The Government accepts the requests of the Lawyer on conciliation
- During maternity and paternity leave, the suspension of procedural deadlines may be requested.
- These advances in conciliation will materialize through the Procedural Efficiency Law.
- The Lawyer wants to avoid that the conciliation depends on the discretion of the judges.
Maternity and paternity leave will allow the suspension of legal proceedings. And the Christmas days that pass between December 24 and January 6 will be non-working for all purposes in the Spanish Justice. All this will be possible when the agreement reached between the Ministry of Justice and all the legal professions represented in the working group on conciliation requested by the Consejo General de la Abogacía Española.
These innovations will be incorporated into the text of the procedural efficiency bill, which will be processed in the Congress of Deputies this year. The Legal Profession has long been demanding a legal reform so that legal professionals have the same rights as other workers and prevent their possibilities of conciliation from depending on the discretion of the judges.
The agreed text also states that, for cases involving the birth and care of minors, legal professionals who are enjoying maternity or paternity leave may request the suspension of the procedure -and therefore of all acts and procedural deadlines in progress - for the compulsory work rest period established according to labor and social security legislation. This suspension will affect all the procedures in which he intervenes.
In addition, the inability of the month of August is extended to the Christmas period, by modifying the Civil Procedure Law, in its art. 130.2, which would establish that “Saturdays and Sundays are non-business days for procedural purposes, and the days between December 24 and January 6 of the following year, both inclusive, national holidays and holidays for labor purposes. in the respective Autonomous Community or locality ».
Finally, in cases of serious illness and / or death of a relative of the legal professional, the suspension of 3 to 5 days is now included (depending on travel needs).