Social procedure reform: from bureaucratic modernization to owerflow jurisdiction?

Abstract

At the last moment of the Legislature, the Spanish Parliament approved the Law 36/2011, of 10 October, regulating the social law to formally enter into force on December 11, 2011. This is a great shaft law, the scope is not really until a few years, as has been the subject of application by the courts, it contains far-reaching developments that will require proof of acceptance or otherwise of its main recipients: the judges of the social order. However, the enormous extent of the jurisdiction of this order, as well as the multiplication of situations where you have to intervene, raises questions about the actual capacity of this act may be effective without an increase in the number of judges and justices of the social as well as staff working for them.

In any case, our purpose here is more legal-positive, as more pragmatic, but no less relevant. It aims to offer a general reading of the law regulating the Social Jurisdiction, in order to know in some detail the main novelties of the same, in all areas or aspects, taking into account new procedural solutions offered and also the applied problems that may arise, sighting, where possible solutions. However, the extremely dense of the law technique and extent of the news contained in it would require a case study to account for all of them, dangerous in this case the possibility of a relatively simple and, if possible, brief, designed to show how thorough and accessible the most important innovations of the new social procedural rule. We have therefore chosen to present an overall picture of the new and very extensive jurisdictional powers of the social and the social process, stopping after the analysis process on the major issues that are most novelty and relevance. Thus, it is feasible to understand the meaning and scope of the law, subject to further analysis to be worthy.