Publicado: 27-01-2025
Procedural costs refer to the expenses associated with judicial proceedings in Spain across various jurisdictions: criminal, civil, labor, or administrative. Understanding how they function is essential to assess the economic impact of litigation and the responsibilities of the parties involved.
- Procedural costs: These are expenses borne by the State and represent the resources required to ensure the functioning of the judiciary. They include:
These costs are financed through the General State Budget, funded by taxpayers.
- Procedural expenses: These are costs directly borne by citizens participating in judicial proceedings, whether as claimants or defendants. They are intended to cover:
These expenses ensure effective judicial protection by enabling parties to adequately defend their rights.
Procedural expenses are regulated by various laws that determine their calculation, allocation, and application:
The judge, when issuing a ruling, decides on the imposition of expenses. The allocation can be total or partial, depending on the outcome of the litigation and the procedural conduct of the parties. These expenses derive from both the public and private aspects of judicial proceedings.
The taxation of procedural expenses is handled by the Clerk of the Court involved in the case. This professional verifies and approves the expenses included in the costs, applying the established legal limits. Key aspects of this process include:
In criminal proceedings, the ruling or order must address the expenses:
In civil proceedings, expenses are allocated based on the outcome of the litigation:
The judge considers factors such as good procedural faith and the complexity of the case when making a decision.
Legal aid allows individuals with limited financial resources to access the judicial system without assuming certain initial costs. However, this benefit does not exempt them from potentially being ordered to pay procedural expenses. Key points:
This system seeks to balance access to justice with the economic responsibility derived from litigation, ensuring fair treatment for all parties.
Procedural expenses are an essential element of the judicial system, with significant implications for the State and citizens. Understanding their operation enables parties to assess the risks and benefits of initiating or defending litigation. Furthermore, it promotes transparency and efficiency in the judiciary, contributing to the strengthening of the rule of law.
If you wish to receive advice on procedural law, at Gentile Law we have a team of expert procedural law attorneys ready to assist you.
Anunciada Delgado
anunciadadelgado@gentile.law
+34 606 24 90 89
