2023-08-07 07:01:35
The Government of Catalonia has approved an increase of up to 25 euros in the bonus for each document in Catalan submitted by public defenders. The purpose of this measure is to promote the Catalan language in free legal assistance. The bonus is applied to the main briefs of proceedings such as the lawsuit, the response to the lawsuit or the appeals of certain resolutions. The approval of this measure has caused discomfort in the sector.
The Generalitat increases one 25% discount that applies to certain writings in Catalan of public defenders. This means that the amount to be received through the bonus is an additional 25 euros, euros that a public defender will not receive for the same work in Spanish. The implementation of this linguistic bonus began in 2017 with an amount of 14 euroswhich later went to 20 euros and currently rises to 25 euros.
The Ministry of Justice, Rights and Memory and the Council of the Illustrious Bar Associations of Catalonia (Cicac) promote this measure to promote the Catalan language in free legal assistance. It does not apply to all procedural writings, since if so it would be a “strainer”, but it is applied to the main procedural writings such as demand, response to the demand or appeals of certain resolutions.
This year 2023 we have witnessed 3 strikes in the Administration of Justice. It coincides that the two led by the highest echelons of justice, both the first of the lawyers and the later of judges and prosecutors ended with salary increases. Instead, the strike of justice personnel has failed to reach an agreement and it has been discontinued, but after summer they have announced that it will resume.
Well, in this context of general demand for a salary increase for workers in the justice sector, even the public defenders in the month of April staged a mobilization of a thousand people in front of the Congress of Deputies to demand the dignity of lawyers of the trade shift, as well as an improvement in their working conditions. Essentially, what they claimed was an improvement in their pay.
general malaise
That is why there is a generalized feeling of malaise in the justice sector regarding the remuneration they receive for their work based on the value of this. The fact that in Catalonia the bonus is reinforced, not for effort or dedication, but for developing writings in Catalan, once again creates a controversial issue.
It is important to remember that the legal profession is voluntary in the vast majority of professional associations. On the other hand, in most associations of solicitors, to give an example, it is mandatory for collegiate solicitors to participate in the ex officio shift.
That is why the professional shift in the legal profession is very vocational. This is an option chosen by lawyers as a professional contribution to less affluent individuals and families to enable them to access Justice. The most important thing is that the most needy and vulnerable people receive the advice and assistance service that allows them to access justice. The language in which it is carried out, from the humble opinion of this lawyer, is of irrelevant importance.
Generalitat of Catalonia.
To what has been said, it must be added that as per, the budget allocation is very limited and tight, which is why the remuneration set for public defenders is low and payment is not as punctual as it should be. In addition, the criteria for the assignment of a public defender take into account an economic capacity based on the members of the family union and that cannot provide general coverage, but limited to people who prove income and assets below the established parameters. and updated every year.
In Madrid, the criteria to be able to be a beneficiary of free justice is not to have income above two times the IPREM and up to 5 times the IPREM in exceptional circumstances. To give a specific example, in order to be a beneficiary of free justice in Madrid, the income of a family union of a person must not exceed 35.86 per day, 1,075.80 per month without prorating or 1,255.10 euros prorated to 12 months, in annual terms, not having income above 15,061.20 euros.
Is this bonus adequate?
Therefore, the following question arises: is it appropriate to subsidize the work of public defenders in Catalonia depending on whether they write in one language or another? This does not imply that the work is better or worse, nor that the service or coverage of the citizen is better or worse assisted..
On the other hand, it is also worth considering whether this discount entails discrimination against public defenders in Catalonia who do not want or cannot present their documents in Catalan. However, the work is the same, but the language and the pay are different.
And finally, It also reveals whether the budget could be better used, if, for example, that amount were used to expand greater coverage. It is evident that the same work in a different language does not provide a better or worse service, but perhaps with that money coverage could be extended to more people or improve the general remuneration of public defenders in Catalonia without distinction.
All positions are respectable, but it is true that in this regard there are very different opinions as to what would be the best way to optimize the budget for the benefit of citizens as holders of the fundamental right to effective judicial protection.
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