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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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6644

Law 18/2011, of 5 July, regulating the use of the technologies of information and communication in the administration of Justice, specifically dedicated their title III to define and regulate the so-called "judicial electronic» which is defined in accordance with article 9 as ' that email address available to citizens through telecommunications networks owned» management and administration corresponds to each of the competent administrations of Justice.»

With the implementation of the Judicial headquarters electronics intends 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 them, as well as to create a space in which the administration of Justice, citizens and professionals relate within the framework of the judicial activity the necessary procedural guarantees.

He article 9 of the mentioned text normative establishes that «them administrations competent in matter of Justice will determine them conditions e instruments of creation of them headquarters judicial electronic» that in all case is created through available posted in the «newsletter official of the State» or the «newsletter official of the community autonomous» corresponding.

This Ministerial order has been informed favorably by the General Council of the judiciary of Cuba, the State Technical Committee of the administration of Justice and the Spanish Agency of data protection.

As a result, I have: article 1. Object.

The present order has by object the creation of it headquarters Judicial electronic, to give compliance to it established in the law 18 / 2011, of 5 of July, regulatory of the use of them technologies of the information and the communication in the administration of Justice.

All the actions, procedures and services that require authentication of the administration of Justice or of citizens and professionals in their dealings with it by electronic means, as well as other actions with respect to which decides their inclusion in headquarters may be made through the electronic Judicial Office.

Article 2. Scope of application.

Its field of application is extends to the offices judicial that is hallen under the competition of the Ministry of Justice.

Article 3. Point of General access of the administration of Justice.

1. in the electronic judicial there is access through the so-called point of General access of the administration of Justice, through which you can access all sites and electronic legal sub-host created within the national territory, regardless of the possibility of direct access to them.

2. the point of General access of the administration of Justice will contain the directory of electronic legal offices which, in this area, facilitate access to services, procedures, and accessible information relevant to the administration of Justice, the Council General of the judiciary, the General Prosecutor's Office of the State and public organizations linked or dependent on the same , as well as to the administrations with competences in matters of Justice. You can also provide access to services and information to other Governments or corporations that represent the interests of practitioners of Justice, through the celebration of the corresponding conventions.

3. the point of access General of the administration of Justice will be created and managed by the Ministry of Justice according to them agreements that is adopt in the Committee technical state of it administration Judicial electronic, to ensure the full and exact incorporation of the information and access published in this.

Article 4. Electronic address of the headquarters.

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

Article 5. Ownership and management of the Office.

(a) the ownership of the electronic Judicial Office will correspond to the General Administration of the State.

(b) the management technology of the headquarters will be competition of the Secretariat General of the administration of Justice.

(c) shall be responsible for the management and the services placed at the disposal of citizens and professionals in the electronic judicial administrative bodies designated for that purpose by the Ministry of Justice. Likewise the responsibility of the contents shall be organ arising from such information.

Article 6. Channels of access to the services available at the headquarters.

For access to the services, actions and procedures available in the electronic Judicial Office, will be made available the following channels: to) for electronic access, through the Internet.

(b) for services offered by telephone, telephone numbers will be duly published in own headquarters.

Article 7. Contents and services of the headquarters.

1 the contents that is expected to incorporate into this electronic Judicial Office are: to) headquarters, as well as organ or organs headlines and identification of those responsible for the management of the services made available therein and, where appropriate, of the Sub-venues of she derived.

(b) information necessary for the correct use of headquarters including the map of the electronic judicial office, with specification of the navigation structure and various sections available.

(c) system of verification of the certificates of the headquarters, that will be accessible of form direct and free.

(d) relationship of system of electronic signature to be admitted or used in the electronic Judicial Office.

(e) information related to the protection of personal data, including links to the electronic site of the Spanish Agency of protection of Personal data and those of the autonomous agencies of data protection.

(f) rules of creation of the registry or accessible electronic records from the headquarters.

2 the services expected to be incorporated into the electronic Judicial Office are: to) the relationship of the services available on the electronic judicial office.

(b) the Service Charter and the Charter of eServices.

(c) the Charter of rights of the citizens to justice.

(d) the relationship of the electronic media that citizens and professionals can be used in each case in the exercise of their right to communicate with the administration of Justice.

(e) a link to the formulation of suggestions and complaints concerning the operation of the electronic Judicial Office.

(f) access, in the terms established legally, the State of processing the case.

(g) electronic publishing, where appropriate, decisions and communications to be published in bulletin board announcements or edicts.

(h) publication of the declarations of conformity, compatibility and others possible distinctive of interoperability, obtained concerning the compliance of the scheme judicial of interoperability and security.

(i) verification of electronic seals of bodies or agencies covering headquarters.

(j) checking of the authenticity and integrity of documents issued by bodies or agencies covering the headquarters, which have been authenticated through secure verification code.

(k) Advisory services electronic to the user for the correct use of the seat.

(l) availability of stakeholders of appropriate models or standard forms.

3 as new services are developed, they will gradually incorporate the headquarters.

4. them contained published in the headquarters Judicial electronic will respond to them criteria of advertising, responsibility, quality, security, availability, accessibility, neutrality e interoperability that is derived of it law 18 / 2011, of 5 of July, regulatory of the use of them technologies of the information and the communication in the administration of Justice.

5. the electronic Judicial Office shall ensure the confidentiality, availability and integrity of the information it manages, according to the criteria of security arising from the law 18/2011 of 5 July.

Likewise, they shall apply to the personal data that are collected or processed through the electronic Judicial Office, the security measures established in the current legislation on the protection of personal data.

6. the electronic Judicial Office will gradually enable access to their content and services in the co-official languages in the Spanish State.

Article 8. Means for the formulation of suggestions and complaints.

The means available for the formulation of suggestions and complaints with respect to the management and services provided by Headquarters, in accordance with the provisions of article 9(2) of the Act 18/2011, July 5, will be the telematic presentation through suggestions and complaints from the e-legal Office service.

Article 9. Derived electronic judicial offices.

The General Secretary of the administration of Justice, will propose the creation of many judicial seats electronic derivatives or sub-host are necessary in the area of competence referred to in this order, in accordance with paragraphs 3, 4, 5 and 6 of article 10 of the law 18/2011, July 5.

The aforementioned creation will take place by order of the Secretary of State of Justice and it will be published in the «Official Gazette».

Sole transitional provision. Implementation of the electronic Judicial Office.

The electronic Judicial Office will be operational within a maximum period of six months from the date of entry into force of this order.

Sole repeal provision. Repeal legislation.

Many provisions of equal or lower rank to oppose provisions of this Ministerial order are hereby repealed.

Sole final provision. Entry in force.

This order shall enter into force the day after its publication in the «Official Gazette».

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