The Permanent Commission of the General Council of the Judiciary has learned of the need to create 32 new social courts in order to streamline judicial activity and reduce response times in those provinces in which it has detected that acts of conciliation and trial indicate a delay of more than one year.
The agreement of the Permanent Commission was based on a report prepared by the Inspection Service of the CGPJ after the analysis, during the month of November, of the situation of all the social courts that were indicating acts of conciliation and judgment with more one year past due. In addition, the criterion recently established by the Constitutional Court, whose First Chamber has declared that a delay of several years the right to effective judicial protection, has been taken into account.
In its analysis of the situation of the social courts, the Inspection Service has assessed the average charges for the entry of cases -according to the indicators approved by the CGPJ- for the years 2018 to 2021 and for the first three quarters of 2022. Also, the level of resolution, the average level of dispute by territory, the average response times and the dates of the last reports of which there is evidence.
In accordance with these data, it concludes that the constitution of 32 new social courts is "necessary and essential", which should not be distributed territorially as follows:
Andalusia
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3 social courts in Almería
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1 labor court in Cádiz
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1 labor court in Jerez de la Frontera
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2 labor courts in Malaga
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5 labor courts in Seville
Catalonia
Madrid
Valencian community
In addition to the creation of these 32 judicial bodies, the report warns of the need to threaten the judicial plant in all those localities in which the workload of the social courts exceeds 130% of the media indicator in the last five years. According to the Inspection Service, the judicial bodies that are in this situation do not appear on the above list thanks to the efforts of their owners, who have managed to reduce the delay times, although these "exceed the legitimate expectations of the citizens and violate the principle of celerity that governs the social jurisdiction”.
The Permanent Commission has agreed to forward the report to the presidents of the High Courts of Justice affected so that they can assess the promoter of the adoption of reinforcing measures, while the increase in the judicial plant occurs.
Likewise, it is transferred to the Ministry of Justice and the autonomous administrations.
