INTRODUCTION

Though a unique and indissoluble state (Art. 2 Spanish Constitution, SC), Spain is administratively structured into 17 self-governing communities (Comunidades Autónomas) enjoying a wide margin of legislative, administrative and executive power (Arts. 147–148 SC). However, the judicial administration system is unique for the whole country (Arts. 117 and 149(1) No. 5 SC).

Beyond the possibility of appealing to the Constitutional Court in cases of alleged breach of fundamental rights (Art. 53(2) SC), the Spanish judicial system has three instances. For civil and commercial law cases, these instances are the first instance courts (juzgados de primera instancia) or the labour courts (juzgados de lo social), the Provincial Audiences (Audiencias Provinciales) or the Superior Courts of Justice of the Autonomous Communities (Tribunales Superiores de Justicia de las Comunidades Autónomas), and finally the Supreme Court. At the first instance level, there are a number of courts specialising in commercial claims (juzgados de lo mercantil). No other specialisation can be found within the private law jurisdiction, despite the fact that some of the first instance courts are designated as family courts.

The Spanish courts’ work in civil and commercial litigation is implemented by judges and justice attorneys. They are governed, respectively, by the General Council for the Judiciary (Consejo General del Poder Judicial, CGPJ) and by the General Secretary for the Administration of Justice (Ministry of Justice). In order to litigate before Spanish courts, a person must generally be assisted by a representative ad litem and defended by a lawyer.

To facilitate the implementation of Regulations 805/2004 (EEO), 1896/2006 (EOP), 861/2007 (ESCP), and 655/2014 (EAPO), known as the secondgeneration Regulations, the Spanish legislature progressively introduced specific rules in the final provisions of the Civil Procedural Law. These instruments are designed to ease the enforcement of monetary claims. While the first three Regulations focus on obtaining European enforcement orders, the last one refers to the adoption of a provisional measure.

There are no official statistics on the use of these Regulations beyond a partial reference to the EEO and the EOP in the Annual Report on Justice in Spain prepared by the CGPJ (the last published report covers the year 2018) and in the study prepared by the Spanish Network of Judicial Secretaries for International Cooperation for the period 2008–2013.