Juridical measures of RDL 16/2020 are approved. Refers to procedural and organizational measures to address the COVID-19 in the field of the Administration of Justice.
The experts from our Legal Consulting Department give us a summary of these measures.
Juridical measures of RDL 16/2020
Measures are approved to order proceedings in legal proceedings during and after the state of alert, which we summarize below.
Working days
For all legal proceedings, the days of 11 to 31 August are declared to be working days.
Calculation of deadlines
The deadlines suspended by the declaration of the alarm state will be reckoned from the beginning, once the suspension on the corresponding procedure is lifted. The deadlines for announcing, preparing, formalizing and appealing against judgments and other decisions, notified during the suspension of deadlines or up to 20 days after the lifting of the suspension, shall be extended.
Procedures
- Processing of challenges to TERFs (ERTEs) derived from COVID-19. These challenges will be processed as a collective conflict when they affect more than five workers.
- Preferential processing of certain procedures. Until December 31, 2020 they will be processed with preference:
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Civil jurisdiction.
- Procedures derived from the lack of recognition by the creditor of the legal moratorium on mortgages on habitual residence and on properties affected by economic activity,
- proceedings arising from any claims that may be made by tenants for failure to apply the legally prescribed moratorium or mandatory extension of the contract,
bankruptcy proceedings of debtors who are natural persons and who do not have the status of entrepreneurs.
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Contentious-administrative jurisdiction
- Appeals against acts and resolutions of the Public Administrations refusing the application of aid and measures legally provided for to alleviate the economic effects of the health crisis produced by the COVID-19.
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Social jurisdiction.
- Processes for dismissal or termination of contract,
- Processes derived from the procedure to declare the duty and form of recovery of working hours not performed during paid leave,
- Procedures for the application of the MECUIDA plan (right to adapt the schedule and reduce the working day due to family care duties),
- The procedures for individual, collective or ex officio challenges to temporary employment regulation files,
- Procedures to be followed in order to make the distance working mode effective.
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Celebration of events by telematic means.
- During the validity of the state of alarm and up to three months after its completion, the acts of trial, appearances, declarations and hearings and, in general, all procedural acts, will be carried out preferably by means of telematic presence.
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Bankruptcy proceedings
- Until 31 December 2020 the debtor in a state of insolvency will not be obliged to apply for a declaration of insolvency. Likewise, until that date the judges will not admit the necessary applications for bankruptcy. Those in which it is a creditor who applies for the declaration of bankruptcy submitted since the declaration of the state of alarm.
- In the case of creditors’ meetings that are declared during the two years following the declaration of the state of alert. The contributions made by the partners, administrators or other related persons, will be considered as ordinary credits. Instead of subordinates, as established by the Bankruptcy Law.
- During the year following the declaration of the state of alert. The bankrupt party may request the modification of the agreement with creditors that has been reached. Therefore, the agreement is being complied with.
- In the insolvency proceedings declared within the year following the declaration of the state of alert and in those that are in process at that date. The auction of assets and rights of the active mass must be extrajudicial.
Corporate measures
For the purpose of determining the concurrence of the cause of dissolution for qualified losses (when the losses leave the net worth reduced to more than half of the share capital). Losses for the financial year 2020 will not be taken into account. Without prejudice to the duty to apply for insolvency proceedings.
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