Ley Orgánica 1/2025: ¿eficiencia real o laberinto procesal? Un análisis crítico desde la perspectiva del derecho de familia y la protección de menores

Abstract

This article critically analyzes Organic Law 1/2025 on the organizational efficiency of the public justice service, with a special focus on its impact on Family Law and the protection of minors. It argues that while the law addresses a legitimate need to modernize and streamline the judicial system, its one-size-fits-all approach creates serious risks in a field that requires specialization and sensitivity. The text examines the three pillars of the reform (organizational, procedural, and derivative efficiency), highlighting issues such as the loss of judicial specialization, the legal uncertainty arising from the coexistence of the verbal proceeding with special family procedures, and the controversial mandatory use of Adequate Dispute Resolution Mechanisms (MASC), which can delay the protection of vulnerable individuals. Furthermore, it assesses the creation of the Courts for Violence against Children and Adolescents (JVIA) and the importance of models like Barnahus, pointing out the challenges to their effective implementation. Finally, the article presents the critical stance of the Spanish Association of Family Lawyers (AEAFA), which has requested the suspension of the law, concluding that a balance between efficiency and the safeguarding of fundamental rights, such as effective judicial protection and the best interests of the child, is imperative.