Royal-Decree 463/2020, of March 14.

SUSPENDED of the procedural, administrative, and expiration and prescription terms

03-16-2020 CPM Lawyers

On Saturday, March 14, 2020, it appeared published in the B.O.E. Royal Decree 463/2020, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.

In it, the measures that have been considered essential, and proportionate to the seriousness of the situation, have been adopted.

Here are the measures that affect our professional practice, our clients, and citizens in general.

1.- REGARDING PROCEDURAL DEADLINES

The Second Additional Provision of Royal Decree 463/2020, has established that the terms are suspended and the periods provided for in the procedural laws for all jurisdictional orders are suspended and interrupted.

The terms will resume at the moment in which the Royal Decree loses validity.

2.- SUSPENSION OF ADMINISTRATIVE DEADLINES

The Third Additional Provision of Royal Decree 463/2020, has established that the terms are suspended and the deadlines for processing the procedures of Public Sector entities are interrupted.

The calculation of the terms will resume at the moment the Royal Decree loses validity.

3.- PRESCRIPTIONS AND EXPIRY

The Fourth Additional Provision of the Royal Decree has established that the limitation and expiration periods of any actions and rights are suspended, while the term of the state of alarm lasts.

4.- REGARDING LEGAL ACTIONS

The General Council of the Judiciary, in a session of the Permanent Commission on March 14, 2020, agreed to suspend, throughout the national territory, the scheduled judicial proceedings and procedural deadlines, guaranteeing the essential services established by the agreement. 11-1, which can be accessed through this link to the CGPJ.

Second additional provision. Suspension of procedural deadlines.

  1. Terms are suspended and the periods provided for in the procedural laws are suspended and interrupted for all jurisdictional orders. The calculation of the terms will be resumed at the moment when the present royal decree or, where appropriate, its extensions, loses its validity.

 

  1. In the criminal jurisdictional order, suspension and interruption shall not apply to habeas corpus procedures, to the actions entrusted to the guard services, to actions with detainees, to protection orders, to urgent actions in matters of prison surveillance and any precautionary measures regarding violence against women or minors.

Likewise, in the investigation phase, the competent judge or court may agree to the practice of those actions that, due to their urgent nature, cannot be postponed.

  1. In relation to the rest of the jurisdictional orders, the interruption referred to in the first section shall not apply to the following cases:
  2. a) The procedure for the protection of the fundamental rights of the person provided for in articles 114 and following of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, or the processing of authorizations or ratifications judicial provisions in article 8.6 of the aforementioned law.
  3. b) The procedures for collective conflict and for the protection of fundamental rights and public liberties regulated in Law 36/2011, of October 10, regulating social jurisdiction.
  4. c) The judicial authorization for non-voluntary internment due to a mental disorder provided for in article 763 of Law 1/2000, of January 7, on Civil Procedure.
  5. d) The adoption of measures or provisions for the protection of minors provided for in article 158 of the Civil Code.
  6. Notwithstanding the provisions of the preceding paragraphs, the judge or court may agree to the practice of any judicial actions that are necessary to avoid irreparable damage to the legitimate rights and interests of the parties in the process.