After the first two months of application of Law 10/2012 on court fees and their rejection by all sectors, the Government has made a rectification of the Law through Royal Decree Law 3/2013. However on 28th, January 2013 the General Council of the Abogacy submitted an administrative appeal against the Ministerial Order approving the finance model reverse and return of Court Fees before the National High Court. That action requested both the nullity of the order and that the Administrative Court raised a question of Unconstitutionality against the Court Fee law.
The legal sectorA?s rejection of the new Court fee law has been resounding. Most lawyers believe that Ministry of Justice should have sought an agreement with all parties before urgently approving this law.
In the opinion of a high percentage of professionals in the world of law, the obligation to pay the fees will result in many people giving up their rights for economic reasons, giving rise to a dual justice: on the one hand for the rich and disadvantaged, and on the other hand for the rest of Society.
Other Sector is also of the opinion that the imposition of Court Fees will not dissuade those who misuse the courts for dilatory purposes. Such conduct would be avoided by establishing rates that exclusively penalize those practices.
Most of the sector believes that justice should be financed exclusively though the General State Budget and not through the imposition of court fees to be paid by the citizens.
The Ministry of Justice has improvised, without listening to the different parties, and without duly considering the possible consequences of alternatives to them, with the risk of violating effective judicial protection through this law.