Legal tip 126. A stop to abusive appeals
Wednesday, August 19, 2009 @ 2:25 PM
Both the Secretary of Justice and the General Council of Judicial Power agree on these measures being needed in Spain in order to decrease the level of litigiousness.
• To enhance the operation of the arbitration. The aim is to download the courts of all matters that are not jurisdictional themselves, enhancing procedures such as arbitration, conciliation or mediation through which certain types of disputes can be solved more efficiently.
There is a project for a new Law of Voluntary Jurisdiction based on the project which was already submitted during the last legislature. The aim of this law is to remove the judge from non judicial duties and to project an easy and quick procedure that will allow the solution of files by judicial clerks, notaries and registrars.
• To rethink the appeals system. In order to modify the existing system and to tackle the abuse of Law that does so much harm to justice. It is necessary to simplify the existing system and to set some measures to restrain those that so unreasonable and repeatedly use the appeals just as a delaying game to the detriment of others.
The measure,proposed by theSecretary of Justice to the Parliament by which a small deposit is compulsory prior to the application for appealing, has been approved by most of the political groups.
The Secretary explained that the revenue from this deposit will be linked to the financing of the justice system and will cover the process of modernizing the administration of justice, in particular the construction of a platform for connectivity of the various systems for management of judicial processes process, something that has been insistently called by Judicial clerks as well as improving the legal aid system.