Structural Reform of the Spanish Justice System

📜 Organic Law 1/2025: Structural Reform of the Spanish Justice System

Organic Law 1/2025 came into force in Spain. The law introduces major changes aimed at reorganizing the structure and procedures of the public justice service. It forms part of a broader set of legislative initiatives focused on judicial efficiency and digital modernization.

🏛️ Key Developments

1. Establishment of Collegiate Courts of First Instance

   • Approximately 3,900 single-judge courts are being replaced by 431 collective courts, known as “Tribunales de Instancia.”

   • These courts integrate multiple judges and are structured to allow additional judges to join specific cases when necessary due to complexity.

2. Creation of the Central Court of First Instance (Tribunal Central de Instancia - TCI)

   • This new national-level court is scheduled to begin operations on December 31, 2025.

   • It will assume jurisdiction currently held by various central courts and will be divided into specialized divisions.

3. Expansion of Alternative Dispute Resolution (ADR) Mechanisms

   • The law introduces a regulatory framework for ADR (known in Spain as MASC - “Mecanismos Adecuados de Solución de Controversias”).

   • These include mediation, arbitration, and conciliation as structured alternatives to formal litigation.

4. Faster Proceedings in Certain Civil Cases

   • Specific procedures are streamlined, including those related to illegal occupation (“okupación”) of property.

   • The law sets deadlines such as a 15-day period for initial hearings and a 3-day limit for issuing judgments, with eviction orders to be executed within 48 hours when applicable.

5. Changes in the Role of the Public Prosecutor’s Office

   • The Prosecutor’s Office (Ministerio Fiscal) will assume full responsibility for criminal investigations.

   • The term of the Attorney General is set to five years and will no longer be tied to the political cycle.

   • The reform also includes the hiring of approximately 2,500 new judges and prosecutors and updates to the training and recruitment system via the Judicial School.

   
   

🗂️ Implementation Timeline

Date	Measure/Event
January 2, 2025	Organic Law 1/2025 enters into force
April 3, 2025	Expedited civil proceedings (e.g., illegal occupation cases) begin
December 31, 2025	Central Court of First Instance (TCI) to be established

🧩 Additional Notes

• The reform modifies the territorial organization of the judiciary and introduces new judicial units.

• It incorporates procedural simplifications and a more defined institutional structure.

• Implementation is planned to be gradual, with different components becoming active at various stages through 2025.