Lawsuits in Spain: From Reform to Reform
Now that the implementation of the sweeping procedural reform under Organic Law 1/2025 has been completed—with the transformation, on December 31 of last year, of the courts of first instance into District Courts in nearly all judicial districts nationwide—it is worth looking back to recall that exactly 25 years ago today, another momentous reform took effect, one that introduced a new civil procedure. As everyone will recall, this was Law 1/2000 of January 7, on Civil Procedure. And how many parallels can be drawn between these two reforms!
Two Reforms Set to Transform the Justice System
Both were enacted at the start of the legislative year as Bill No. 1, while the holiday season was still underway; both were presented as the ultimate solution to judicial reform; both were given a one-year grace period to become fully effective; and both were the subject, in the days and weeks leading up to their implementation, of urgent calls for a moratorium from a wide variety of groups and social actors.
Twenty-five Years of Legislative Changes
But there is one fact—regarding the subsequent evolution of the Civil Procedure Act, whose twenty-fifth anniversary we are celebrating today—that we should not lose sight of when assessing the merits of this latest reform, with which we are beginning the new year. Although Law 1/2000 was once described as the definitive modernization of our country’s judicial system, its text has undergone no fewer than 35 legislative amendments since its enactment. The penultimate one, in fact, was introduced by Organic Law 1/2025.
Procedural Reforms and Recurring Expectations
The fact is that all procedural reforms claim to be the perfect “cure” for the endemic “ills” afflicting judicial proceedings—until they are replaced by a subsequent law that is based on that same “active ingredient.”
Trust in Legal Practitioners
In any case, let’s keep our fingers crossed and hope that the combined efforts of judges, court clerks, attorneys, and legal representatives will help overcome uncertainties and resistance for the benefit of those who find themselves needing to go to court to exercise their right to a fair trial.
Enrique Armijo, Partner specializing in industrial and intellectual property litigation and unfair competition.