As the first part on ‘Why is Spanish justice so slow’ identified the possible causes, in this second and also final part we discuss whether all this has a solution and what the conclusion is.
Is there a solution to all of this?
It’s not very clear that all of this can be solved simply by increasing the number of judges. In fact, over the years, the number of judges has increased, but not in proportion to the Spanish population, its economic-legal needs, and the socio-economic sectors. As the Spanish society becomes more developed, it generates more conflicts, and also more complex conflicts. Ultimately, not everything can be resolved by increasing the number of resources and judges (as can be seen in some regions where the ratio of judges to productivity is not the best), as there are more factors at play.
One area that could make a difference is investing in technology, which is where Spain falls behind compared to other countries (however, the investment in justice is similar). It’s not necessarily about spending less or redistributing resources differently, but about investing in technology: that is, digitalization and improvements in information systems, as shown in countries that have implemented these, significantly reducing judicial congestion and delays.
Additionally, another interesting proposal is to encourage alternative dispute resolution methods through mediation, arbitration, or conciliation, thereby resolving conflicts without reaching a judge and thus unblocking the judicial system.
Finally, a complex and delicate issue that is rarely proposed but worth mentioning is the imposition of judicial fees. It’s true that the Constitutional Court has already ruled on the matter, making it clear that the fundamental right to litigation takes precedence. However, as a reflection, it’s worth considering why France and Spain are among the few countries in similar situations that have not implemented some form of these fees to discourage mass or mechanical litigation.
Conclusion
In short, the excessive and widespread delays of the Spanish courts undermine the very value of justice and reduce the fundamental rights to effective judicial protection without undue delay to a mere theory. The simple claim of lack of resources and judges cannot be a valid excuse, as the Constitutional Court (STC 87/2025, May 11) stated: “(…) even if the delays experienced in the procedure were due to structural or organizational deficiencies of the judicial bodies or the overwhelming workload they bear, this hypothetical organizational situation (…) in no way alters the unjustified nature of the delay (…), nor does it limit the fundamental right of citizens to react to such delays, since it is not possible to restrict the scope and content of that right, given the place that fair and efficient administration of justice holds in a democratic society (…).”
With things as they are, it’s understandable that many clients are surprised by the delay in their cases and procedures, and even get frustrated and complain. We often do too, but you should know that in most cases, these delays cannot be changed by any action from the lawyer. As we mentioned in this article, this is how the system itself works, and beyond complaining, there is little more we can do when the progress of the procedure depends on third parties. In this sense, if you don’t hear from us or from the court, it’s not that we are not doing anything; it’s likely that the procedure is stuck in the inefficient Spanish judicial system. Despite this, we will continue to assist you attentively and diligently so that, despite the slow process, your rights and claims are protected.
Rafael Montes Velástegui