Although Congress passed the law in July, it did not enter the Senate until August 28.
The Popular Group has presented in the Senate a total of 10 amendments to the Bill of procedural and organizational measures to deal with Covid-19 in the field of the Administration of Justice. The popular spokesman in the Commission, Fernando de Rosa, questions the delay of the Government in processing the Bill in the Senate and the consequences for the Administration of Justice. "The negligence of the Government has endangered the officials and all the personnel of the Administration of Justice by not having implemented the measures against COVID19".
Congress decided to give “full legislative competence” to its Justice Commission, so it did not have to be ratified by the Plenary of Congress and it should have been sent to the Senate to complete its processing, explains Fernando de Rosa. “Neither the PSOE nor the Government have listened to us. The measures approved in July should be in place before the start of the Judicial Year, both in terms of security and to avoid the collapse in the courts ”and he complains that, until August 28, the Law has not entered the Upper House .
In recent months, both the GPP Justice spokesperson, Fernando de Rosa, as well as Cristina Ayala, a member of the Senate Table and the popular senators of the Justice Commission have held several meetings with legal operators, judges and magistrates, as well as with officials of the Administration of Justice. "The amendments that we have presented try to bring together all the claims that were made to us," says De Rosa.
The Popular Group has presented 10 amendments to the text of the Bill, relating to bankruptcy proceedings; access to protective equipment by public employees; Attention to the public in any judicial or prosecutor's office through videoconference, by telephone or through email; guarantee the protection of people's health in courtrooms; and the creation of First Instance Courts specialized in Mortgage and Consumer Matters, among other matters.
In relation to the extrajudicial auction, Fernando de Rosa points out that “the success of said auction has been evident since its validity and a clear example is the results obtained by the telematic auction portal of the Colleges of Attorneys, which have achieved the auction success of a significant number of assets, in a very short space of time, thus enabling the satisfaction of creditors' credits, generally unsatisfied, and generating considerable movements in the field of the economy, a positive aspect of the Royal Decree-Law 16/2020 that must be taken into consideration and that cannot be left out of this Bill ”.
Likewise, the popular spokesperson recalls the importance of conducting periodic audits of judicial facilities that verify the adequacy of judicial headquarters to the provisions of the health authorities at all times to prevent contagion.
In addition, in order to guarantee the protection of people's health, until June 20, 2021, the PP proposes that the judicial body order, in accordance with the characteristics of the courtrooms, public access to all Oral proceedings, which may not exceed the maximum capacity established by the health authorities and established by the competent administrations in matters of protection of health and occupational safety within the headquarters of the Administration of Justice.
Regarding the care of professionals, Fernando de Rosa affirms that “it is not reasonable that it is intended to limit access to judicial headquarters to professionals who have provided their services during the state of alarm and during the partial habilitation of the month of August , with no other limitations than those derived from the protection of health, established by the competent authorities ”.
"If the purpose is the protection and safety of people, there are other means and measures to ensure it, which do not affect the normal functioning of the administration of justice, which will undoubtedly become" abnormal "if those who must provide their professional services in their headquarters, limitations are imposed on them to access them ”, points out the popular senator.