Letter to the Members of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), European Parliament.
“I am writing to you concerning the breach of the rule of law in Spain because of the ‘exclusive reserve’ (monopoly) of the Procurador, a legal profession charged with representing the citizens before the courts and conduct communications with them, prohibiting these functions to the Attorney.
Spain is the unique Member State of the EU where this ‘feudal’ situation exists (1). The added cost of the Procurador prevents European citizens access to the judicial system (2), subverting the effective legal protection in all the fields covered by the Union law, under Art. 19(2) TEU and Art. 47 CFREU. An estimated increase in litigation cost of EUR 100,000,000,000 (one hundred thousand million) from 2012 to date.
As Treaties guardian, the European Commission verifying that the Kingdom of Spain failed to transpose the Directive on Services in this matter, finally opened infringement procedure, INFR(2015)4062. Once the reasoned opinion was ignored, the issue may be referred to the EU Court of Justice. However, the DG GROW, E1 Unit, after an opaque tour of nine years (3), unexpectedly, like stationary bicycle, it goes down in the same place that went up, and it announces the intention to propose the closure of the proceeding, leaving without enforcement the Directive on Services and at present also the Directive on Proportionality of new regulation of professions.
The compulsory intervention of the Procurador blocks the access to justice in many cases. That’s why becomes the most serious EU law infringement between the 104 pending proceedings against Spain (4).
In keeping with the Abraham Lincoln’s famous adage, ‘law without enforcement is just good advice’, the President’s Mission letter entrust to the Commissioner Reynders (5) ‘to focus on the application and enforcement of EU law within [Justice] field’, because ‘the European Union is a community of law, based on the protection of individual rights and freedoms’, where ‘the rule of law is a prerequisite for the other fundamental values of rights and democracy, and it is crucial to ensuring the smooth functioning of our single market’.
Therefore, I am urging your support in the ‘Procuradores affair’ to avoid this breach of the rule of law and the violation of the European legal framework, protect the single market and the trust in the Union institutions, in particular,
– Demanding to the European Commission to bring the case before the EU Court of Justice.
– Asking for an independent enquiry about if the infringement proceeding has been handled impartial, fair and timely.
[…]
1. Italy put an end to the “Procuratori legali”, attributing his fonction of representation to the Attorney, Legge 24 febbraio 1997, n. 27. Soppressione dell’albo dei procuratori legali e norme in materia di esercizio della professione forense, and according to the Directive on Services, France eliminated the “Avoué”, that still subsisted in the appeal courts, by Loi n.º 2011-94, de 25 janvier 2011 (into force from 1 January 2012).
2. For instance, many of the more that two million Spanish consumers damaged by foreclosure of mortgage loans, despite the unfair terms against the UE law, could not access to justice system due to the Procurador barrier.
3. Throughout this period, as complainant in the proceeding, I have seen rejected three requests for access to information.
4. Infringements Register, https://bit.ly/32e30PL
Recipients: Pietro BARTOLO, Vice-Chair; Emil RADEV, Vice-Chair; Lena DÜPONT, EPP Vice-Coordinator; Cornelia ERNST, The Left Coordinator; Cornelia ERNST, The Left Coordinator; Sophia IN ‘T VELD, Renew Coordinator; Patryk JAKI, Greens/EFA Co-Coordinator; Jeroen LENAERS, EPP Coordinator; Jeroen LENAERS, EPP Coordinator; Nicola PROCACCINI, ECR Coordinator; Terry REINTKE, Greens/EFA Co-Coordinator; Birgit Sippel, S&D Coordinator; Tineke STRIK, Greens/EFA Co-Coordinator; Annalisa TARDINO, ID Coordinator; Dragoş TUDORACHE, Renew Deputy Coordinator; Magdalena ADAMOWICZ, Konstantinos ARVANITIS, Malik AZMANI, Katarina BARLEY, Nicolas BAY, Vladimir BILČÍK, Vasile BLAGA, Ioan-Rareş BOGDAN, Patrick BREYER, Saskia BRICMONT, Joachim Stanisław BRUDZIŃSKI, Damien CARÊME, Caterina CHINNICI, Clare DALY, Anna Júlia DONÁTH; Laura FERRARA, Nicolaus FEST, Jean-Paul GARRAUD, Marcel de GRAAFF, Maria GRAPINI, Sylvie GUILLAUME, Andrzej HALICKI, Evin INCIR, Marina KALJURAND, Assita KANKO, Fabienne KELLER, Peter KOFOD, Łukasz KOHUT, Moritz KÖRNER, Alice KUHNKE, Lukas MANDL, Nuno MELO, Roberta METSOLA, Nadine MORANO, Paulo RANGEL, Ralf SEEKATZ, Michal ŠIMEČKA, Sara SKYTTEDAL, Martin SONNEBORN, Ramona STRUGARIU, Tomas TOBÉ, Milan UHRÍK, Tom VANDENDRIESSCHE, Bettina VOLLATH, Elissavet Vozemberg-Vrionidi, Jadwiga Wiśniewska, Elena YONCHEVA.
PODER JUDICIAL - Magí Ribas Alegret 