courts, please specify: Criminal courts -30 Criminal courts specialized in violence against women -106 violence against women courts -83 juvenile courts -51 Prison courts -3 foreclosure proceedings courts -1 Arbitration court -18 Civil Capacity courts - 28 Civil register courts 044. Is there a foreseen change in the structure of courts [for example a reduction of the number of Page 17 of 74

18 courts (geographic locations) or a change in the powers of courts]? - If yes, please specify: The traditional structure of a Court includes a Judge (or Magistrate), a Lawyer of the Administration of Justice, and several civil servants (the exact number depends on many circumstances). The New Judicial Office (Nueva Oficina Judicial) has been implemented in many territories and its development continues. The New Judicial Office (NOJ) has, as base, the called Procedural Unit of Direct Support' (UPAD), a small office with personnel necessary for the strict aid of the work of the Judge. On the other hand, and for the uniform processing of repetitive tasks, the called Common Procedural Services have been created. The Lawyer of the Administration of Justice is the Director of these services, and is responsible of processing the phase of the judicial file of a strictly procedural nature Number of first instance courts (geographic locations) competent for a case concerning: Number of courts a debt collection for small claims (New question) Is your definition for small claims the same as the one in the Explanatory note?, please give your definition for small claims: (New question) Please indicate the value in of a small claim: [ 6000 ] C. Please indicate the sources for answering questions 42, 43 and 45: Sources: Statistics department of the Council for the Judiciary a dismissal 345 a robbery Court staff Judges and non-judge staff Page 18 of 74

19 046. Number of professional judges sitting in courts (if possible on 31 December of the reference year). Please give the information in full-time equivalent and for permanent posts actually filled for all types of courts - general jurisdiction and specialised courts Total Males Females Total number of professional judges ( ) Number of first instance professional judges Number of second instance (court of appeal) professional judges Number of supreme court professional judges Comment - Please provide any useful comment for interpreting the data above: 047. Number of court presidents (professional judges). Please give the information in full-time equivalent and for permanent posts actually filled for all types of courts - general jurisdiction and specialised courts Total Males Females Total number of court presidents ( ) Number of first instance court presidents 2. Number of second instance (court of appeal) court presidents Number of supreme court presidents Number of professional judges sitting in courts on an occasional basis and who are paid as such (if possible on 31 December of the reference year): Figure Gross figure 946 In full-time equivalent Page 19 of 74

20 - If necessary, please provide comments to explain the answer provided: The number of substitute judges has decreased because their functions are being assumed by judges for territorial adscription and judges in expectation for destination (New question) Do these professional judges sitting in courts on an occasional basis deal with a significant part of cases?, please give specifications on the types of cases and an estimate in percentage. 11% of the Judgements in (Modified question) Number of non-professional judges who are not remunerated but who can possibly receive a simple defrayal of costs (if possible on 31 December of the reference year) (e.g. lay judges and juges consulaires, but not arbitrators and persons sitting in a jury): Figure Gross figure 7692 In full time equivalent If such non-professional judges exist in first instance in your country, please specify for which types of cases: Yes No Echevinage in criminal law cases ( ) ( X ) ( ) - severe criminal cases ( ) ( X ) ( ) - misdemeanour and/or minor criminal cases ( ) ( X ) ( ) in family law cases ( ) ( X ) ( ) in civil cases ( X ) ( ) ( ) in labour law cases ( ) ( X ) ( ) in social law cases ( ) ( X ) ( ) in commercial law cases ( ) ( X ) ( ) in insolvency cases ( ) ( X ) ( ) other ( X ) ( ) ( ) - If other, please specify: Enforcement in cases determined by Law, aid for communications of other Courts. Page 20 of 74

21 In the criminal sphere, they may also intervene in prevention measures or via delegation. By Law 1/2015 the Criminal Procedural Law was reformed, and since then, "Jueces de Paz" (non Professional Judges) have no competence for minor crimes Does your judicial system include trial by jury with the participation of citizens? (New question) If yes, for which type of case(s)? (Please, for severe criminal cases and misdemeanour cases refer to the CEPEJ definitions) [ X ] Severe criminal cases [ ] Misdemeanour cases [ ] Other cases Severe crimes but not all of them, only for the list of crimes indicated in article 1 of the Law on the Jury Number of citizens who were involved in such juries for the year of reference: [ 2403 ] 052. Number of non-judge staff who are working in courts (on 31 December of the reference year) (this data should not include the staff working for public prosecutors; see question 60) (please give the information in full-time equivalent and for permanent posts actually filled) Total Males Females Total non-judge staff working in courts ( ) Rechtspfleger (or similar bodies) with judicial or quasi-judicial tasks having autonomous competence and whose decisions 4379 could be subject to appeal 2. Non-judge staff whose task is to assist the judges such as registrars (case file preparation, assistance during the hearing, court recording, helping to draft the decisions) 3. Staff in charge of different administrative tasks and of the management of the courts (human resources management, material and equipment management, including computer systems, financial and budgetary management, training management) Page 21 of 74

22 4. Technical staff 5. Other non-judge staff If other non-judge staff, please specify: The figure for other non judge staff includes judicial civil servants who are in charge of the processing of files, communication acts, and other tasks, and are distributed in three categories (called Auxilio Judicial, Tramitación Procesal, Gestión Procesal). Forensic Doctors are a special body (not included in the figure provided in this question). Their total number (Forensic Doctors) at 4 April 2018 is (Modified question) If there are Rechtspfleger (or similar bodies) in your judicial system, please specify in which fields do they have a role: [ X ] legal aid [ X ] family cases [ X ] payment orders [ ] registry cases (land and/or business registry cases) [ X ] enforcement of civil cases [ X ] enforcement of criminal cases [ X ] other cases not mentioned (please describe in comment) [ X ] non-litigious cases - Please briefly describe their status and duties: According to article 456 of the Organic Law for the Jurisdictional Power: The Lawyer of the Administration of Justice will impel the process in the terms that establish the procedural laws. They will issue the necessary resolutions for the processing, except for those that the procedural laws reserve for Judges. A decree will be called a resolution issued by the Lawyer of the Administration of Justice in order to admit the lawsuit, put an end to the procedure for which s/he has exclusive competence, or when it is necessary or convenient to reason her/his decision. It will always be motivated. Lawyers of the Administration of Justice, when provided by the procedural laws, shall be competent in the following matters: a) Execution, except those powers reserved to Judges and Magistrates. b) Voluntary jurisdiction. c) Conciliation. d) Payment procedures. e) Mediation. f) Any others that are expressly foreseen Have the courts outsourced certain services, which fall within their powers, to private providers? (New question) If yes, please specify which services have been outsourced: [ ] IT services [ ] Training of staff [ X ] Security Page 22 of 74

23 [ ] Archives [ X ] Cleaning [ X ] Other types of services (please specify):interpreters of languages C1. Please indicate the sources for answering questions 46, 47, 48, 49 and 52 Sources: Ministry of Justice, Council for the Judiciary and Autonomous Regions 3.3. Public prosecution Public prosecutors and staff 055. Number of public prosecutors (on 31 December of the reference year). Please give the information in full-time equivalent and for permanent posts actually filled for all types of courts - general jurisdiction and specialised courts. Total Males Females Total number of prosecutors ( ) Number of prosecutors at first instance level 2. Number of prosecutors at second instance (court of appeal) level 3. Number of prosecutors at supreme court level Please indicate any useful comment for interpreting the data above: The structure of the Prosecution services does not distinguish prosecutors by 'instance level'. However, it distinguishes three categories: First) Total 25, Males 19, Females 6 Second) Total 1826, Males 738, Females 1088 Third) Total 622, Males 155, Females Number of heads of prosecution offices (on 31 December of the reference year). Please give the information in full-time equivalent and for permanent posts actually filled, for all types of courts ordinary and specialised jurisdictions. Total Males Females Total number of heads of prosecution offices ( ) Page 23 of 74

24 1. Number of heads of prosecution offices at first instance level 2. Number of heads of prosecution offices at second instance (court of appeal) level 3. Number of heads of prosecution offices at supreme court level Please provide any useful comment for interpreting the data above: Number of Heads of offices of the Autonomous Región: Total 17 (Males 13, Female 04) Number of Heads of offices of Province: Total 44 (Males 30, Female 14) Number of Heads of offices of área: Total 27 (Males 10, Females 17) 057. Do other persons have similar duties to public prosecutors?, please specify their number (in full-time equivalent):... - If yes, please specify their title and functions: 059. If yes, is their number included in the number of public prosecutors that you have indicated under question 55? Do prosecution offices have specially trained prosecutors in domestic violence and sexual violence etc.? 060. Number of staff (non-public prosecutors) attached to the public prosecution service (on 31 December of the reference year) (without the number of non-judge staff, see question 52) (in fulltime equivalent and for permanent posts actually filled). Total Males Females Number of staff (non-public prosecutors) attached to the public prosecution service 2084 C2. Please indicate the sources for answering questions 55, 56 and 60 Sources: Directorate for relations with the Administration of Justice (Ministry of Justice) Page 24 of 74

25 3.4. Management of the court budget Court budget 061. Who is entrusted with responsibilities related to the budget within the court? - If other, please specify: Preparation of the budget Management Board Court President Court administrative director Head of the court clerk office Other Arbitration and allocation of the budget Day to day management of the budget Evaluation and control of the use of the budget 3.6.Performance and evaluation National policies applied in courts and public prosecution services 066. Are quality standards determined for the judicial system (are there quality systems for the judiciary and/or judicial quality policies)? - If yes, please specify: 067. Do you have specialised court staff that is entrusted with these quality standards? 068. Is there a national system to evaluate the overall (smooth) functioning of courts on the basis of an evaluation plan agreed beforehand? (New question) If yes, please specify the frequency of this evaluation: ( ) Annual ( ) Less frequent ( X ) More frequent Page 25 of 74

26 - If "less frequent" or "more frequent", please specify: Every six months 069. Is there a system for monitoring and evaluating the performance of the public prosecution service? - If yes, please give further details: Performance and evaluation of courts 070. Do you have, within the courts, a regular monitoring system of court activities concerning: [ X ] number of incoming cases [ X ] number of decisions delivered [ X ] number of postponed cases [ X ] length of proceedings (timeframes) [ X ] age of cases [ X ] other (please specify):the category other includes many other data such appeals, aid between courts, pending writings, enforcement proceedings, form of termination of trials, etc. The category other includes many other data such appeals, aid between courts, pending writings, enforcement proceedings, form of termination of trials, etc Do you monitor backlogs and cases that are not processed within a reasonable timeframe for: [ X ] civil law cases [ X ] criminal law cases [ X ] administrative law cases 072. Do you have an evaluation process to monitor waiting time during court procedures? - If yes, please specify: 073. Do you have a system to evaluate regularly the activity (in terms of performance and output) of each court? (New question) If yes, please specify the frequency: ( ) Annual ( ) Less frequent ( X ) More frequent Page 26 of 74

27 - If "less frequent" or "more frequent", please specify: Every six months there is a virtual (on line) inspection of the work of the Courts Is this evaluation of the court activity used for the later allocation of means to this court? 074. Are there performance targets defined at the level of the court? 075. (Modified question) Please specify the main targets applied to the courts: [ X ] to increase efficiency / to shorten the length of proceedings [ ] to improve quality [ ] to improve cost efficiency / productivity [ X ] Other (please specify):the targets are also used for remuneration. And only in case of Judges, a contradictory proceiding can be opened in case of not reaching at least 80% of the objective Who is responsible for setting the targets for the courts? [ X ] Executive power (for example the Ministry of Justice) [ ] Legislative power [ X ] Judicial power (for example High Judicial Council, Higher Court) [ ] President of the court [ ] Other (please specify):... The view of the answer expressed in the general comment of Q74 allows to include Ministry of Justice, because it sets (for productivity) the objectives of the body of Lawyers of the Administration of Justice. But only the Council for the Judiciary sets targets for Judges Concerning court activities, have you defined performance and quality indicators (if no, please skip to question 79) 078. If yes, please select the main performance and quality indicators that have been defined: [ X ] incoming cases [ X ] length of proceedings (timeframes) [ X ] closed cases [ X ] pending cases and backlogs Page 27 of 74

28 [ X ] productivity of judges and court staff [ ] percentage of cases that are processed by a single sitting judge [ X ] enforcement of penal decisions [ ] satisfaction of court staff [ ] satisfaction of users (regarding the services delivered by the courts) [ ] judicial quality and organisational quality of the courts [ ] costs of the judicial procedures [ X ] number of appeals [ X ] other (please specify): Who is responsible for evaluating the performance of the courts (multiple options possible) : [ X ] High Council of judiciary [ X ] Ministry of Justice [ ] Inspection authority [ ] Supreme Court [ ] External audit body [ ] Other (please specify):... Ministry of Justice regarding the activity under the responsibility of the Lawyers of the Administration of Justice Court activity and administration 080. Is there a centralised institution that is responsible for collecting statistical data regarding the functioning of the courts and judiciary? (please indicate the name and the address of this institution):national Judicial Statistics Commission, Ministry of Justice and Judicial Statistics Department, Council for the Judiciary Does this institution publish statistics on the functioning of each court:, on internet, only internally (in an intranet website) 081. Are individual courts required to prepare an activity report (that includes, for example, data on the number of cases processed or pending cases, the number of judges and administrative staff, targets and assessment of the activity)? - If yes, please describe the content of the report and its audience (i.e. to whom the report is intended): The statistics contain, among other data, cases entered, resolved, by type of procedure, hearings held, pending writings, resolutions adopted, sense of the Page 28 of 74

29 decisions (if they are estimative or not), enforcement proceedings, appeals (entered and resolved), data on judges, judicial counsellor and staff. The statistic report is sent to the statistic department of the Council for the Judiciary If yes, please specify in which form this report is released: [ ] Internet [ X ] Intranet (internal) website [ ] Paper distribution (New question) If yes, please, indicate the periodicity at which the report is released: ( ) Annual ( ) Less frequent ( X ) More frequent Every court prepares a statistical report every three months 082. (Modified question) Is there a process or structure of dialogue between the public prosecutor service and courts as regards the way cases are presented before courts (for example the organisation, number and planning of hearings, on-call service for urgent cases, selection of simplified procedures of prosecution )? - If yes, please specify: (Modified question) Is there a process or structure of dialogue between lawyers and courts as regards the way cases are presented before courts in other than criminal matter (e.g. organisation, number and planning of hearings, on-call service for urgent cases)? - If yes, please specify: Performance and evaluation of judges 083. Are there quantitative performance targets (for instance a number of cases to be addressed in a month) defined for each judge? Who is responsible for setting the targets for each judge? [ ] Executive power (for example the Ministry of Justice) [ ] Legislative power [ X ] Judicial power (for example the High Judicial Council, Supreme Court) Page 29 of 74

30 [ ] President of the court [ ] Other (please specify):... New node 4.Fair trial 4.1.Principles Principles of fair trial 084. Percentage of first instance criminal in absentia judgments (cases in which the suspect is not attending the hearing in person nor represented by a lawyer)? [ ] 085. Is there a procedure to effectively challenge a judge if a party considers that the judge is not impartial?, number of successful challenges in a year... - Please could you briefly specify: 086. Is there in your country a monitoring system for the violations related to Article 6 of the European Convention on Human Rights? Monitoring system For civil procedures (non-enforcement) - Please, specify what are the terms and conditions of this monitoring system (information related to violations at the State/courts level; implementation of internal systems to remedy the established violation; implementation of internal systems to prevent other violations (that are similar) and if possible to measure an evolution of the established violations: D1. Please indicate the sources for answering questions in this chapter. Sources: Law Council for the Judiciary For civil procedures (timeframe) For criminal procedures (timeframe) Page 30 of 74

31 4.2.Timeframe of proceedings General information 087. Are there specific procedures for urgent matters as regards: [ X ] civil cases [ X ] criminal cases [ X ] administrative cases [ ] There is no specific procedure - If yes, please specify: 088. Are there simplified procedures for: [ X ] civil cases (small disputes) [ X ] criminal cases (misdemeanour cases) [ X ] administrative cases [ ] There is no simplified procedure - If yes, please specify: (Modified question) For these simplified procedures, may judges deliver an oral judgement with a written order and dispense with a full reasoned judgement? [ ] civil cases [ X ] criminal cases [ ] administrative cases - If yes, please specify: 089. Do courts and lawyers have the possibility to conclude agreements on arrangements for processing cases (presentation of files, decisions on timeframes for lawyers to submit their conclusions and on dates of hearings)? - If yes, please specify: The competence to fix the date of a hearing is exclusive of the Court. But the impossibility of the Lawyer to attend the hearing can be cause for postposing the hearing. Therefore, it is common practice that the Judge, during the previous hearing, ask the Lawyers for the dates on wich they are available in order to fix a date for the trial possible for both parties Case flow management first instance 091. (Modified question) First instance courts: number of other than criminal law cases. Page 31 of 74

32 Pending cases on 1 Jan. ref. year Incoming cases Resolved cases Pending cases on 31 Dec. ref. year Pending cases older than 2 years from the date the case came to the first instance court (Please insert NA for category 2) Total of other than criminal law cases ( ) Civil (and commercial) litigious cases (including litigious enforcement cases and if possible without administrative law cases, see category 3) 2. Non litigious cases ( ) General civil (and commercial) non-litigious cases, e.g. uncontested payment orders, request for a change of name, non-litigious enforcement cases etc. (if possible without administrative law cases, see category 3; without registry cases and other cases, see categories 2.2 and 2.3) 2.2. Registry cases ( ) Non litigious land registry cases Non-litigious business registry cases Other registry cases 2.3. Other non-litigious cases 3. Administrative law cases Other cases Concerning the Administrative Law cases, between 2014 and 2016, the decrease of 'Pending cases' is probably because the Page 32 of 74

33 number of resolved cases, both in 2015 and 2016 has been higher than the number of incoming cases (reinforcement measures have been applied) If courts deal with civil (and commercial) non-litigious cases, please indicate the case categories included:. Payment order procedures, requests for undisputed matters, divorces and family issues with mutual consent 093. Please indicate the case categories included in the category "other cases":. NAP 094. (Modified question) First instance courts: number of criminal law cases. Pending cases on 1 Jan. ref. year Incoming cases Resolved cases Pending cases on 31 Dec. ref. year Pending cases older than 2 years from the date the case came to the first instance court Total of criminal law cases (1+2) Severe criminal cases Misdemeanour and / or minor criminal cases If you cannot make a distinction between misdemeanour criminal cases and severe criminal cases (according to the CEPEJ definitions), please indicate the categories of cases reported in the category "serious offences" and cases reported in the category "minor offences": The Organic Law 1/2015 eliminated 'faltas' (misdemeanour) of the Criminal Code, qualifying some of them as minor offenses, and others as administrative infractions. Accordingly, we can observe decreases in the numbers of misdemeanour cases which also affects the total of criminal law cases Case flow management second instance 097. (Modified question) Second instance courts (appeal): Number of other than criminal law cases. Page 33 of 74