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News: The Judicial System in Spain - COVID-19 outbreak

14 April 2020

On 14 March 2020 the President of the Spanish Government declared a State of Alarm throughout Spain in an attempt to protect public health from the COVID-19 pandemic. This is a constitutional status that empowers the central government to take exceptional measures in cases of emergency.

On 9 April 2020, the parliament voted for an extension to the State of Alarm until 25 April 2020. 

In relation to legal aspects, the main measures of this State of Alarm are as follows: 

  1. All procedural terms are automatically suspended for as long as the State of Alarm is in force except for urgent cases to prevent irreparable damage, cases with arrested people, cases for violence against females, cases for under-age protection, cases for collective labour dismissals and some other urgent topics.
  2. Except for urgent declared cases there is no possibility to appear before any court.
  3. Effectively, all time bars are automatically suspended during the State of Alarm.

Accordingly, the Spanish judicial system including the applicable time bars remain 'frozen' at least until 26 April 2020.

Members whose ongoing cases are subject to laws of Spain are invited to liaise with their relevant club contacts to obtain further details on the consequences of the current situation to their cases.

We would like to thank Mikel Garteiz-Goxeaskoa of Aiyon Abogados for this advice.