When talking about the justice system, the doctrine usually distinguishes between two areas: the judiciary, which refers to the exercise of jurisdictional powers by judges and magistrates, and the General Council of the Judiciary as the governing body; and the administration of justice administration, which involves the governance of the system, including infrastructure management, information technologies, and non-judicial personnel, which falls under the responsibility of the Executive. While the first area is often discussed in public conversations, the second has not received much attention in partisan politics or the media. A simple exploration of the system reveals significant structural problems: lack of judicial personnel and high turnover, court congestion, scarcity of victim support offices, and difficulties in digitalization, among others. Despite significant budget allocations, with a total of about 4.2 billion euros annually from the Ministry and autonomous communities, the investment does not seem to yield the expected results.
Although increased budgetary allocation is necessary, especially in a transition context with historical challenges to address, improving the functioning of the judicial system will not be achieved solely through budgetary increments. The current 19th-century model of the justice system, consolidated in the 20th century, must adapt to the needs and issues of the 21st century. Embracing the challenge of innovation and transformation to achieve greater efficiency, effectiveness, and quality should be imperative for public administrations and legal practitioners. There are no more excuses for maintaining the status quo. The proper functioning of an essential service for the maintenance of the rule of law is at stake.
First, organizational reforms are needed to replace the outdated model of single-person courts with a more specialized, collaboration-focused, and support-oriented approach to judicial work. This includes closer proximity in initial assistance and simpler procedures. Second, digitalization is essential and must evolve beyond electronic files and online communications to transform the way legal professionals work and interact with the community. Third, returning conflict resolution to the parties involved requires a broad spectrum of strategies, from promoting community action to mediation and other alternative dispute resolution methods, such as restorative justice in criminal cases. This cultural shift will redefine justice beyond the judicial system.
In a context of increasing complexity and specialization, the inclusion of psychosocial, criminological, and forensic teams to support victims and advise legal practitioners is crucial. Some of these professionals may need to collaborate with other sectors and institutional levels. Finally, rethinking judicial demarcation and facility structure, which are based on centuries-old territorial boundaries, is necessary. Exploring potential changes in jurisdictional boundaries could increase the percentage of the population served by specialized courts dealing with domestic violence, signaling a need for a deep territorial reorganization of the system.
A well-functioning justice system is essential for a cohesive, secure, and productive society. To move in this direction, bold and ambitious reforms and transformations are indispensable. Embracing change requires addressing the root of the problem with courage and radical thinking. In times of epochal change, conservative tendencies may arise, emphasizing the pessimistic view that any change will worsen the current situation. However, change can also bring about improvements and progress if systems adapt to the times. This optimistic perspective should guide laws and public policies in the upcoming justice administration, necessitating broad involvement from institutions, political actors, and legal practitioners. Gemma Ubasart González, a professor of Political Science at the University of Girona and former Minister of Justice, Rights, and Memory of the Government of Catalonia, advocates for such transformative approaches to the justice system.
