Suspensión del procedimiento y vistas y nuevos señalamientos en la Ley de medidas de eficiencia procesal (arts. 179, 183, 188, y 189 LEC)

Resumo

The draft law on procedural efficiency measures for the public justice service, published in the Official Gazette of the Spanish Parliament on 22 April 2022 contains amendments to the Law on Civil Procedure (LEC) designed to streamline proceedings and provide greater efficiency to judicial procedures on the assumption that the justice system has structural insufficiencies. It stresses the importance of the use of technology, and regulates an extension of the grounds that can result in the suspension of proceedings, hearings and procedural actions. Without being specified, the new grounds under proposal can affect the general proceeding in what would be a temporary stay thereof. The entire text of the draft contains the inclusive language introduced by Royal Decree Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, ranging from the new grounds for suspension included in the amended articles 179 and 188 of the LEC, to personal matters affecting lawyers and court attorneys, such as the death, accident or serious illness of their spouse, of a person to whom they are linked in an analogous relationship or of a relative to the first or second degree of kinship, and in cases of the birth and care of a minor. The aim is to enable these professionals to better conciliate their personal and family life with the performance of their duties before the courts of justice, while ensuring that such conciliation remains compatible with the right to effective legal protection of the parties. These measures must be applied and interpreted by weighing the interests and rights of all those involved, taking into account the specific formality or procedure affected.