The Legal Profession asks to fix the shortcomings of the first-instance courts: its six proposals
On 7 October the General Council of the Spanish Legal Profession presented, at a conference of directors of common services, its diagnosis of the rollout of the first-instance courts and a list of proposals. The electronic court file and the traceability of proceedings are the priorities.
The rollout of the first-instance courts (Tribunales de Instancia) and of the new court office continues to be talked about in the profession. On 7 October 2026, the president of the General Council of the Spanish Legal Profession, Salvador González, spoke at the 2nd Conference of Directors of Common Services, opened by minister Félix Bolaños, and presented the Legal Profession's diagnosis and proposals.
The diagnosis
According to the information published by the Spanish Legal Profession, the reports gathered from bar associations show an uneven rollout depending on the territory:
- In some places, progress is seen in rationalising resources and unifying criteria.
- In others, bar associations report delays, disorientation and difficulties in identifying who is handling each matter.
The note does not quantify or publish those reports. It does highlight two underlying concerns: that the electronic court file work fully, completely, up to date and interoperably, because its shortcomings can affect the right of defence and create legal uncertainty; and that the reforms have more training and material resources.
The six proposals
| Proposal | Content, according to the Legal Profession |
|---|---|
| 1. Traceability | Guarantee the traceability of proceedings, operational communication channels and clearly identifiable officials |
| 2. Electronic file | That it be fully functional and interoperable |
| 3. Resources | Strengthen training, staffing and suitable premises |
| 4. Coordination | That the presidencies of the first-instance courts take an active role in coordinating and harmonising criteria |
| 5. Quality Commission | Set up the Quality Commission provided for in the reform and establish stable channels of dialogue with bar associations and councils |
| 6. Monitoring | Watch response times, bottlenecks and incidents, and correct them before they become entrenched |
According to the note, representatives of the General Council of Social Graduates and the director general of Digital Transformation of the Administration of Justice also took part in the conference.
Why the Quality Commission matters
Of the six proposals, the fifth is the one that could most change the situation in the medium term. The note recalls that the reform provides for a Quality Commission, and the Legal Profession asks that it be set up and that stable channels of dialogue be established with bar associations and councils. A body like that would allow incidents that are now reported in a scattered way to be analysed in an orderly manner and turned into corrections.
The sixth proposal, monitoring response times and incidents, goes in the same direction: measure so as to correct before problems become entrenched.
What it means for firms
The diagnosis matches the practical questions raised day to day: knowing who is processing a matter, which common service to approach and whether the electronic file is complete.
While those shortcomings are corrected, it is wise to:
- Document incidents with date, court and the service affected.
- Report them to the bar association, which is the route through which the Legal Profession gathers information for its reports.
- Review the electronic file before each relevant action and record any gaps found.
- Identify the common service responsible for each step and keep any contact details obtained, to avoid repeating the search in each matter.
Bar associations are also opening spaces for dialogue with the court office, such as the ICAM workshop on first-instance courts on 27 October. On the substance of the reform, we stand by what we argued in the editorial "The first-instance courts will succeed or fail on the court office". And to handle the Justice system's digital tools, the Legal Profession has launched a digital justice course.
For firms, documenting incidents in an orderly and dated way is doubly useful: it helps resolve each matter and lets them give the bar association concrete data on how the court office works.
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Fuentes
- Abogacía Española. Salvador González exige corregir las deficiencias de los Tribunales de Instancia (7 de octubre de 2026). Accessed 18 October 2026.
The specific data in this article come from the official sources cited.
