The Council of Ministers approved on Tuesday a Royal Decree-Law that includes, among other measures, the suspension of procedural deadlines in those judicial parties in which forest fires have generated difficulties for the normal development of judicial activity and for the fulfillment of procedural deadlines by citizens and professionals.
Extraordinary suspension of procedural deadlines
The second additional provision establishes the suspension of the procedural deadlines between July 27 and 31, both inclusive, in the judicial parties of Ávila, Arenas de San Pedro, Talavera de la Reina, Torrijos, Navalcarnero, San Lorenzo de El Escorial and Nules.
The suspension is applied with the usual exceptions provided for in the procedural legislation, including urgent criminal proceedings, procedures for the protection of fundamental rights and procedures for the protection of minors, which will not be affected. In addition, the rule incorporates a final clause that empowers the judge or court to agree on the practice of any judicial proceedings that may be necessary in order to avoid irreparable harm to the rights of the persons concerned.
Likewise, professionals whose professional or private domicile is in any of these judicial parties may bring this circumstance to the attention of the competent judicial body to request, on an exceptional basis and in accordance with procedural legislation, the suspension of time limits or hearings when appropriate. In this way, the people affected will be able to focus on dealing with the consequences of the emergency without having any impact on their legal proceedings.
More protection for affected individuals and companies
The Royal Decree-Law also allows people and companies affected by the fires to have more time to request the declaration of contest in case of being in an insolvency situation. And it temporarily suspends the deadlines to claim rights or initiate certain legal proceedings, thus preventing the difficulties caused by the fires from harming the people affected.
The Government has adopted these measures in coordination with the legal operators and in response to the requests transmitted by the General Council of the Spanish Legal Profession (CGAE). They strengthen the protection of affected persons, guarantee legal certainty and ensure that the consequences of forest fires do not limit the exercise of their rights or access to justice.
The Royal Decree-Law will enter into force on the day following its publication in the Official Gazette of the State and will produce effects with respect to forest fires that have occurred since July 23.