Coronavirus COVID-19

Special Information Briefing COVID-19 (No. 16): Royal Decree-law 16/2020, of 28 April, on procedural and organisational measures to deal with COVID-19 in the context of the administration of justice

29/04/2020

An analysis of the measures that will be applied to all procedural actions carried out from the entry into force of RDL 16/2020.

On 14 March 2020, Royal Decree 463/2020 was approved, declaring the state of alarm for the management of the health crisis caused by Covid-19 (“RDEA”), within which several measures were established regarding the functioning of the administration of justice. These measures were developed through the corresponding resolution of the General Council of the Judiciary, the Office of the Attorney General and the Ministry of Justice (see, respectively, Special Information Briefing COVID-19 No. 2 and Special Information Briefing COVID-19 No. 5).

In view of the imminent commencement of the de-escalation phase of the various measures adopted as a result of the COVID-19 crisis, the Council of Ministers has agreed to approve a series of measures, including Royal Decree-law 16/2020 of 28 April on procedural and organisational measures to address COVID-19 in the field of the administration of justice (“RDL 16/2020”), which provides for measures to facilitate the resumption of the normal functioning of the administration of justice and the recovery, to the extent possible, of the delay suffered. This is taking place in the context of a backlog of suspended proceedings and an expected increase in litigation, because of the economic situation caused by the health crisis.

RDL 16/2020 is divided into three sections: (i) the first section establishes measures of a procedural nature -such as the entitlement to days, the rules for calculating procedural deadlines after the state of alarm has been lifted, or the rules for processing certain specific proceedings-; (ii) the second section regulates a series of measures of an insolvency and corporate nature, and finally; (iii) the third section provides for a series of measures of an organisational and technological nature through which it is intended to make the functioning of the judicial system more agile, as well as preserving the health and safety of those who participate in it.

The entire content of the Information Briefing can be found in the PDF.

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