The right to life

 The 5th Preambulo of Law 42/2015, of 5 October, reform of the Law on Civil Procedure came to reform the monitoring procedure, which as we know is a special process under which a person comes in claims of some amounts of money owed by another and reflected in a document with a good legal appearance of the debt, with the particularity that the debt must be overdue, must be determined or liquid and enforceable.

On a first tour of the legislative changes of this procedure since the beginning of the new Law on Civil Procedure in 2000, we will say that in the original version of the monitoring procedure a first lock was to limit the amount of the amounts to be claimed in that procedure. The legislature understood that without this pitfall, the monitoring procedure would be used with abuse by the justifiable, to the detriment of declaratory processes and could congest the sisOn a first tour of the legislative changes of this procedure since the beginning of the new Law on Civil Procedure in 2000, we will say that in the original version of the monitoring procedure a first lock was to limit the amount of the amounts to be claimed in that procedure. The legislature understood that without this pitfall, the monitoring procedure would be used with abuse by the justifiable, to the detriment of declaratory processes and cOn a first tour of the legislative changes of this procedure since the beginning of the new Law on Civil Procedure in 2000, we will say that in the original version of the monitoring procedure a first lock was to limit the amount of the amounts to be claimed in that procedure. The legislature understood that without this pitfall, the monitoring procedure would be used with abuse by the justifiable, to the detriment of declaratory processes and could congest the sisould congest the sisjudicial system. In this way and at that time, the monitoring procedure could only be used in claiming debts that were less than 5,000,000 ptas, that is, 30,000 euros.

Subsequently, by Law 13/2009, 3 November, reform of the procedural legislation for the implementation of the new Judicial Office, amended that provision and raised the amount prohibited from that procedure to EUR 250,000, thus giving more coverage to potential creditors and avoiding going to the contradictory declaratory procedure, with the consequent discharge of work from the Courts, while being able to obtain in a quick and effective way, in case of non-payment of the debtor required and its non-opposition, of an enforceable court title of the debt.

However, Law 37/2011 of 10 October on procedural streamlining measures again gives a new twist to the quantitative limit for accessing the monitoring procedure, equating it to the European monitoring process, and allowing access to it whatever the amount.