スペインの裁判の手数料の有料化。離婚訴訟;300'00ユーロ+、交通違反罰金;200'00ユーロ(高裁:800'00ユーロ、最高裁;1200'00ユーロ、借金(債務)(一番多い:2011年には650'000件)100'00ユーロ、高裁;800'00、最高裁;1200'00、解雇;無料、会社側は100%:高裁;500'00の80%;、最高裁;750'00の80%、銀行の詐欺てき優先株式、128'000ユーロの訴訟では940'00、(基本300'00+)
Casos prácticos que eran gratis y por los que habrá que pagar
Un divorcio costará 300 euros y una denuncia por preferentes 940 euros
La principal novedad de la Ley de Tasas es que estas se extienden a toda la población
V. G. C. / M. F. Madrid 21 NOV 2012 - 22:12 CET
Case studies that were free and those who have to pay
A divorce will cost 300 euros and 940 euros complaint preferred
The main novelty of the Fees Act is that they extend to the entire population
V. G. C. / M. F. Madrid 21 NOV 2012 - 22:12 CET
The main novelty of the Fees Act which yesterday published the BOE not to rise up the amounts-that much-but extend to the entire population. So far only paid companies that billed more than eight million euros a year, now they will all companies and any citizen who brings a civil action (lawsuits between individuals), administrative law (against the government) or social (labor lawsuits ). Paid in the first instance (except social) but, above all, in the second: the resort.
The Ministry of Justice has held that, even so, the rates only apply to a minority finally, that amounts to "about 20% of the litigation" because the criminal is exempt (72% of total) and first instance of the social, because they are exempt certain fundamental rights lawsuits or family, or involving minors, and because individuals seeking legal aid (now who earn less than 14,000 euros gross per year, although this threshold it will go up) will not pay.
To justify imposing a copayment to the rest, mainly in the second instance, the ministry officials rely on a statistic of the General Council of the Judiciary: "75% of the lost recurring resources, 90% for reach the Supreme. That is, many people resort knowing that it is very likely to lose the appeal. We must avoid such abuse, "Justice sources say. Deterring appealing to the pocket.
moreThe increased rates will slow judicial fight against gender violenceJustice delayed at the last moment the higher feesLawyers recent rush hours to avoid payment of fees
The city will recover the money from the fees if the conclusion of the litigation the court agrees, as long as you pay the costs for the other party. That is, the Administration not refunded in any case, but the party ordered to pay the costs also assume the rate paid by the applicant initially, so this will recover. In the administrative courts always for costs, but in civil and social can there or not, according to the ministry. So there the appellant recover the money ... or not.
Here are some case studies in which will be higher court fees:
"Divorce, 300 euros plus the percentage of the assets. Family matters are exempt from tax, but not all: only those involving minors or "matrimonial proceedings on child custody and alimony," or referring to affiliations (acknowledgments of paternity), among others. A divorce usually entail a rate of 300 euros (plus the variable, calculated by multiplying 0.5% by the value of the assets to be claimed). If demand for custody and child in the divorce occurs, pay rate, if presented separately, no.
The president of the Observatory against Domestic and Gender Violence General Council of the Judiciary (CGPJ), Immaculate Montalbán, said yesterday that this rate will hurt battered women because, although demand will not pay for maltreatment rate (is a criminal ), it will make the fact of "breaking the last link with the aggressor resorting to divorce and dividing marital property." It will be "an obstacle to women victims of violence go ahead with court proceedings," he said, according to Mary R. Sahuquillo.
»Traffic Tickets: 200 euros for a fine of 100. A lawsuit in summary proceedings against the administration for a traffic ticket will be 200 euros. In this case there is the paradox that, for example, if the claim is against a traffic fine of 100 euros, the citizen would pay much more in taxes (twice) that it expects to receive if you are right and cancel the fine. And infinitely more if the decision is adverse, and he resorts to the High Court (800 euros) or even reaches the Supreme (1,200 euros). It may well produce a perverse effect, as all groups that criticize the law: that citizens desist from fighting in court against a sanction of the Administration, which is what deters him imposing the fee.
In Justice responds that, although this effect is a striking case and real, "that citizen is spent significantly more time to pay the lawyer and the prosecutor", and that if the court ultimately agrees with him recover the money from the fee. They argue further that many of the resources for traffic tickets are one of the examples of "abuse" of those who use the courts without thinking "what they cost in the state."
»Lawsuit for debt: $ 100 ... or up to 1,200. The most common resource in Spain (650,000 cases last year) is the payment, which claimed a sum of money, for example, private debt. Filing a claim for payment procedure will have an initial rate of 100 euros, if the sentence is used, or 800 euros to 1,200 euros (if it reaches the Supreme).
»Complaint against preferential bank: 940 euros. The General Council of the Bar yesterday facilitated this practical example: a retiree who report the loss of their savings for the preferred, if not prosper through both criminal and had to go to the civil courts, would have to pay 940 euros (300 for rates fixed plus variable) to claim an amount of 128,000 euros.
"Resource pay 500 euros, although the company pays more. The jurisdiction of the social was excluded so far from paying business rates. Now is excluded in the first instance, but not in the second. An appeal against a judgment of dismissal in the High Court in rates will cost 500 euros, the second to the Supreme, 750 euros. Actually, the PP agreed to change this during the parliamentary process of law (before the avalanche of criticism at a time when they multiply dismissal procedures), so that looks like this: if the worker who used, only pay 40% of that amount, the company itself will pay 100%, and the works council in cases of lawsuits by job layoffs (ERE).
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