1. RDL adopting urgent measures to mitigate the damages caused by the DANA between 28 October and 4 November 2024.
The Government of Spain has approved, on 5 November, a Royal-Decree law containing the first package of urgent measures to address the most immediate needs of people, companies and city councils affected by the DANA.
In the judicial, notarial and registry fields, measures have been contemplated to protect the rights, guarantee legal security and provide an agile and efficient service to citizens.
Emergency Plan to expedite procedures. The Ministry has approved, effective immediately, reinforcement of the courts in Torrent, Catarroja and Requena, with a judge and lawyer from the Justice Administration in each one. Likewise, in the event of delays, the approval of an action plan to reestablish the regular functioning of the judicial bodies affected shall be assessed, to guarantee an agile and effective public service of justice.
Suspension of judicial deadlines. To avoid any detriment to defense of people’s rights in court, procedural deadlines have been suspended in the judicial bodies of the province of Valencia from 30 October to 10 November, 2024, with exceptions assessed primarily in relation to fundamental rights and actions which cannot be deferred. This period may be extended by Agreement of the Council of Ministers.
Telework. Telework has been established in the courts and civil registries affected, to adapt to the needs of employees affected by the situation caused by the DANA, while the exceptional circumstances limiting travel persist.
Portal for Registry Emergencies. A Portal for Registry Emergencies has been provided so that, via satellite, the properties affected can be identified for their reconstruction. Specifically, this Portal contains:
a) The georeferenced territory affected by the DANA..
b) Identification of properties with a registered graphical reference included in the affected area..
c) Graphical identification of properties on the cadastral plots with associated data that enable their geolocation.
You can access with the following link:
https://geoportal.registradores.org/emergency
You can download the Portal user manual here: Manual Portal Registral de Emergencias.pdf
Other registry and notarial measures . The Ministry has adopted notarial and registry measures to enable people affected to certify the location of their real property and obtain documents lost in the floods. Including:
a) The Spanish Land, Business and Movable Property Registrars Association shall issue, for free, location notes for real property or other assets or rights registered when their holders have lost the corresponding documents.
b) The Ministry may enable notaries and notary offices to act in the Comunitat Valenciana to ensure availability of their services.
You may read the Royal Decree-Law in the following link:
https://www.boe.es/boe/dias/2024/11/06/pdfs/BOE-A-2024-22928.pdf
2. Agreement declaring “Zone severely affected by a civil protection emergency” the territory hurt by the DANA during the 28, 29 and 30 October, 2024.
Together with the Royal Decree-law, the Government has approved the Agreement declaring “Zone severely affected by a civil protection emergency” the territory involved.
This agreement contemplates that, while the exceptional situation caused by the emergency persists, the Ministry may adopt various measures, for example:
a) Agree on actions regarding services provided by Lawyers of the Justice Administration at the judicial bodies affected..
b) Reinforce human and material resources at the Institutes of Legal Medicine and Forensic Science affected.
Likewise, the
National Technical Committee for Events with Multiple Victims, under the Ministry, shall adopt, within its competences, the measures necessary to address the emergency situation.
The administrative deadlines in the municipalities affected have also been suspended until the Council of Ministers decides to end this measure, in order to avoid any harm to people’s rights before any administration.
You may read the Royal Decree-Law in the following link:
https://www.boe.es/boe/dias/2024/11/07/pdfs/BOE-A-2024-23055.pdf
3. RDL adopting urgent measures to promote the Plan for Immediate Response, Reconstruction and Recovery from the damages caused by the DANA between 28 October and 4 November 2024.
The Government of Spain has approved, on 11 November, a Royal Decree-law containing a new package of urgent measures to promote the Plan for Immediate Response, Reconstruction and Recovery from the damages caused by the DANA in several municipalities.
In the judicial field, it contemplates a new measure to protect the rights and guarantee the legal security of citizens.
Suspension of judicial deadlines. Terms have been suspended and the deadlines contemplated by procedural laws have been suspended and interrupted for all courts in the judicial bodies based in the province of Valencia from 10 November 2024 and indefinitely.
This suspension shall be lifted by Agreement of the Council of Ministers, upon consultation with the General Council of the Judiciary, according to how the circumstances justifying its adoption, evolve.
Nonetheless, the judge or court may agree to undertake any judicial proceedings deemed necessary to avoid irreparable damage to the rights or legitimate interest of the parties involved.
Criminal jurisdiction. The suspension and interruption shall not apply to habeas corpus procedures, actions assigned to law enforcement, actions with detainees, protection orders, urgent actions related to penitentiary supervision and any precautionary measures related to violence against women or minors.
Likewise, during the pre-trial phase, the competent judge or court may agree to undertake those actions which, given their urgent nature, cannot be deferred.
All other court orders. The suspension shall apply in the following cases:
The procedure to protect a person’s fundamental rights of Law 29/1998, of 13 July, regulating contentious-administrative jurisdiction, or processing judicial authorizations or ratifications..
The collective dispute procedures and protection of fundamental rights and public freedoms of Law 36/2011, of 10 October, regulating social jurisdiction.
The judicial authorization for involuntary internment due to a mental disorder of Law 1/2000, of 7 January, of Civil Procedure.
The adoption of measures or provisions to protect minors contemplated in the Civil Code..
You may read the Royal Decree-Law in the following link:
https://boe.es/boe/dias/2024/11/12/pdfs/BOE-A-2024-23422.pdf
