The Spanish judicial system is constantly evolving in order to adapt to the challenges of contemporary society.
In this context, Organic Law 1/2025 on Measures for the Efficiency of the Public Justice Service represents a paradigm shift towards a more modern, accessible and sustainable justice system.
In the following, we will examine the main points of this law, its implications and the timetable for the entry into force of its measures.
I.- CONTEXT AND OBJECTIVE OF THE LAW ON THE EFFICIENCY OF THE PUBLIC JUSTICE SERVICE
Organic Law 1/2025 aims to resolve the structural problems of the Spanish judicial system, such as the saturation of the courts, territorial inequalities in access to justice and the lack of technological adaptation. Its main objectives include
- Modernise the organisation of the judiciary by creating courts of first instance.
- Reduce territorial inequalities with new judicial offices in the municipalities.
- Promote digitisation for a more agile and accessible justice system.
- Promote consensual conflict resolution through mediation and other alternative mechanisms.
- Promote environmental and financial sustainability of the justice system.
II.-MAIN CHANGES INTRODUCED BY THE LAW ON THE EFFICIENCY OF THE PUBLIC JUSTICE SERVICE
1. Creation of courts of first instance
The new courts of first instance will progressively replace the single judge courts, offering a collegiate structure that will allow a better distribution of the workload and a specialised approach. Entry into force: 1 January 2026.
2. Modernisation of magistrates’ courts
The magistrates’ courts will be transformed into municipal justice offices, thus increasing their capacity to provide modern administrative and judicial services. Entry into force: 1 July 2025.
3. Digitisation of the judicial system
Tools such as the electronic court file and digital case management will be implemented. These measures will facilitate communication between parties and reduce the time taken to resolve cases. Entry into force: 1 January 2026.
4. Specialisation of courts
The new courts of first instance will be organised into specialised sections (family, children, commercial, etc.) to ensure a more technical treatment of cases. Entry into force: 1 January 2026.
5. Technological adaptation
Includes secure videoconferencing and digital access to justice portals allowing remote participation in judicial proceedings. Entry into force: 1 January 2026.
6. Standardisation of practices
The law establishes uniform criteria to ensure consistent decisions throughout the national territory. Entry into force: 1 January 2025.
7. Citizen participation
Encourages the active participation of citizens in conflict resolution through mechanisms such as mediation and arbitration. Entry into force: 1 July 2025.
8. Administrative reorganisation
The new justice offices will integrate staff from different administrations, improving their capacity to serve citizens. Entry into force: 1 July 2025.
9. Reducing territorial disparities
Access to justice in rural areas will be guaranteed through digitalised and decentralised justice offices. Entry into force: 1 July 2025.
10. Alternative dispute resolution
Promotes out-of-court solutions such as mediation and arbitration, thereby reducing the burden on the courts and cutting costs. Entry into force: 1 January 2026.
11. Sustainability of the judicial system
Introduces measures against abuse of the justice system, such as fines for unfounded claims. Entry into force: 1 January 2025.
12. Establishment of the Central Court of First Instance
This body will hear cases of great complexity or national importance, ensuring greater efficiency in the resolution of disputes. Entry into force: 1 January 2026.
13. Facilitating access to justice
The use of technology will minimise geographical barriers and make it possible to conduct proceedings at a distance. Entry into force: 1 January 2026.
14. Criminal procedure reforms
Includes simplifications to the Criminal Procedure Act to avoid delays and improve procedural efficiency. Entry into force: 1 January 2025.
15. Expanding the responsibilities of the Judicial Offices.
They will be responsible for new functions such as cooperation with the civil registry and administrative processing. Entry into force: 1 July 2025.
16. Strengthening the role of the legal profession
Recognises the mediation work of lawyers and guarantees their fair remuneration in out-of-court settlements. Entry into force: 1 January 2026.
17. Environmental sustainability
Digitalisation will reduce the use of paper and travel, thereby reducing the carbon footprint of the justice system. Entry into force: 1 January 2026.
18. Internal organisational improvements
Presidencies will be created in the courts of first instance to better coordinate the distribution of cases and ensure efficiency. Entry into force: 1 January 2026.
19. Extension of the competences of the Autonomous Communities
Communities with judicial powers will be able to manage judicial offices and appoint justices of the peace. Entry into force: 1 January 2025.
20. Fiscal adjustment and sanctions for abuse
Financial penalties will be introduced for entities that obstruct consensual agreements, and tax benefits will be adjusted. Entry into force: 1 January 2025.
III.- ENTRY INTO FORCE OF ORGANIC LAW 1/2025 ON EFFICIENCY MEASURES FOR THE PUBLIC JUDICIAL SERVICE
Organic Law 1/2025 will enter into force in stages, depending on the specific measures. The key dates are as follows:
1. 1 January 2025:
Homogenisation of practices.
Sustainability of the judicial system (sanctions against abuses).
Reform of criminal procedure.
Extension of regional powers.
Fiscal adjustments and sanctions for abuses.
2. 1 July 2025:
Modernisation of Magistrates’ Courts (transformation into Justice Offices).
Citizen participation.
Administrative reorganisation.
Reduction of territorial disparities.
Extension of the powers of the judicial offices.
3. 1 January 2026:
Creation of courts of first instance.
Digitalisation of the judicial system.
Specialisation of the courts.
Technological adaptation.
Alternative methods of dispute resolution.
Establishment of the Central Court of First Instance
Facilitating access to justice
Strengthening the role of the legal profession.
Environmental sustainability
Internal organisational improvements.
IV.- LAWS AMENDED BY ORGANIC LAW 1/2025 ON MEASURES TO IMPROVE THE EFFICIENCY OF THE PUBLIC JUSTICE SYSTEM
Organic Law 1/2025 amends several key provisions of the Spanish legal system in order to implement its measures.
Among the most important laws affected are
1. Organic Law 6/1985 of 1 July 1985 on the Judiciary:
Creation of the Courts of First Instance and the Central Court of First Instance.
Restructuring of the Justice of the Peace Courts as Municipal Justice Offices.
Changes in the powers and organisation of the judicial bodies.
2. Civil Procedure Act (Law 1/2000 of 7 January 2000:
Regulation of mediation and other alternative dispute resolution methods.
New procedural rules for civil and commercial litigation.
Adjustments to simplify procedures and improve efficiency in criminal cases.
4. Law 5/2012 of 6 July on Mediation in Civil and Commercial Matters:
Strengthens mediation as a preferred tool for conflict resolution.
5. Law 35/2006, of 28 November, on income tax:
Tax adjustments related to compensation and alternative dispute resolution mechanisms.
6. Ley de Asistencia Jurídica Gratuita (Law 1/1996, of 10 January):
Coverage of fees in alternative dispute resolution schemes.
7. Ley de Demarcación y Planta Judicial (Ley 38/1988, de 28 de diciembre):
Restructuring to accommodate the new courts of first instance.
8. Organic Law 10/2022 of 6 September on the Comprehensive Guarantee of Sexual Freedom:
Specialisation in sexual violence and adaptation of competences.
9. Law 15/2015 of 2 July on Voluntary Jurisdiction:
Improvement of conciliatory acts and measures to promote out-of-court settlements.
10. Mortgage law:
Regulation of registry conciliation and its enforceability.
V.- CONCLUSION
Organic Law 1/2025 is a milestone in the modernisation of the Spanish justice system, tackling historical problems with innovative and sustainable solutions.
Its focus on digitisation, citizen participation and sustainability promises to transform the justice system into a more efficient, transparent, accessible and equitable public service.
With the gradual implementation of these measures, the justice system will be better prepared to meet the challenges of the 21st century.
