SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Carmen Serrano, López-Ibor DPM
• first instance courts ( Juzgados de Primera Instan- cia ) and commercial courts ( Juzgados de lo Mer- cantil ) at the lowest level; • provincial courts ( Audiencias Provinciales ) and superior courts ( Tribunales Superiores de Justicia ), which are both above first instance courts; and • the Supreme Court ( Tribunal Supremo ), which is at the highest level of the Spanish court system. Spanish law provides for the specialisation of some courts in certain matters (for instance, first instance courts can specialise in family matters, insolvency proceedings or banking products). At the time of writing, a bill is currently being debated in parliament which, if approved, would implement a major transformation in this judicial structure, by way of suppressing traditional unipersonal courts and replacing them with collegiate tribunals divided into sections. The Constitutional Court is not part of the judiciary and therefore is not above the Supreme Court; it serves as an interpreter and guarantor of the correct application of the Spanish Constitution. From the start of the proceedings until the trial, oral proceedings usually take between six months and one year. In ordinary proceedings, a preliminary hearing is held first, so the timeframe from the start of the pro- ceedings until the trial is scheduled can be more than a year. In any case, these timeframes are estimates and depend on the workload of the courts. 1.3 Court Filings and Proceedings As a general rule, hearings in civil proceedings are open to the public, as provided for in Section 138 of the Spanish Civil Procedure Act (SCPA). However, some proceedings may be heard in closed session when this is necessary for the protection of public order or national security in a democratic society, when the interests of minors or the protection of the private lives of the parties and other rights and lib- erties require this, or when sensitive or confidential matters may be discussed. Since 2024, the electronic judicial file ( expediente judi- cial electrónico ) and mandatory e-communication with
the courts have become fully operative across most jurisdictions. All filings, notifications, and procedural documents must now be submitted electronically through the LexNET or equivalent regional systems, in accordance with Law 18/2022 on Business Creation
and Growth and Royal Decree 95/2024. 1.4 Legal Representation in Court
According to Section 23 of the SCPA, appearance before the court must be through a court agent ( Pro- curador ), who must: • hold a law degree or any other equivalent university degree; and • be authorised to exercise their profession among the judicial party in the court which will hear the case. In civil proceedings, parties may also appear in person in the following cases. In oral proceedings ( Juicios Verbales ), the determina - tion of which is based on the amount (not exceeding EUR2,000) and in order for payment procedures ( Pro- cedimiento Monitorio ). • In universal trials, where their appearance is limited to the submission of entitlement credits or rights, or to attendance at meetings. • In incidents relating to a decision regarding legal aid and where urgent pre-hearing measures are requested. • In Spain, lawyers may conduct cases throughout all Spanish territory and act in all instances. How- ever, they must be an active member of a specific local bar association. According to Section 31 of the SCPA, litigants must be advised and represented by lawyers duly authorised to practise law. No applications may be filed without a lawyer’s signature, with the following exceptions: • in oral hearings where the determination is based on the amount, and this does not exceed EUR2,000; and • written submissions with the intention of appear- ing before the court, or to request urgent measures
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