NCJ Number
61153
Editor(s)
T G TODD,
L S ROSEMARIN-PLATTNER
Date Published
1978
Length
43 pages
Annotation
PROCEDURES IN SPAIN FOR FACILITATING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DISCUSSED.
Abstract
CIVIL PROCEEDINGS IN SPAIN ARE EXPENSIVE AND LENGTHY, GENERALLY LASTING OVER 5 YEARS FOR TRIAL AND APPEALS, WITH UNREGULATED ATTORNEY FEES. WHILE LITIGATION IS FREE IN PRINCIPLE FOR ALL THOSE WHOSE INCOME IS LESS THAN DOUBLE THAT OF THE TYPICAL LOCAL WORKER, REGULATIONS GOVERNING AVAILABILITY OF THIS AID MAKE THE SERVICE OF DOUBTFUL EFFICACY. APPROXIMATELY 60 PERCENT OF THE CASES BEFORE TRIAL JUDGES ARE SUMMARY PROCEEDINGS, WITH THE MOST PROMINENT EXAMPLE BEING THE ATTACHMENT PROCEEDING TO GUARANTEE DEBTOR OBLIGATIONS AND PAYMENT OF LEGAL COSTS. HOWEVER, A SUMMARY DEBT COLLECTION PROCEDURE IS NOT AVAILABLE UNDER CURRENT CIVIL PROCEDURE LAW. SPECIAL COURTS CONSIDERABLY REDUCE COSTS AND SHORTEN PROCEEDINGS IN LABOR MATTERS, ARBITRATION OF LONG-TERM LEASES, AND THE ARBITRATION OF INSURANCE MATTERS. LABOR PROCEEDINGS ARE EXEMPT FROM COURT COSTS AND THE NECESSITY OF LEGAL REPRESENTATION. SETTLEMENT ATTEMPTS ARE GENERALLY REQUIRED. ALTHOUGH VOLUNTARY DISPUTE RESOLUTION MECHANISMS ARE RARE, COMPULSORY REMISSION TO OFFICIAL GOVERNMENT-SPONSORED FORUMS OUTSIDE THE FORMAL JUDICIAL MACHINERY EXISTS IN THE AREAS OF CIVIL ACTIONS AGAINST THE STATE AND AUTONOMOUS ADMINISTRATIVE ORGANIZATIONS, LABOR DISPUTES, CLAIMS AGAINST COMMON CARRIER (LAND), AND CERTAIN AGRARIAN DISPUTES (WATER TRIBUNAL OF VALENCIA). ARBITRATION MACHINERY ALSO EXISTS FOR CERTAIN LABOR, COMMERCIAL, TAXATION, AND EXPROPRIATION ISSUES. PROCEEDINGS FOR COLLECTIVE PARTIES ARE POSSIBLE IN THE AREAS OF LABOR CONFLICTS, CONSUMER PROTECTION, ENVIRONMENTAL CONTROL, AND ISSUES OF SIGNIFICANT PUBLIC INTEREST. FOOTNOTES AND TABULAR DATA ARE PRESENTED. (RCB)