Legal Transformations: Detailed Analysis of Royal Decree-Law 6/2023
On 20 December 2023, Royal Decree-Law 6/2023 was approved, bringing with it important amendments to the Civil Procedure Act and procedural novelties.
The aforementioned Royal Decree is divided into four books, the most important of which is Book I, which includes digital and procedural efficiency measures to facilitate the intervention of citizens in judicial proceedings.
The main amendments are based on the following:
Regarding the face-to-face modality for the performance of judicial actions and procedural acts, section 2 is modified and a new section 4 is introduced in Article 129 of the Civil Procedure Act.
There is a notorious reform with regard to the modification of the amount of claims by way of ordinary trial with the modification of Article 249.2, increasing the amount to €15,000.00 for the ordinary trial to be processed, except for the exceptions in Article 249.1.
The amendment affects, in turn, Article 250, with regard to those procedures in which the verbal trial must be followed and introducing new cases of claims that must be processed specifically through this procedure, whatever the amount.
In accordance with the aforementioned modification of the increase in the amount of the ordinary trial, those trials which, due to the amount involved, must be followed by means of the verbal trial are extended to €15,000.
Three new specific cases have been added which are to be followed by means of oral proceedings, increasing the number of cases from 13 to 16.
There is also an important reform with respect to section 337.1. of the announcement of opinions when they cannot be provided with the claim or with the defence, since, in the previous regulation, the opinions that, if applicable, are intended to be used must be expressed in one or the other, which must be provided, for their transfer to the opposing party, as soon as they are available, and in any case five days before the hearing prior to the ordinary trial or the hearing in the verbal trial.
The approval of the Royal Decree brings with it the modification of a wide variety of articles of the LEC, summarising in this post those which may be the most important.
The entry into force of these procedural reforms will take place on 20 March 2024 in accordance with Final Provision 9.2.2.2, which establishes:
However, the provisions contained in Title VIII of the first book and in the first, second and fourth final provisions will come into force three months after their publication in the "Official State Gazette". The amendments made to the Law on Civil Proceedings are contained in Title VIII of Book One of the Royal Decree.
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