The legal nature of the rules of distribution. The legal lawyers of the administration of justice and the legal regulation of distribution issues

Abstract

In this paper we will deal with an issue directly related to judicial protection. Determining which court, in particular, will hear a case and not another of the same category and jurisdiction. A matter somewhat neglected by legal operators; it is more important than one might think in the way the conflict is resolved. The distribution procedure is described as governmental by broad sectors of doctrine and jurisprudence. Should this be its legal nature? We, the Lawyers of the Administration of Justice, have minimal competences in this area, which are scarcely regulated in the LOPJ and the Regulation of ancillary aspects of court proceedings. It is considered advisable to increase the role of the Legal Assistants in matters of distribution, and the forthcoming organic reforms may be the appropriate occasion for this objective. This will prevent the contentious jurisdiction from being the only way out of the conflicts that arise in this area, with the sentence of costs always lurking as a dissuasive deterrent.