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Order Jus/1126/2015, 10 June, Which Creates The Electronic Judicial Office Corresponding To The Territorial Scope Of The Ministry Of Justice.

Original Language Title: Orden JUS/1126/2015, de 10 de junio, por la que se crea la sede judicial electrónica correspondiente al ámbito territorial del Ministerio de Justicia.

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TEXT

Law 18/2011 of 5 July, regulating the use of information and communication technologies in the Administration of Justice, specifically dedicates its Title III to define and regulate the so-called "Electronic Judicial Headquarters". in accordance with Article 9, it is defined as "that electronic address available to citizens through telecommunications networks whose ownership, management and administration is for each of the competent authorities". in the field of justice. "

With the implementation of the Electronic Judicial Headquarters, it is intended to centralize the procedures and services provided by each of the judicial offices within the scope of the Ministry of Justice, in order to facilitate access to the same, as well as creating a space in which the Administration of Justice, the citizen and the professionals relate in the framework of the judicial activity with the necessary procedural guarantees.

Article 9 of the aforementioned normative text states that "the competent authorities in the field of justice shall determine the conditions and instruments for the creation of electronic judicial offices", which in any case may be create by means of a provision published in the "Official State Gazette" or the "Official Gazette of the Autonomous Community".

This Ministerial Order has been favourably informed by the General Council of the Judiciary, the State Technical Committee of the Administration of Justice and the Spanish Data Protection Agency.

Consequently, I have:

Article 1. Object.

This Order aims at the creation of the Electronic Judicial Headquarters, in order to comply with the provisions of Law 18/2011 of 5 July, regulating the use of information and communication technologies. in the Administration of Justice.

Through the Electronic Judicial Headquarters, all actions, procedures and services that require the authentication of the Administration of Justice or of citizens and professionals in their relations with is by electronic means, as well as those other actions in respect of which its inclusion in the seat is decided.

Article 2. Scope.

Its scope extends to the Judicial Offices that are under the jurisdiction of the Ministry of Justice.

Article 3. General Access Point of the Administration of Justice.

1. In the Electronic Judicial Headquarters there will be an access through the so-called General Access Point of the Administration of Justice, through which all the venues and electronic judicial facilities created within the territory will be accessible. national, regardless of the possibility of direct access to them.

2. The General Access Point of the Administration of Justice shall contain the directory of the electronic judicial offices which, in this field, facilitate the access to the services, procedures and accessible information corresponding to the Administration of Justice, to the General Council of the Judiciary, to the Office of the Prosecutor General of the State, and to the public bodies linked to or dependent on it, as well as to the administrations with jurisdiction in matters of Justice. It may also provide access to services or information corresponding to other public administrations or corporations representing the interests of the legal professionals, by means of the corresponding Conventions.

3. The General Access Point of the Administration of Justice shall be created and managed by the Ministry of Justice in accordance with the agreements to be adopted in the State Technical Committee of the Electronic Judicial Administration, in order to ensure the complete and exact incorporation of the information and accesses published in this.

Article 4. Electronic address of the Headquarters.

The electronic reference address of the Electronic Judicial Headquarters will be https://sedejudicial.justicia.es.

Article 5. Title and Management of the Headquarters.

a) The ownership of the Electronic Judicial Headquarters shall be the responsibility of the General Administration of the State.

(b) The technological management of the seat shall be the responsibility of the General Secretariat of the Administration of Justice.

c) The administrative bodies appointed for this purpose by the Ministry of Justice shall be responsible for the management and the services provided to citizens and professionals at the electronic judicial headquarters. The responsibility for the content shall be the responsibility of the body responsible for such information.

Article 6. Access channels to the services available at the Headquarters.

For access to the services, actions and procedures available at the Electronic Judicial Headquarters, the following channels will be enabled:

a) For electronic access, over the Internet.

(b) For services offered by telephone, telephone numbers shall be duly published at the site itself.

Article 7. Contents and Services of the Headquarters.

1. The contents that are expected to be incorporated in this Electronic Judicial Headquarters are:

(a) Identification of the seat, as well as of the holding body or bodies and of the persons responsible for the management, of the services made available to it and, where appropriate, of the derivatives of the services derived therefrom.

b) Information necessary for the proper use of the site including the map of the electronic judicial headquarters, with specification of the navigation structure and the different sections available.

c) System of verification of the certificates of the Headquarters, which will be accessible directly and free of charge.

d) Relation of electronic signature systems that are admitted or used in the Electronic Judicial Headquarters.

e) Information related to the protection of personal data, including the links to the electronic headquarters of the Spanish Agency for the Protection of Personal Data and those of the Autonomous Agencies of Data Protection.

f) Rules for creating the Registry or Electronic Records accessible from the site.

2. The services to be incorporated in the Electronic Judicial Headquarters are:

(a) The relationship of the services available at the electronic judicial headquarters.

b) The Charter of Services and the Charter of Electronic Services.

c) The Charter of Citizens ' Rights to Justice.

d) The relationship of electronic means that citizens and professionals can use in each case in the exercise of their right to communicate with the Administration of Justice.

e) A link for the formulation of suggestions and complaints regarding the operation of the Electronic Judicial Headquarters.

f) Access, in the legally established terms, to the processing status of the case.

g) Electronic publication, where applicable, of resolutions and communications to be published in bulletin boards or edicts.

h) Publication of the declarations of conformity, compatibility and other possible interoperability flags, obtained with respect to compliance with the judicial system of interoperability and safety.

i) Verification of the electronic seals of the public bodies or bodies that cover the seat.

j) Checking the authenticity and integrity of documents issued by the public bodies or bodies that cover the premises that have been authenticated by secure verification code.

k) Electronic advice services to the user for proper use of the site.

l) Available to interested parties for standard models or printed forms.

3. As new services are developed, they will be gradually incorporated into the Headquarters.

4. The contents published in the Electronic Judicial Headquarters will respond to the criteria of advertising, responsibility, quality, safety, availability, accessibility, neutrality and interoperability that are derived from Law 18/2011, of July 5, Regulation of the use of information and communication technologies in the Administration of Justice.

5. The Electronic Judicial Headquarters shall ensure the confidentiality, availability and integrity of the information it manages, in accordance with the security criteria derived from Law 18/2011 of 5 July.

In addition, they will apply to personal data that are collected or processed through the Electronic Judicial Headquarters, the security measures established in the current data protection regulations personal character.

6. The Electronic Judicial Headquarters will allow, gradually, access to its contents and services in the co-official languages in the Spanish State.

Article 8. Means for formulating suggestions and complaints.

The means available for the formulation of suggestions and complaints with respect to the management and services provided by the seat, in accordance with the provisions of Article 9.2 of Law 18/2011 of 5 July, shall be the presentation telematics through the service of suggestions and complaints from the Electronic Judicial Headquarters.

Article 9. Derived electronic judicial offices.

The General Secretariat of the Administration of Justice will propose the creation of any derived electronic judicial offices or sub-sites necessary in the field of competence referred to in this order, in accordance with the Article 10 (3), (4), (5) and (6) of Law 18/2011 of 5 July.

The aforementioned creation will be carried out by means of a resolution of the Secretariat of State of Justice and the same will be published in the "Official Gazette of the State".

Single transient arrangement. Commissioning of the Electronic Judicial Headquarters.

The Electronic Judicial Headquarters shall become operational within the maximum period of six months from the date of entry into force of this Order.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to the provisions of this Ministerial Order.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, June 10, 2015. -Minister of Justice Rafael Catala Polo.