The Permanent Commission of the General Council of the Judiciary (CGPJ) ―its engine room― will study this Thursday a report prepared by its secretary general, based on the complaints sent by the Superior Courts of Justice and the National Court, on the implementation of the new trial courts, which reflects difficulties in their implementation due to problems of lack of personnel, IT and the facilities themselves, but clarifies that none of these incidents have caused suspensions or delays in the organs’ agenda judicial, except in specific cases, as EL PAÍS has learned.
The text summarizes the incidents reported to the CGPJ by the Superior Courts of Justice and the National Court on the third phase of the implementation of the lower courts, which should have been completed on December 31 in the large cities – except in Oviedo, Gijón and Avilés, which had until February 15 -, although at the sectoral conference last December the Ministry of Justice agreed with the autonomous communities to make the deadlines more flexible.
Regarding this aspect, the report indicates that several territories have postponed the start-up of these courts beyond the scheduled date and highlights the cases of Andalusia and the Canary Islands because they have warned of a merely formal implementation, to the point that they have stated that there the courts continue to function the same as before this organizational change came into force in the judicial system.
Beyond the established calendar, the document reflects problems due to insufficient personnel, whether due to a low staff, excess vacancies or loss of reinforcements considered essential. Specifically, he specifies that the Balearic Islands have sounded the alarm because they have 58% interim workers. The report also describes imbalances between the different sections of the trial courts due to the prohibition established by the law that created them from assigning officials to tasks other than those of their job.
On the other hand, the Judiciary reveals widespread computer problems that are concentrated in procedural management systems. Regions such as Andalusia, Cantabria or Valencia identify it as the main obstacle to the start of trial courts in their respective territories. Only the Basque Country declares itself technologically prepared.
The report also shows complaints about the absence of reforms to physically adapt the old single-person courts to the new reality, as well as other adaptation problems such as lack of furniture, computer equipment and erroneous or confusing signage. Basque Country and La Rioja are the only exceptions in this sense.
Territories such as Madrid, Catalonia, Aragon, Murcia or Castilla La-Mancha report problems with public service and the Balearic Islands extend them to communication with State security forces and bodies and penitentiary centers, while Castilla y León includes hospitals.
Apart from the material deficiencies, the report includes substantive problems. Thus, the Canary Islands, Catalonia and Navarra warn about the lack of unification of procedural criteria and practices in the judicial office in charge of the Lawyers of the Administration of Justice (LAJ). Pamplona directly denounces a case of open opposition to following orders.
Madrid warns of the risk of suspensions
Despite everything, the report indicates that, in general, the Superior Courts of Justice and the National Court communicate that this third phase of implementation of the lower courts has not caused suspensions or delays in judicial appointments, with the exception of specific cases. Specifically, it alludes to a structural problem of suspensions in Reus (Catalonia) due to lack of officials; suspensions and delays due to loss of control of procedures, even in cases of special relevance or with especially vulnerable victims, in Galicia; and, in the case of Madrid, warns of the risk of suspensions once the transition phase of the first quarter of 2026 has passed.
It is expected that this Thursday the Permanent Commission will limit itself to taking note of this report to send it to the working group that is monitoring the implementation of the lower courts and, from there, “continue working”, according to CGPJ sources consulted by this newspaper.
This same Wednesday, the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, who appeared to announce the creation of 200 new prosecutor positions for this year, described those reported by the Superior Courts of Justice and the National Court as “minor incidents.” Furthermore, it has downplayed their importance by framing them as a change in a model, that of single-person courts, which “has been in force for more than 150 years.” “Nothing to worry about because it will be an indisputable success,” he stated about the lower courts.
Bolaños has taken the opportunity to remember that the Ministry only has powers in matters of Justice in five autonomous communities (Extremadura, Balearic Islands, Castilla-La Mancha, Castilla y León and Murcia) and in the autonomous cities of Ceuta and Melilla, highlighting that some of the incidents that are being reported, “precisely”, coincide with regions where his department lacks jurisdiction.
