18 May 2013 10:44:
The Spanish Authorities are more than aware of the fact that few, if any, Courts in Spain is able to work within the time limits provided for in the legislation and that the delays to get issues resolved is increasing exponentially recent years. The Bar Associations and other groups dealing with the justice systems have been bringing this to the attention of the Ministry of Justice for years.
Unfortunately, as many things today, this problem can only be started to be resolved by funding the justice system with substantial moneys. There is an immense shortage of judges and resources in Courts, There is barely no technology assisting in the organization and development of legal processes. Most judges have to issue an average of 4 or 5 rulings each day, in addition to hearing, analyzing and motivating these decisions and this is just impossible to deal with with the resources available. Although this situation is somewhat endemic and has been developing for many many years, the economic crisis and the increase in litigation has extended waiting times to an unbearable situation. Believe me, the Spanish authorities are aware of this.
The Ministry of Justice has announced that a plan is currently being developed and implemented to ease (not to resolve) the backlog of cases. For example, many of the non-contentious proceedings Judges have to deal with (for example marriages, divorces by mutual agreement, inheritance estates where all parties agree, among others) are in the process of being transferred to Notaries and Property Registrars who have seen their workload diminish with the crisis as opposed to that of Judges. Plaintiffs will now have to make payment of Court costs up-front and these costs have been seriously increased this year (although the legal profession is opposing this because in a way it is a means of making justice much more expensive and less available to the poor). The position of the legal profession is understandable but it is also true that a very substantial investment of funds into the system is required to only start dealing with the issues.
It seems to me from some of your posts that you believe that nothing is being done to remedy the situation and that Bar Associations are resigned to accept the current state of affairs. This is far from the truth but in the present economic climate where the Goverment have had to make and still has to make substantial costs to public spending, it is going to be very difficult, if not impossible, to invest the amount of funds required to resolve this mess.
I am confident that eventually things will start to improve but I am not sure when this improvement will become noticeable enough to people waiting for justice. So a few years of waiting and, therefore, of injustice are still ahead. The backlog of cases is huge and, obviously, not only regarding property issues but regarding proceedings of all kinds brought before the Courts.
I am sorry to have to recognize it as it is but I wanted to let you know that you do not need to appeal to the legal professionals to bring the situation to the attention of the authorities. They are doing what they can to assist clients with this, which is not very much in the current circumstances.
Thread: Court case against La Caixa / Trampolin Hills