¿Cómo se deberían regular mejor las costas judiciales en el proceso civil? Situación actual y propuestas de reforma

Abstract

Court costs as economic disbursements to be made by the parties to the proceedings influence the right to the due process of law, hence its practical relevance and the need for clear regulation. Currently, the criterion of objective maturity applicable is being reviewed due to the latest reforms proposed, seeking to introduce other criteria that allow the assessment of the specific circumstances, not only of the case, but also of the procedural position of the parties, linking the order to pay court costs to the formulation of unsustainable approaches or contrary to consolidated judicial merits, in order to avoid unfounded litigation. Subjective aspects are introduced that must be evaluated by the court. The regulation of court costs appears as an accessory and secondary aspect to the merits of the case, with the reforms intended to be more substantial and for the court to take into account its own specific criteria in imposing them, beyond the estimation or not of the parties» claims.