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El blog de Maria

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

Legal tip 1439. Spanish High Magistrates on Reform of the Judicial Model
04 October 2017 @ 11:49

Read this new today on a Law Bulletin and wanted to share it with you: 

The President of the Civil Chamber of the Supreme Court, Francisco Marín Castán is committed to unify criteria in all judicial bodies to give effectiveness to Justice. In an serious attempt to adapt justice to "social reality".

He affirmed this during his speech at the "Legal Security and Economy" roundtable at the Spanish Summit on Trust , organized by the Ministry of Justice and moderated by the Minister of Education, Culture and Sport, Íñigo Méndez de Vigo.

Marín Castán explained that Justice can not continue to function as it has been done "traditionally", in which each judge is "isolated" and each court has its own criteria.

"It requires active behavior, grouping resources by subject," added and gave as an example that of the the judges of the mercantile Court  of Barcelona who have formed, by "own initiative", a court of instance in which all the criteria are unified and , so, he said, they are performing much better.

In this line, taking advantage of the presence of the Minister of Justice, Rafael Catalá, at the Summit,  the Supreme Courty Magistrate requested to adapt the regulations to the present and, specifically, a reform of the civil Cassation Appeal so this Court can work more effectively.

 Marín Castán also  indicated that the majority of the subjects that occupy the civil justice "derive from a defective fulfillment of the law, as reality has changed dramatically from  when  majority of Laws were passed, and therefore, the role of Case Law is crucial.

Fernández-Seijo. Magistrate of Barcelona Mercantile Court  defended "synchronizing judicial times with the times of economic and social reality," although he assured that the necessary legislative reforms, or more "human and economic means" should not be carried out until the judicial model is effective.

Guadalest, Alicante, Eastern Spain


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