As we all know, the now distant Royal Decree 463/2020, of March 14, which declared the state of alarm for the health crisis, agreed to suspend the procedural terms and deadlines in all kinds of jurisdictional orders, establishing that "the calculation of the terms will be resumed at the moment the same royal decree or its extensions, as the case may be, expires ”, except for actions declared urgent. It also agreed to suspend the administrative terms in the same terms.
The Congress of Deputies has agreed extend alarm status for a new period of 15 days, that is, until next June 7. Therefore, in principle and, at least, during this period in which the state of alarm continues, according to the RD, the procedural and administrative deadlines would continue to be suspended.
However, it has also transpired, by means of an announcement by the Council of Ministers, that from 4 June the suspension of procedural terms could be lifted, as well as the statute of limitations and expiration of rights and actions, which would require - if not wait until the state of alarm ends and unless an unlikely new extension - the repeal of the Additional Provision Second of RD 463/2020.
Likewise, it has also transpired that the suspension of administrative deadlines would be lifted with effect from the 1 June, with the consequent repeal of the Third Additional Provision of RD 463/2020.
Therefore, if authorization is obtained from the Congress of Deputies, the June 1 day would resume administrative deadlines, and the day 4 June that procedural deadlines and those of prescription and expiration of rights and actions.
As warned by the announcement of the Council of Ministers, this Friday the Crisis Coordination Commission of the Administration of Justice will meet to fight the coronavirus, to analyze the necessary steps to be addressed within the Scheme of Occupational Safety and the Plan of Descaling for the Justice Administration that was approved by Order of the Ministry of Justice on May 8.
Certainly the prompt resumption of the judicial activity of all its orders is desirable, due to the dire consequences that this stoppage will produce - and that has come to add to a situation of collapse in the pre-existing Justice - but surely it will be complicated, taking into account the indications already contained in the aforementioned May 8 Order and the needs for the provision of material resources, among other reasons.
In any case and not being "official" yet, We will have to wait for the confirmation that will be produced with the approval of the new Royal Decree that will indicate the exact date and the conditions under which judicial and administrative activity will resume, which we hope will be carried out in the best conditions of both security and guarantees of citizens' rights.
Therefore, the moment in which the computation of procedural, civil and administrative terms is reactivated is no longer far away, and with it the reactivation, even if at least of the processing, of the procedural procedures in progress and of those that must be initiated. The launching and holding of hearings seems more uncertain and complex, at least as we knew them so far. It seems inevitable that all legal operators will have to make a technological effort to make this possible, and it is not ruled out that curiously, "to speed up", we must recover part of the written procedures of the Old LEC, which motivated its total modification.
From Ribelles Abogados we will keep you informed of the exact date and circumstances in which such resumption will take place. For any question on this matter, do not hesitate to contact our office.
