Post by account_disabled on Mar 5, 2024 0:15:55 GMT -5
It is a paradigm shift that aims to make the Supreme Court admissions room more efficient and reduce the backlog of pending resources.
On September 8, 2023, the Government Chamber of the Supreme Court adopted an agreement regarding the extension and other extrinsic conditions of the filing and opposition documents for civil cassation appeals. Now that agreement must go through the CGPJ and be published in the BOE.
For now, the agreement has been published for informative purposes (so that lawyers can become familiar). Until it is published in the BOE it will not be enforceable. This has been under the authorization of art. 481.8 LEC, according to the wording given by Royal Decree-Law 5/2023, of June Fax Lists 28, (validated by Agreement of the Permanent Deputation of the Congress of Deputies on July 26, 2023), which modifies art. . 481 LEC, regarding the content of the document filing the appeal, according to which “the Government Chamber of the Supreme Court may determine, by means of an agreement that will be published in the 'Official State Gazette', the maximum extension and other extrinsic conditions, including those relating to the format in which they must be presented, of the filing and opposition documents for cassation appeals.”
For Rafael Hinojosa, Professor of Procedural Law at the Complutense University of Madrid , “said Chamber establishes, through this Agreement, the guidelines on the formal requirements that the aforementioned writings of civil cassation appeals must meet. All of this "without prejudice to the criteria for admission of the appeal established by the Plenary Session of the First Chamber and the mandatory compliance with procedural legislation regarding the presentation of documents electronically."
In this way, "the maximum extension, the format , with compliance with the requirements of the corresponding electronic communications, the documents that must accompany the written appeal are established, a cover page that must precede the written filing of the appeal with the essential data of the appeal, collecting its content, to conclude with the form thereof, which will be available to professionals on the website of the General Council of the Judiciary, once it is published in the Official State Gazette.
On September 8, 2023, the Government Chamber of the Supreme Court adopted an agreement regarding the extension and other extrinsic conditions of the filing and opposition documents for civil cassation appeals. Now that agreement must go through the CGPJ and be published in the BOE.
For now, the agreement has been published for informative purposes (so that lawyers can become familiar). Until it is published in the BOE it will not be enforceable. This has been under the authorization of art. 481.8 LEC, according to the wording given by Royal Decree-Law 5/2023, of June Fax Lists 28, (validated by Agreement of the Permanent Deputation of the Congress of Deputies on July 26, 2023), which modifies art. . 481 LEC, regarding the content of the document filing the appeal, according to which “the Government Chamber of the Supreme Court may determine, by means of an agreement that will be published in the 'Official State Gazette', the maximum extension and other extrinsic conditions, including those relating to the format in which they must be presented, of the filing and opposition documents for cassation appeals.”
For Rafael Hinojosa, Professor of Procedural Law at the Complutense University of Madrid , “said Chamber establishes, through this Agreement, the guidelines on the formal requirements that the aforementioned writings of civil cassation appeals must meet. All of this "without prejudice to the criteria for admission of the appeal established by the Plenary Session of the First Chamber and the mandatory compliance with procedural legislation regarding the presentation of documents electronically."
In this way, "the maximum extension, the format , with compliance with the requirements of the corresponding electronic communications, the documents that must accompany the written appeal are established, a cover page that must precede the written filing of the appeal with the essential data of the appeal, collecting its content, to conclude with the form thereof, which will be available to professionals on the website of the General Council of the Judiciary, once it is published in the Official State Gazette.