Introduction

First Stage: Constitutional Reforms

Second Stage: Increasing the Efficiency of Justice

Third stage: Overall Planning
a) The Administration of Justice Must be Perceived as a Public Service
b) Judicial Reforms Must be Implemented in an Integrated Plan
c) Judicial Reforms Must Be Based on Consensus

Introduction:
My presentation refers to judicial reforms implemented in Spain subsequent to the ratification of the Constitution of 1978, and especially between the years 1996 and 2001 in which I have been able to participate as Vice-President of the General Council of the Judiciary. My objective is to outline the various stages of judicial reform, the reasons and purposes for implementing these reforms and, above all, the lessons which may be derived from these experiences.

First Stage: Constitutional Reforms
In a first stage, the ratification of the Constitution of 1978 resulted in a need to reform the administration of justice in Spain to adapt it to the provisions of the Constitution under a regime of separation of powers, and above all to guarantee the principles of due process and judicial independence. This reform was implemented during the 1980s mainly through the enactment of the extensive Organic Law on Judicial Power (1985), which replaced the former Provisional Law of 1870. The new law changed the territorial organization of the administration of justice, created new courts and introduced a new legal statute of judges, which ensured their independence. Simultaneously, procedural laws were reformed to guarantee due process to the parties, especially in criminal and administrative proceedings. The purpose of these reforms was essentially political, and sought to establish the foundations of the rule of law with respect to the relationship of citizens with the courts, and of the courts with the other powers of state.