24. JUSTICE FOR ECONOMIC TRANSFORMATION
null 24. JUSTICE FOR ECONOMIC TRANSFORMATION
24. JUSTICE FOR ECONOMIC TRANSFORMATION
The contribution of justice to economic transformation is promoted through three sub-projects.
Judicial efficiency for entrepreneurial activities. The Public Justice Service as a whole must serve the economic recovery process quickly. The aim is to make existing instruments more efficient and fast and to generate a positive structural context that enhances resilience.
Tools for increasing efficiency will be promoted: data-oriented insolvency administration, statistical exploitation of insolvency information and the creation of instruments for the transfer of productive units of companies in insolvency proceedings. A company which became insolvent or pre-insolvent may be viable, especially if its production units are considered in isolation. Selling these units is a much more efficient alternative to liquidating the assets, as it preserves jobs and maximizes the return to creditors. For this process to be viable, it is necessary, on the one hand, to streamline and maximize the dissemination of information on the state of the company and offer acquisition. On the other hand, to rely on the institutional collaboration of the state and regional departments dedicated to attracting and channeling investment.
One of the tools is the dynamic allocation of resources to meet the changing burdens of the various courts in times of economic crisis.
Another tool will be the increase of legal security with instruments such as the creation in the Ministry of Justice of a single digital registry of beneficial ownership of goods and rights, connected to the EU registries that facilitate the prevention of money laundering and of tax fraud and that allows for the identification of the true owners for judicial enforcement. A digital platform for notary and registry services and another platform for judicial execution.
Insolvency law for second chances
The economic crisis resulting from the pandemic creates an urgency to transpose the insolvency directive to a law that adds the business cases to the personal cases -RD 1/2015-. Many companies and freelancers are being forced to restructure their businesses due to their context. In this situation it is necessary to create a regulatory context that facilitates the restructuring and, where appropriate, the closure of the companies concerned.
This framework is established through:
- An Act within the framework of Directive (EU) 2019/1023 of the European Parliament of 20 June 2019 on preventive restructuring frameworks, debt waivers and disqualifications, and on measures to increase the efficiency of restructuring, insolvency and debt waiver proceedings.
- Enabling Dispute Resolution systems to make it easier for companies to reach agreements, restructurings and write-offs without going to court.
- Including free justice as a possibility for some companies and self-employed workers whose insolvency requires it.
Efficient deposit and consignment management
Judicial deposits and consignments are an essential element in the functioning of the Administration of Justice. The volume of funds under management makes it essential to manage them correctly and efficiently.
The current system for Deposit accounts Managements and Judicial Consignations by means of public tender began in 1989, and has been the object of different adjudications and evolutions, fundamentally those relating to the computer application that supports said management.
The financial sector, mainly due to the digitalization of its services, has undergone an extraordinary evolution over the last 30 years. The number of offices opened, which was an essential element when awarding the contract for the provision of services, has declined significantly.
The system is still based on the management of receipts and payments through bank branches or, at most, bank transfers. The time has come to consider moving towards a completely digital model for those services associated with the management of the Judicial Deposit and Consignment Accounts, - in line with the modernization and digitalization of the Administration and of Society itself - such as the model already available at other large organizations such as the Tax Agency or the General Treasury of the Social Security.
On the other hand, and within the framework of data-oriented justice, it is also necessary to plan the dissociation of the computer application for the management of the accounts from the systems of the bank awarded the contract. Once the application has been decoupled, its integration into the procedural management systems of the judicial offices will provide greater efficiency in their management, which, in turn, shall be fully aligned with the complete digital processing of the electronic judicial file, opening up the possibility of analytical exploitation of the data derived from those economic transactions affected by judicial proceedings.