スペインの裁判官たちは、住宅ローンの未払いによる立ち退き問題に対処するために、法律改正を検討中
Los jueces se alían para paliar los efectos de la crisis en los más débiles
Los 47 decanos se convierten en punta de lanza de la magistratura contra la legislación hipotecaria
Un centenar de magistrados aplica fórmulas extraordinarias para aliviar los abusos de bancos
DESCARGABLE Conclusiones de los jueces decanos sobre la ley hipotecaria
Informe sobre abusos en los desahucios encargado por el CGPJ
Carlos Yárnoz Madrid 11 NOV 2012 - 15:25 CET
Judges join forces to alleviate the effects of the crisis on the most vulnerable
The 47 deans become the spearhead of the judiciary against mortgage legislation
One hundred judges apply formulas to relieve extraordinary abuses of banks
Conclusions DOWNLOADABLE senior judges on the mortgage law
Report abuse evictions ordered by the CGPJ
Carlos Yárnoz Madrid 11 NOV 2012 - 15:25 CET
Justice is called to lead the public discourse against the crisis. " The 47 senior judges from Spain, who have signed this statement, these days have become the unexpected spearheaded a protest movement to mitigate the social effects of economic collapse. Their efforts have removed the foundations of the judiciary, have forced the Government to propose legal reforms and forced the two major political parties to seek consensus formulas. They have been some of those senior judges who have achieved in just two weeks the government and parties rush to change the harsh laws to curb foreclosures to what the judges themselves have called: the "real social evil": 400,000 evictions that many families have suffered since the economic crisis began.
moreDozens of people give their last farewell to the deceasedKutxabank announced the suspension of all executionsThe PSOE proposed that the new law applies to ongoing evictions"This has to be solved as soon as possible"
"We can not turn our backs to reality, society. We can not be so insensitive. The blindfold is that of fairness, but not that of insensitivity, "the dean of Bilbao, Alfonso Gonzalez-Guija, to explain that, in fact, among the judges there has been a move" unprecedented. " Most of these professionals deans are under age 45, with all sorts of trends or political preferences. Within the judiciary, are the only directly elected by his colleagues in each district, a fact highlighted by some of the activists. "We are elected by our peers and, therefore, we have to move so that they, the judges walk, we passed" emphasizes José María Páez, dean of Málaga. "Our reward is to provide good service to our partners who choose us as citizens. We do not want or seek charges or enter politics, "says Angel Dolado, dean of Zaragoza.
Josep Maria Morell i Feliu, dean of the judges of Barcelona, admits that there is now "a very active group of judges" because "we" he adds, "ordinary citizens, who also pay mortgages, living reality," says . "As a judge, you're a spectator," says José María Páez.
The spearhead of this group is formed by a committee of 15 judges, among which the deans of the eight largest cities. Gonzalez-Feliu i Guija and Morell are two of them and also belong to the group of judges painstakingly prepared for weeks the three days of debate (on 5, 6 and 7) that met in Barcelona at 47 deans of Spain representing more than 2,000 judges. "We wanted to treat particular problems arising from the crisis, and not be alone in the analysis of our internal problems," says Gonzalez-Guija. So one of the key themes discussed in those days was on the proposals for reform of legislation on evictions.
The deans complain that the crisis "has rammed like a tsunami"
Two weeks earlier, seven judges had been sent to the Supreme Judicial Council (CGPJ) a report commissioned by the very dome of judges criticizing the abuse arising from this legislation. The text speaks of "malpractice banks" and proposes a series of measures to protect families who are on the verge of eviction. The CGPJ rejected the document. Its editor, Judge Pedro Luis Viguer, dean of Valencia, Barcelona was the speaker at a debate on the report rejected. "New generations of judges who have lost the fear of saying things," says Viguer. "So much for being dumb by a bad sense of responsibility. I'd have to say the CGPJ, but it does, "the dean of Valencia.
The report dismissed by the judiciary was supported "in full" and unanimously by the 47 deans, despite having been "unfortunately rejected outright by the CGPJ", as highlighted in the conclusions of its meeting. And, with his attitude, the judiciary ran into another problem, since the judge is considered by many Viguer of his colleagues "a leader" among the deans for his activism in the analysis and preparation of proposals to improve justice. This was pointed out by several of the judges consulted. In addition, several deans, such as Zaragoza, Valencia or Barcelona-argue that the document has gained much attention precisely for having rejected the Council.
"We have raised the hare," says Dean of Barcelona to discuss the report of his seven colleagues on evictions. "And he has helped himself by not assume CGPJ" jokes after describing what happened in the court leadership as "grotesque". "Someone should give explicaciones.No understand why was not approved," says Gonzalez-Guija.
Almost at the same time that the findings disseminated Barcelona caucus, leaders of the PSOE and the PP gathered in Madrid to launch the reform of the mortgage law. "They have reacted probably because they had no choice," says Viguer. "We were advancing on the left and right in a rapid movement" unleashed following the dissemination in the country of that document on 24 October. "Even politicians have had to react because society is right. Demand is so obvious ... "argues Paez. José Luis González Armengol, dean of Madrid, highlights that the current mortgage law "causes inequality between the parties and, therefore, have to make corrections." "Judges have sided with the company, because the proximity to society is a primary function of a judge," he says.
"The Government's actions are erratic, short-range," say
"We must be proactive actors of change and not mere passive spectators and losers of an unsatisfactory state of affairs," proclaimed the deans on Wednesday, after stating that they felt "worried, and much, to the social drama that involved the multiplication exponential evictions due to the economic crisis. " So, the judges demanded "humanize" the law. At the same time, railed against "the new scourge", corruption, and demanded more resources to combat it.
A senior judges are also concerned about the increase in disputes arising from the crisis, "like a tsunami has savaged" the courts favoring "an unbearable state of opinion that questions not only its effectiveness but also its independence," they concluded in the conference Barcelona. Despite this phenomenon, the measures that are driven from the Government are "erratic, short-range, single patch". One particularly striking of Judge Feliu i Morell: the rate hike announced by the Ministry of Justice. "It's terrible," said the judge. "It will prevent ordinary citizens come to justice. A man who claims something for his dismissal will have to pay 500 euros to rate. Why? "Asks. "I find it appalling. I can not understand, "he concludes.
Now, the deans are the ones who are raising the voice, but it is in the courts, more quietly, where a group of judges, yet not too large, try to lessen the devastation in crisis because the harsh Spanish legislation on mortgage. These judges "especially committed", as described by a judge in Madrid, who find loopholes and ways to not enforce the law in all its harshness but not skip it in no time. Judges of Pamplona, Girona, Barcelona, Torrejón (Madrid) or Elche have pioneered issue orders raised alternatives to evictions, as payment in kind, social renting or delayed payments.
Demands of the 47 deans
Judiciary Act. Immediate withdrawal of Bill LOPJ Reform, which impairs the quality of justice.
Election of officers. Direct election of judges and magistrates of the 12 members of the CGPJ legal provenance. Direct election of the charges of the internal organs of the judiciary.
CGPJ budgetary autonomy to ensure independence and effectiveness. The judiciary can no longer economically dependent Executive.
Number of judges. Increase the number of professional judges to reach the European average of 19.8 judges per 100,000 population, compared to 10.3 today. Call oppositions of 250 seats / year.
Justice professional. Must be taught by professional judges. Organs overload requires the creation of places to end the nearly 1,000 substitute judges.
Workload. Determination and application workload as input maximum permissible limit and with immediate effect. Reached, the new positions will be created automatically legal.
Organization. New demarcation units regrouping in large cities, creating new instance courts and judicial office.
Investment. Measures to mitigate the abandonment of mixed courts.
Statute. Regulatory status according to the specialty of judges as state power. Adequate economic compensation liability.
Judges input. Addressing the situation of judges who have completed their training at the Judicial School.
Moderate rates that limit access to justice, which is not considered in the current bill that clearly disproportionate. The focus should be another: increase rates charged to large companies, major users of the judicial system.
José María Fernández Seijo, number 3 Commercial Court of Barcelona has distinguished especially because last year raised a question to the Court of Justice of the EU on an eviction of a Moroccan that a savings will apply default interest of 18 %. "I am active in helping affected collectives," said the judge, who described as "aggressive and severe" Spanish legislation in this regard. Juliane Kokott, Advocate General of the European Court, and has chosen this week to ensure that Spanish law the judge must allow control if mortgages are included clauses or abusive conditions, which were not allowed now.
In parallel, almost one hundred judges have also issued orders in so-called avant-garde procedures (50% of those who are now entering the civil courts; 683,704 last year alone), which are those in which, with the single demand bank or financial institution, we require payment of the debtor and, if within 20 days does not pay or does not, proceed to the execution by seizure of goods. That hundred monitors judges in such cases if there are unfair or exaggerated interest and, if considered, dictates the rejection of the application, which can be raised again, but by ordinary procedure, with more options in defense for a defendant . These formulas for which are affected which are claimed but no more. Similar legal tools used in these courts to protect buyers of preferred stock or complex financial products that have ruined many families.
Among the judges who have already adopted such resolutions include Raquel Alastruey (Barcelona), Ana Maria Alvarez de Iraola (Madrid), Edmundo Rodriguez Achútegui (Álava), Raquel Blazquez (Madrid), Guillem Soler (Barcelona), Jose Antonio Lozano ( Almería), Rafael Fluiters (Madrid) or Ignacio Martín (Valladolid).
Judge Lourdes Menendez, the district court number 39 of Madrid, is also in that group. "The judges have to apply the law, but also worry about its impact on the most disadvantaged and not forgetting the social reality of the time the law should be applied," said Menendez. "The courts can not be neatly sea engulfing intended only to drown," said the judge citing the book The Burden of Proof, Scott Turow.
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