スペインの裁判手続きの有料化、手数料の徴収は、裁判を受ける権利を侵害するとして反対の意見が多数
JOSÉ LUIS GONZÁLEZ ARMENGOL, JUEZ DECANO DE MADRID
“Exclusivamente por razón de la cuantía, estas tasas son inconstitucionales”
El magistrado cree que esta medida supone "un gravísimo obstáculo" para acceder a la Justicia
Araceli Guede / Álvaro de la Rúa Madrid 22 NOV 2012 - 15:33 CET
ARMENGOL Jose Luis Gonzalez, chief judge of MADRID
"Only because of the amount, these fees are unconstitutional"
The judge believes that this measure is "a serious obstacle" to access to justice
Araceli Guede / Alvaro de la Rua Madrid 22 NOV 2012 - 15:33 CET
José Luis González Armengol is very forceful in expressing their rejection of the new court fees. The chief judge of the courts of Madrid considered as "entirely negative". He argues that hinder access to the Administration of Justice and further adds that fixed amount regardless of the amount of the procedure and does not take into account the economic capacity of the citizen who will litigate. "I understand that these rates, solely by reason of the amount, are unconstitutional", judgment and remember that the Constitutional Court has already ruled on the matter.
Armengol Gonzalez, who speaks directly and clearly, also draws on the Rome Treaty of the EU to support its position. "The Court of Justice of the European Communities has ruled that also affect Community legislation, as these amounts in these amounts can pose a serious obstacle to access to justice for many citizens, with the economic difficulties being experienced" , highlights. His office is located on the first floor of the Courts of Plaza de Castilla.
The judges do not want to reduce our litigation at the expense of citizens'
Rates have entered into force today following the publication of the standard in the Official Gazette yesterday, but a problem with the forms that may have prevented empezarse applied. There has been a delay but did not specify a new date. This has raised many questions. "There is no set how long the suspension will last. What do we do? Formally the rate is in effect but a formal problem of lack of forms that need to liquidate Treasury to bring their actions can not pay the corresponding tax. What will happen? People need to submitting claims and related claims. Later? Going to have to earn the fees? "Asked the judge.
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The judge explained that the law states that prior to the admission of the claim by the court clerk, this will have to do a check on whether or not it has paid the fee, and if not done can not take or support admissible.
To protest this new measure, but also for many other issues, judges, prosecutors and lawyers held tomorrow at 1330 levels in different parts of Spain. In Madrid will be facing the Ministry of Justice. Among the reasons, Armengol Gonzalez cites lack of investments, the "attack on the independence of the judiciary", lack of "draft legislative changes that address the serious problems of the Administration of Justice" or the claim of a greater number of judges to address "disproportionate" workload. Armengol Gonzalez concludes: "The judges do not want to reduce our litigation at the expense of citizens."
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