Resolution on legal costs in Spain – 01.06.13

1.06.2013

THE FEDERATION OF EUROPEAN BARS (FBE), ON THE OCCASSION OF THE CELEBRATION OF ITS ANNUAL CONFERENCE IN FRANKFURT, PROCLAIMS THE FOLLOWING STATEMENT

1.- To express its total rejection of the regulation passed in recent months by the Spanish Government and ratified by the Spanish Parliament, specifically the Law No. 10/2012 which regulates certain costs within the framework of the Administration of Justice and of the National Institute of Forensic Medicine, the subsequent Royal Decree-Law No. 3/2013, which amends the previous regulation, and the subsidiary regulation, all of which establish general and totally disproportionate court fees to commence legal proceedings and enter appeals, because such rules clearly limit access to justice, as well as rendering impossible the effective judicial protection guaranteed by the Spanish Constitution as well as by International Treaties.

2.- To denounce that such a regulation has raised a clear and real damage to citizens who, confronted to the high amount of court costs involved, decide that they will not start or continue with court cases, hence waiving their legal rights.

3.- To request the Spanish Government reconsider the said regulation, leaving it without implementation, insofar as it represents a blatant violation the constitutional rights of citizens.

4.- To proclaim its support to the General Council of the Spanish Advocacy and Spanish Bar Associations with regard to the actions and demands against the said regulation.