The Government approves the preliminary draft organic law reorganizing the Administration of Justice

In an increasingly digitalized world, the adaptation of legal and judicial structures is essential to ensure adequate protection of citizens’ rights and interests. In this context, the Government has presented the Preliminary Draft of the Organic Law on Measures for the Efficiency of the Public Justice Service and Collective Actions for the Protection and Defense of the Rights and Interests of Consumers and Users. This initiative, which seeks to reorganize the Administration of Justice, incorporates the requirements of the European Union for the protection of consumers, as established in Directive 2020/1828.

Organizational reform and procedural efficiency:

The future Organic Law introduces a structural reform in the Administration of Justice, adapting it to current needs. Thus, the renewed organizational structure is based on three new features, such as the Courts of First Instance, one per judicial district; the implementation of a single Judicial Office for each of these courts; and the Justice Offices in the Municipalities, which replace the Justice of the Peace Courts. With these innovations, resources will be optimized and justice will be brought closer to all citizens, making use of technology to facilitate communication and procedures.

This will facilitate more equitable access to justice for those living outside urban areas, while promoting better coordination between the staff of the Judicial Offices and the Courts. This will be achieved through the implementation of advanced technologies that will allow fluid and telematic communication between all parties involved, including citizens.

Alternative Dispute Resolution Mechanisms (ADR):

To decongest the courts and tribunals, we promote the use of Alternative Dispute Resolution Mechanisms, such as mediation and private conciliation, guaranteeing the rights of the parties and encouraging dialogue as a means of resolving disputes.

The use of these methods is envisaged in non-jurisdictional proceedings, in the commercial and civil fields, in order to alleviate the burden on the courts and tribunals. This means that its intervention will be limited to cases where it is absolutely necessary, while ensuring the full legal rights and guarantees of all parties involved.

Consumer Protection:

In line with European Union guidelines, the law establishes a solid framework for the protection of consumers and users. A single procedure is created to deal with class actions, defining also the entities authorized for representation actions and incorporating electronic platforms for a more agile and simple processing for the affected users.

The Government thus transposes the European Directive EU 2020/1828, taking a step beyond what is required by the EU, since its scope of application will not only be the list established in the aforementioned directive, but will cover all situations in which consumer rights and interests have been violated.

Among the main new features is the possibility for those affected to initiate two types of legal action through electronic platforms: injunctionsThe purpose of this law is to stop practices that are harmful to consumers, introducing as a novelty a requirement of prior complaint to the businessman or professional; and compensatory actionsThe company is seeking financial compensation for the damages it has suffered. In the case of compensatory actions, all affected parties will be automatically bound to the legal process without the need to individually request adherence to the judgment, with the option to disassociate themselves if they so wish.

In addition, a free public system of electronic dissemination of these collective actions is established through a new Registry of General Contracting Conditions and Collective Actions, facilitating the participation of those affected and the coordination between the different judicial bodies involved.


With this ambitious reform, the Government not only seeks to modernize justice, but also to guarantee the protection of citizens’ rights in the digital environment. The implementation of these measures will mark a milestone in the efficiency and transparency of the Spanish judicial system, aligning it with European standards and the needs of an increasingly connected society.

Source: Ministry of the Presidency, Justice and Relations with the Courts.

This publication does not constitute legal advice.


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