Spain’s 2025 Public Justice Efficiency Act

Granada, 8th January 2025

The new Organic Law 1/2025 of 2 January on measures for the efficiency of the Public Justice Service1 aims to modernize and streamline the Spanish judicial system, prioritizing alternative dispute resolution methods and speeding up judicial procedures:

  • Mandatory Use of Alternative Dispute Resolution (ADR) Methods: The most significant change is the introduction of the obligation to use ADR methods (MASC in Spanish) before initiating judicial proceedings in civil and commercial This requirement is generally applicable to both national and cross-border conflicts.
    • ADR methods include: mediation, conciliation, expert opinions, binding offers, collaborative law processes, and other negotiation activities.
    • The law specifically excludes certain cases from this requirement, including those related to fundamental rights, family law, and some summary proceedings (including European order for payment and small claims procedures).
    • The parties must document their attempt at negotiation before initiating a lawsuit. Failure to do so can result in the rejection of the lawsuit.
    • The initiation of an ADR process interrupts the statute of limitations or suspends the expiration of actions.
  • Creation of Instance Courts: The law transforms the existing single-judge courts into Instance Courts, which will be collegiate bodies.
    • Each judicial district will have an Instance Court, composed of multiple sections, including civil and criminal.
    • These courts will be assisted by a single judicial office and will be created gradually throughout 2025.
  • Changes to the Processing of Lawsuits: The law introduces several measures to expedite legal proceedings.
    • In verbal trials, the possibility of issuing oral judgments is
  • There is a new process for the electronic notification of lawsuits. If the notification is not accessed in three days, it will be delivered to the home
  • There are new regulations for the submission of evidence, challenges to documents, and expert opinions.
  • Specific Provisions for Consumer Litigation: The law includes specific provisions for consumer litigation regarding abusive clauses.
    • A mandatory extrajudicial claim is established before filing a lawsuit for the return of amounts paid due to abusive clauses in mortgage loans.
    • The law provides for a penalty for businesses that do not agree to a settlement in cases involving clauses already declared abusive by the Supreme Court or the Court of Justice of the European Union.
  • Modifications to Costs: The law modifies the rules concerning costs to encourage the use of ADR methods.
    • A party that has unjustifiably refused to participate in ADR may be sanctioned with costs.
    • There is a concept of abuse of the public service of
  • Changes in Enforcement Proceedings: There are relevant changes in enforcement proceedings, particularly in auctions.
    • Execution processes may be suspended in order to pursue mediation or another ADR method.
    • The requirements for participating in judicial auctions are Other Relevant Points
  • The law includes changes to the jurisdiction of Justices of the Peace, expanding their powers to include civil conciliation cases under 10,000 euros.
  • The law also addresses the use of technology in legal proceedings, promoting the use of electronic means.
  • The law modifies the Law of Civil Procedure (LEC) in various aspects to streamline the judicial system.
  • The implementation of these changes will occur The organizational reform will take effect on January 23, 2025, while the changes related to ADR methods and procedural modifications will take effect on April 3, 2025.
  • The law will only apply to legal proceedings that are initiated after its entry into

These changes aim to modernize and streamline the Spanish judicial system, prioritizing alternative dispute resolution methods and speeding up judicial procedures.

Autor: Luis Sánchez Pérez , Director Mercantil, Medina Cuadros Abogados S.L, Granada, Spanien

1 The full text can be found at the following link

Show all Posts