The strike by the Justice Department’s lawyers (better known by their former name, Court Clerks) is not an isolated protest. The strike with a start date of January 24 but no end date will a direct impact on the lives of many citizens and businesses. The protest will not only prevent thousands of trials and statements from being held, but will also freeze court accounts with an average balance of 4,500 million euros, which are managed exclusively by this body of officials dependent on the Ministry of Justice.
Alimony; payment to minors; liens; Compensation; deposit of bonds and civil liability; the payment of costs for the processing of appeals; or the transfer of fines to the treasury are some of the cases that will be paralyzed from next Tuesday with the strike for the 4,300 lawyers in the Judicial Administration in Spain.
Also, the overall processing of court cases, especially in commercial jurisdiction, where there are no urgent actions covered by the minimum services; the publication of auctions; the procedure of property investigations; payment judgments (for debt collection); or reconciliations and consensual divorces are directly affected.
Likewise, the service of resolutions requiring the signature of the former Secretary of Justice will be waived for the duration of the protest, while all court hearings where the Judicial Administration Attorney acts as a notary will be forced to find a new egg in the saturated agendas of the courts that have already drawn the calendars for the next five years, as is the case in social justice.
The only way to avoid the shutdowns is for the ministry to give the instructions Pilar Llop Call with an offer to resume negotiations about your working conditions and pay. This is borne out by sources from the convened bar associations Five days that their intention is to cause as little harm as possible to citizens and businesses that resolve their disputes in court, even though they see no other way to settle their claims.
In order not to go to this extreme, the lawyers actually sent a letter to the district president this week, Pedro Sanchezto draw attention to “the seriousness and extent of the risk of paralyzing the entire ordinary functioning of the courts across the country, with the exception of essential services” and to take the “necessary measures”.
Last way: Mediation
Mediation was created as the last alternative to opening dialogue. Four members of the General Council of Justice (CGPJ) and the recently elected Dean of the Madrid Bar Association (ICAM), Eugenio Ribón, have agreed to intervene in this conflict as mediators in order to reach a “peaceful” solution, according to the strike committee the lawyers in a press release.
For her part, Justice Minister Pilar Llop this Friday called on court clerks to “abandon maximalist positions” in order to reach “good agreements”, defending that her department is in constant negotiations with the bar associations.
The truth is that the threat of an indefinite strike has hung over the courts for months. As a bargaining chip, the lawyers staged strikes on November 29 and 30 and December 14 and 15 to demand that the government fulfill their promise Increase wages by more than 5% after assignment of new roles and responsibilities.
The ministry reported that the reason why court officials tried to shut down the judiciary after 10 of the 11 commitments made to them had been fulfilled was not understood. These demonstrations heightened tension, and representatives of the legal community opted for what they see as a “last resort”: the strike.
Other Measures
minimum services. During the strike, the judiciary’s lawyers will provide minimum services so that all these urgent measures can continue to be carried out. In order to ensure this measure, the Secretary General for Innovation and Quality in the Public Justice Service, Manuel Olmedo, issued a resolution specifying in which cases there must always be an operational lawyer. However, the group has not welcomed the set criteria, which have been branded as “unfair”. Sources from the associations calling for the strike told this newspaper that they are preparing an appeal to the Madrid Supreme Court (TSJM) to overturn the order.
Manifestation. The start of the indefinite strike will start with a demonstration in the capital, with a march of about 700 meters, which according to the strike committee will lead from the central Plaza de Callao to the headquarters of the Ministry of Justice.