Anteproyecto de Ley Orgánica del Poder Judicial de 4 de abril de 2014

Zusammenfassung

The Spanish Council of Ministers of April 4th, 2014, agreed to adopt a Draft Bill on the Judiciary. One may think that, as thirty years is a long time for a regulation to be in force (although it must be stressed that the Organic Law on the Judiciary [Ley Orgánica del Poder Judicial] has been updated and renewed several times), it should be replaced. However, in order to support that statement, the bulk of the new text has to be a real novelty, adding previously non-existing institutions and giving a different treatment to the ones already regulated. In the present case, the drafting of a new Act on the Judiciary has been announced with great fanfare. But if we analyse its content we see that those “radical changes” just tackle with the organization of the judiciary, and do not even affect every court but just some of them. The remaining changes are witticisms that will probably disappear from the final text. This paper presents, and briefly analyses, those changes with real substance included in the Draft Bill on the Judiciary. However, the author announces in advance his negative opinion on most of the changes, due not only to the lack of debate during its drafting but also to the outcome they would lead to; it is foreseeable that its implementation would lead to total chaos in the courts, striking the coup the grâce against the Spanish Justice Administration.