Reflexiones críticas sobre si el procedimiento testigo contribuirá a aligerar el funcionamiento de los tribunales laborales

Abstract

from ideal, with excessive and unjustified delays, risking to end up the fundamental right to effective judicial protection, as the highest interpreter of the Constitution has had to declare. Faced with such situation, and together with other possible solutions (notably the greater provision of material and human resources) the legislator has chosen to carry out a reform of a certain magnitude of the ritual regulations through RDL 6/2023, 19th December, among which the introduction of the witness procedure (procedimiento testigo, in Spanish) and the figure of the extension of effects stands out. This essay will try to answer the question of whether this institute, which had operated with proved success in the Contentious-Administrative order, is going to fulfill the intended task of streamlining the operation of Labour Courts, contributing to the objective (unpostponable and undeclinable) to achieve greater speed in the resolution of disputes attributed to the social order of jurisdiction. The final answer such discourse offers/ provides to this question with, given the particular features of this particular jurisdiction and the specific regulation that the legislator has provided to the figure will not allow the labour law to be overly optimistic.