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Spain’s Courts, Already Strained, Face Crisis as Lockdown Lifts Spain’s Courts, Already Strained, Face Crisis as Lockdown Lifts
(7 days later)
MADRID — A flood of new court cases, some with little precedent, is expected to deluge a Spanish judicial system already gasping for breath, bogged down by delays and lagging in technology.MADRID — A flood of new court cases, some with little precedent, is expected to deluge a Spanish judicial system already gasping for breath, bogged down by delays and lagging in technology.
In a country known for its litigiousness, lawyers and judges are bracing for a period of turmoil and disorder in the wake of the coronavirus pandemic.In a country known for its litigiousness, lawyers and judges are bracing for a period of turmoil and disorder in the wake of the coronavirus pandemic.
One judge expects as many as 150,000 people to file for bankruptcy, up from a few thousand last year. Lawyers representing Spaniards who lost loved ones to the virus have already filed a lawsuit against the government, arguing that it is guilty of negligent homicide.One judge expects as many as 150,000 people to file for bankruptcy, up from a few thousand last year. Lawyers representing Spaniards who lost loved ones to the virus have already filed a lawsuit against the government, arguing that it is guilty of negligent homicide.
The country gingerly restarted court proceedings this month after suffering one of the worst outbreaks in Europe. Now experts worry that previous attempts to overhaul Spain’s already struggling justice system will be set back even further by the pandemic and an onslaught of new virus-related cases.The country gingerly restarted court proceedings this month after suffering one of the worst outbreaks in Europe. Now experts worry that previous attempts to overhaul Spain’s already struggling justice system will be set back even further by the pandemic and an onslaught of new virus-related cases.
“The pandemic will expose the state of abandonment in which politicians have left the justice system,” said Javier Cremades, the chairman of the law firm Cremades & Calvo-Sotelo and president of the World Jurist Association.“The pandemic will expose the state of abandonment in which politicians have left the justice system,” said Javier Cremades, the chairman of the law firm Cremades & Calvo-Sotelo and president of the World Jurist Association.
Litigants have complained for years about cases’ dragging out in Spanish courts. A report by the European Commission from last year showed that Spain had one of the most drawn-out processes among member states, with civil cases taking more than 200 days on average to reach initial resolutions.Litigants have complained for years about cases’ dragging out in Spanish courts. A report by the European Commission from last year showed that Spain had one of the most drawn-out processes among member states, with civil cases taking more than 200 days on average to reach initial resolutions.
Proposals to overhaul the system have been repeatedly shelved in recent years as Spain has grappled with four national elections since 2015 and long periods of government limbo.Proposals to overhaul the system have been repeatedly shelved in recent years as Spain has grappled with four national elections since 2015 and long periods of government limbo.
Parliament, eyeing the backlog and the potential barrage of new cases, was stirred to act this month, approving the government’s plan to shift most court proceedings to videoconference, extend court hours and use trainees to bolster staffing. Certain cases — people fighting insolvency or embroiled in child custody disputes, for instance — are to be prioritized.Parliament, eyeing the backlog and the potential barrage of new cases, was stirred to act this month, approving the government’s plan to shift most court proceedings to videoconference, extend court hours and use trainees to bolster staffing. Certain cases — people fighting insolvency or embroiled in child custody disputes, for instance — are to be prioritized.
All court proceedings were suspended in mid-March when Spain declared a state of emergency. They have slowly restarted this month, but lawyers are skeptical that enough has been done.All court proceedings were suspended in mid-March when Spain declared a state of emergency. They have slowly restarted this month, but lawyers are skeptical that enough has been done.
“If you ask me how I see the legal landscape, it will be chaotic,” said Rosalia Sicilia, a labor lawyer.“If you ask me how I see the legal landscape, it will be chaotic,” said Rosalia Sicilia, a labor lawyer.
Spaniards are known for taking their disagreements to court, spurred in part by a 2008 Supreme Court ruling that allowed lawyers to collect contingency fees.Spaniards are known for taking their disagreements to court, spurred in part by a 2008 Supreme Court ruling that allowed lawyers to collect contingency fees.
In proportion to population, the country had twice as many civil court cases as Germany and Britain, and significantly more than France and Italy, according to a 2016 study by Juan S. Mora‑Sanguinetti, a senior economist at the Bank of Spain.In proportion to population, the country had twice as many civil court cases as Germany and Britain, and significantly more than France and Italy, according to a 2016 study by Juan S. Mora‑Sanguinetti, a senior economist at the Bank of Spain.
Criminal cases have also lagged in Spain, at times exceeding legal limits and allowing defendants to go free. Criminal cases are not expected to rise after the pandemic — they may even ebb as Spaniards ease out of the lockdown — but if courtrooms are flooded with civil cases it will affect the criminal justice system as well.Criminal cases have also lagged in Spain, at times exceeding legal limits and allowing defendants to go free. Criminal cases are not expected to rise after the pandemic — they may even ebb as Spaniards ease out of the lockdown — but if courtrooms are flooded with civil cases it will affect the criminal justice system as well.
The pandemic has disrupted court operations everywhere, but some countries, like Britain, have kept up a significant level of activity online. In the United States, the Supreme Court is hearing arguments by telephone over six days this month, for the first time allowing live remote access to audio of the arguments.The pandemic has disrupted court operations everywhere, but some countries, like Britain, have kept up a significant level of activity online. In the United States, the Supreme Court is hearing arguments by telephone over six days this month, for the first time allowing live remote access to audio of the arguments.
Spain is just now testing those waters.Spain is just now testing those waters.
On May 11, a judge in the northern city of Santander heard Spain’s first post-lockdown case via videoconference, a building code dispute during which 30 people followed the proceedings by Skype. Until now, only a few exceptional cases had been conducted electronically.On May 11, a judge in the northern city of Santander heard Spain’s first post-lockdown case via videoconference, a building code dispute during which 30 people followed the proceedings by Skype. Until now, only a few exceptional cases had been conducted electronically.
Improving technology and communication is crucial to dealing with the judicial crisis, said Cristina Jiménez Savurido, a judge who has taken leave to run Fide, a legal and economic think tank. She noted, for instance, that regional courts operate on incompatible computer systems.Improving technology and communication is crucial to dealing with the judicial crisis, said Cristina Jiménez Savurido, a judge who has taken leave to run Fide, a legal and economic think tank. She noted, for instance, that regional courts operate on incompatible computer systems.
“The computers in Catalonia simply cannot communicate with those in Madrid or the Canary Islands,” Ms. Jiménez Savurido said.“The computers in Catalonia simply cannot communicate with those in Madrid or the Canary Islands,” Ms. Jiménez Savurido said.
The courts have faced bureaucratic confusion as well. Judges are named by a central judicial council in Madrid, whose members are vetted by Parliament, but regional governments appoint and pay other courtroom staff. Pay disparities have been a sore point: Court-appointed lawyers protested their wages outside Parliament in February.The courts have faced bureaucratic confusion as well. Judges are named by a central judicial council in Madrid, whose members are vetted by Parliament, but regional governments appoint and pay other courtroom staff. Pay disparities have been a sore point: Court-appointed lawyers protested their wages outside Parliament in February.
The split management will make Parliament’s overhaul difficult to put into action, said Santiago Lago Peñas, a professor of economics at the University of Vigo. “It is hard to implement a reform in a fragmented system where everybody has been defending his own space,” he said.The split management will make Parliament’s overhaul difficult to put into action, said Santiago Lago Peñas, a professor of economics at the University of Vigo. “It is hard to implement a reform in a fragmented system where everybody has been defending his own space,” he said.
The pandemic will also transform the legal landscape, experts say, with more cases expected and many judged against an evolving set of laws and economic conditions. Ms. Jiménez Savurido said she expected bankruptcy filings to rise exponentially, up from 5,000 last year to as many as 150,000.The pandemic will also transform the legal landscape, experts say, with more cases expected and many judged against an evolving set of laws and economic conditions. Ms. Jiménez Savurido said she expected bankruptcy filings to rise exponentially, up from 5,000 last year to as many as 150,000.
Updated June 16, 2020 Updated June 22, 2020
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
And some of the new cases will raise untested arguments. This month, lawyers representing more than 3,000 relatives of people who died during the pandemic filed a lawsuit against the government of Prime Minister Pedro Sánchez, arguing reckless negligence.And some of the new cases will raise untested arguments. This month, lawyers representing more than 3,000 relatives of people who died during the pandemic filed a lawsuit against the government of Prime Minister Pedro Sánchez, arguing reckless negligence.
The lockdown will also change the terms of thousands of labor and business cases, experts say.The lockdown will also change the terms of thousands of labor and business cases, experts say.
In February, Martín Godino Reyes was representing a bank in a dispute over its plan to terminate 550 employees. Now, as the case is re-emerging, the bank faces the likelihood of needing deeper staff cuts at a time when employees are in greater distress and have the backing of new legislation intended to avoid layoffs.In February, Martín Godino Reyes was representing a bank in a dispute over its plan to terminate 550 employees. Now, as the case is re-emerging, the bank faces the likelihood of needing deeper staff cuts at a time when employees are in greater distress and have the backing of new legislation intended to avoid layoffs.
“We will likely face very different parameters for both parties in this dispute, which means an already difficult situation could become a lot more complicated,” said Mr. Godino Reyes, a managing partner at Sagardoy, a Madrid law firm.“We will likely face very different parameters for both parties in this dispute, which means an already difficult situation could become a lot more complicated,” said Mr. Godino Reyes, a managing partner at Sagardoy, a Madrid law firm.
The delays that have dragged down the courts in better times are not likely to improve, experts say. The legal trainees enlisted to help the courts, who have passed their bar exams but have no experience, are not enough, they say. And with a ratio of 12 judges per 100,000 residents, Spain has just over half the European average.The delays that have dragged down the courts in better times are not likely to improve, experts say. The legal trainees enlisted to help the courts, who have passed their bar exams but have no experience, are not enough, they say. And with a ratio of 12 judges per 100,000 residents, Spain has just over half the European average.
“We need more judges, but fully qualified ones and not the trainees who the government is now suggesting could help draw up sentences,” said José María Alonso, the dean of the Madrid bar association.“We need more judges, but fully qualified ones and not the trainees who the government is now suggesting could help draw up sentences,” said José María Alonso, the dean of the Madrid bar association.
Spaniards might need to turn away from the courts to settle at least some of their disputes, Ms. Jiménez Savurido said.Spaniards might need to turn away from the courts to settle at least some of their disputes, Ms. Jiménez Savurido said.
“Our system was already very stretched because, unlike in some other countries, people in Spain seem to believe it is always best to let a judge rule rather than try to negotiate a solution in good faith,” she said.“Our system was already very stretched because, unlike in some other countries, people in Spain seem to believe it is always best to let a judge rule rather than try to negotiate a solution in good faith,” she said.
“If everybody just rushes to court as soon as the state of emergency ends,” she added, “this could be disastrous.”“If everybody just rushes to court as soon as the state of emergency ends,” she added, “this could be disastrous.”