Below we publish the agreement adopted last Friday 5 June 2020 by the Barcelona Provincial Coordination Secretariat, by virtue of which we are allowed to carry out an electronic seizure in the judicial headquarters of the Ministry of Justice (REAJ) accessing with the digital certificate of Attorney or Lawyer.
* In this way, it will be enough with appending the NIF of the client, as well as a signed declaration of the same authorizing us to carry out said empowerment.
– File no.. TS/SC: 31/2020-T
– Instrument type: Agreement
– Date: 5 June 2020
– Origin: Provincial Coordination Secretariat of Barcelona
– Validity: From the day 5 June 2020
– Matter: REAJ: apud acta designations
– PROVINCIAL COORDINATOR SECRETARY AGREEMENT:
RAMON ARBÓS LLOBET.
The declaration of the alarm state, the situation generated by the COVID-19 pandemic and compliance with the protection and organization measures agreed by the Ministry of Health and the Ministry of Justice, they demand that decisions be taken that minimize the influx of professionals and citizens to judicial venues, allowing, at the same time, proceed with the procedural steps. In general, a regime of access to judicial offices has been established through an appointment mechanism.
On date 4 June 2020, suspension of judicial proceedings is lifted and the suspension of procedural deadlines, as arranged by the RD 537/2020, of 22 of May. One of the procedural actions that were affected by that suspension, agreed by the RD 463/2020, of 14 of March, was the granting of powers apud act of procedural representation. Thus, in order to harmonize the situation described with the need to activate and facilitate the performance of such actions, the present is dictated agreement:
The interest of the collaborating professionals of the Administration of Justice is provided as appropriate. (lawyers, solicitors and social graduates) promoting use, by the citizens they represent or attend, of the Register of Judicial Powers of Attorney (REAJ) of the Ministry of Justice, in order to reduce the need to appear at the judicial headquarters, given that to do it, it is necessary to activate a previous appointment, facilitating, in this way, the execution of that activity.
According to a consultation made to the General Sub-Directorate for Development and Implementation of Digital Services of the Ministry of Justice, in charge of the electronic file of powers of attorney apud acta (REAJ), the empowerment apud act granted in the electronic judicial headquarters of the Ministry of Justice will be considered correct, accessing with the electronic certificate of the empowered professional or with the electronic certificate of a third party (you understand customer) provided that the latter acts on behalf of the principal. To do this, you must check the option "as appearing / representative" and attach the document accrediting the representation you hold.
To this request for empowerment apud acta, at the Electronic Judicial Branch of the Ministry of Justice, accessing with the electronic certificate of the empowered professional, A copy of the client's NIF or procedural part will be attached (powerful), as well as a responsible statement (on which date is expressly contained, place and the powers conferred on the professional) issued and initialed by the principal authorizing it to materialize the request for empowerment and the recognition of the powers it comprises.
The empowerment thus practiced must be validated, by accessing REAJ, by the lawyer of the Administration of Justice of the competent office for the processing of the judicial procedure in which the power had been granted and with the expressly recognized powers of procedural representation.
As a last resort, the lawyer of the Administration of Justice, in case of doubt or any other incident, you can always request the personal ratification of the principal before the judicial office.
This agreement is framed within the scope of collaborative relations between the offices of the Administration of Justice and the professionals and citizens who carry out actions in them., without, in no case, It can be understood that the use of the described mechanism supposes an obligation on the part of the latter, given that establishing it is outside the scope of the subscriber, nor a relief of the obligations incumbent on the judicial officials of all the affected bodies.
This agreement comes into effect on the day of its date.
Notify this agreement to all the lawyers of the Administration of Justice of the province of Barcelona, indicating that an appeal may be lodged with the TSJC government secretary within one month. Contact the TSJC government secretary. Get acquainted with the bar associations, of solicitors and social graduates of the province of Barcelona.
I agree and sign.
Provincial Coordination Secretariat of Barcelona. (05/06/20).