Anniversary of the Civil Procedure Law
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ELZABURU

Anniversary of the Civil Procedure Law

Lawsuits in Spain, from reform to reform

Now that the implementation of the major procedural reform of Organic Law 1/2025 is complete, with the transformation of the lower courts into appellate courts in almost all districts across the country on December 31st, it is worth looking back to remember that today marks exactly 25 years since another momentous reform came into force, the one that brought with it a new civil procedure. This is, as everyone will recall, the Law 1/2000, of January 7, on Civil ProcedureAnd how many similarities can be observed between both reforms!

Two reforms aimed at changing the justice system

Both bills inaugurated the legislative year under the number 1 and during the Christmas period; both were presented as the great panacea for justice reform; both were given a margin of one year for their full effectiveness; both were the object, in the days and weeks prior to their launch, of anguished calls for a moratorium by the most diverse groups and social agents.

Twenty-five years of legislative changes

But there is one fact in the subsequent evolution of the Civil Procedure Law, whose twenty-fifth anniversary we celebrate today, that should not be overlooked when assessing the merits of this latest reform with which we begin the new year. Having been hailed at the time as the definitive modernization of the judicial system in our country, Law 1/2000 has undergone no fewer than 35 legislative amendments since its enactment. The penultimate one, precisely, was the one that led to Organic Law 1/2025.

Procedural reforms and recurring expectations

All procedural reforms claim to be the perfect "medicine" against the endemic "ills" that afflict judicial processes, until they are replaced by another subsequent law that responds to that same "active principle".

Trust in legal professionals

In any case, let's keep our fingers crossed and hope that the combined efforts of judges, court clerks, lawyers, and solicitors will help to overcome uncertainties and resistance for the benefit of those who find themselves needing to go to court to exercise their right to jurisdiction.

 

Enrique ArmijoPartner specializing in industrial and intellectual property litigation and unfair competition.

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