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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Lawyers criticize organisation of Justice in Spain
Wednesday, May 27, 2009 @ 10:19 AM

That is what it is showed in a survey that was presented at the General Council of Lawyers last wednesday the 20th of May.

88% of lawyers in Spain believe that judicial administration is in serious crisis and that it’s time for a State Pact to help to regenerate Justice. The survey gathers the opinion of 5243 practicing lawyers throughout Spain .

Mr.Carnicer, president of the General Council of Lawyers in Spain, stressed during the presentation that “ he has finally found the grave crisis in our administration of justice ", and that lawyers “do not discharge the liability in the courts, but in the organization of the Justice," and considered also relevant the fact that a large majority of respondents believe that governments, regardless the sign they are, come to justice "for manipulating it but not to remedy its ills."

Asked about the politicization of the CGPJ ( General Council of Judicial Power) , the president of the National Law Society considered that all the Councils to the present have been heavily politicized, and members have acted along following  partisan criteria. "Their role is to defend judicial independence, and if it is attached to a political party, public resources for the administration of Justice can not be handled independently.  However, he said "I see different signs in this new Council, also worrying about corporate signs, but less in terms of party political signs”

Carnicer noted that in his view, the main problem of the General Council of Judicial Power is "composition" ."The Administration of Justice is something which belongs to citizens and therefore is of general interest, so the CGPJ should be composed of great advisors, regardless their profession," with a " increased number of those professionals who have more daily contact with the Administration of Justice, namely the lawyers. “

For his part, Juan Jose Toharia, director of the company which made the survey, stressed that this is an "unprecedented survey” due to his magnitude and the fact of being made by assessing  jurisdiction to jurisdiction and territory to territory, which has produces a detailed map of the real situation.
He also underlined the part of the study focused on new technologies, and asked to value "the effort that lawyers are doing to modernization, which contrasts with the gap of the Administration of Justice regarding new technologies," and that new technologies are “highly appreciated by lawyers."
 

Free Translation by Maria de Castro of spanish article in Noticias Juridicas

www.costaluzlawyers.es

 

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3 Comments


Sandra said:
Wednesday, May 27, 2009 @ 1:00 PM

Thankyou for that Maria. It appears many good lawyers have (for years) been tearing their hair out in an attempt to get justice for their clients only to be thwarted by an archaic, unregulated and widely ineffective and unfair judicial system.
Let us hope the criticism is quickly taken on board by those with the will and the power to change things, and that years of injustice and misery can come to an end.




Doedoe said:
Wednesday, May 27, 2009 @ 6:21 PM

May I thank Maria De Castro for the advice given reference my request for information reference Monies/Bond held by the Notary, on completion of purchasing an apartment near Alicante. Both The lawyer & Agent we used for the purchase failed to advise us of several areas & I feel there charges were far in excess of the service they supplied. Despite our research into finding the right area & collecting information vital to purchasing property in Spain, we have become victims of the Poor Administration of Justice. Our Lawyer failed to advise us of the Builders debt. 21 owners have been left with several problems, The Road to the entrance of the apartment block is just a muddy puddle & the underground parking is also covered in water. The lift is not in use @ several jobs including the transformer installation have not been completed. We have no Habitation Certificate's and therefor are unable to obtain individual meters fitted to each unit.
We have all paid 900euro to the builder in cash for the Service meters etc to be installed, another injustice allowed to continue by this unfair Spanish judicial system.
My wish: That Good Professional Lawyers in Spain will be able to encourage the Spanish Administration of Justice to clean up the system and prove that Spain is the Great Country.



Maria said:
Thursday, May 28, 2009 @ 7:22 AM

Thanks Doedoe: I can assure there are plenty of good lawyers in Spain working with dedication and passion.

Best regards,

Maria


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