スペイン政府の裁判の手数料の有料化に6割以上の国民が反対意見
sondeo de Metroscopia para el Consejo General de la Abogacía
El 62% cree que las nuevas tasas llevan a una justicia de ricos y otra de pobres
Ocho de cada diez abogan por que la ley sea recurrida ante el Tribunal Constitucional
Araceli Guede Madrid 30 NOV 2012 - 14:09 CET
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- José Juan Toharia
- CGAE
- Carlos Carnicer
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Fuente: Metroscopia / El País
Metroscopia poll for the General Council of the Bar
62% believe that the new rates lead to justice for the rich and another poor
Eight out of ten advocating that the law be challenged in the Constitutional Court
Guede Araceli Madrid 30 NOV 2012 - 14:09 CET
Citizen rejection of the new law is generalized rates. The measure voters disapprove both the PSOE and the PP. This is reflected in a survey conducted by Metroscopia for the General Council of the Bar. For two out of three, not exaggerate who point out that this rule will lead to justice for the rich and another poor, and that the burden of these taxes will fall on the middle class. 84% believe that violate the right to effective judicial protection established by the Constitution and therefore must be appealed to the Constitutional Court "as soon as possible."
"I do not know why the minister is not recognizing something castled in patent," said the president of the General Council of the Bar, Carlos Carnicer, during the presentation of the study today at noon. The charge of publicizing the data has been Metroscopia president, José Juan Toharia, who has said that he has drawn attention to the "very high response rate." "The media have given information that has permeated the public," he highlighted.
Carnicer Gallardón asks that "reinvoke not that this is an issue that no matter corporate citizens"
The Government's initiative has been criticized by opposition parties, but also lawyers, unions and consumer associations. It has questioned its constitutionality and the Socialists have already announced that interpose an appeal. Now, this poll, produced from 1,000 telephone interviews conducted on Monday, quantifies the public discontent. The 90% critical that the Ministry of Justice has sought the agreement with all parties involved before promoting the urgent adoption of the law. "Rarely in my life have I seen such an overwhelming percentage," said the company president demoscopic.
83% of respondents believe that with this model the average citizen will feel less protected than before for justice and further from her. Most do not believe that by this measure the justice system will work better (68%) or that they will achieve additional revenue to finance better legal aid (89%). For 84%, the State has the obligation to pay such legal aid through the general budget and not from fees how are you. It is widely believed that there are no reasons to justify this decision.
According to the data, Toharia has concluded that "it is hard to argue that in this issue there is no popular clamor" to what Carnicer has asked the Minister of Justice, Alberto Ruiz-Gallardón, "not that reinvoke this is an issue that no matter corporate citizens. " "If our Constitution establishes an effective remedy, to put any obstacles is unconstitutional," he continued, later to recognize that in times of crisis could accept such a rate "testimonial" for the second instance. "But the amounts of these fees are made to prevent access to the courts," he lamented.
moreThe Judiciary commissioned a report on the impact of the rate lawThe Board will appeal the Court Fees Act for "unfair" and "deterrent"Gallardón now announces legal aid for the battered"Only because of the amount, these fees are unconstitutional"
To those who accuse lawyers of being against the norm because it will affect their business, the chairman replied that "undoubtedly" be customers, informed of charges, can not afford them, which he described as "effect evil "of the law itself:" The customer will have to tell who has the money ready because at any moment the process can be harmed in the days and if we have to use the number, there will be forfeited. " Toharia added that a previous study showed that 70% of lawyers do not live in the litigation. "I take to reverse that lawyers are the processes that lengthen. A lawyer can only put the resources that the law allows, "he argued Carnicer.
The General Council of the Bar has proposed a series of actions to continue protesting this new measure. In addition to making available to the literate forms to ask the court to raise the issue of constitutionality, has created a platform with legal operators, unions and consumer associations. This hold its first meeting on Monday. Carnicer has advanced on Tuesday held another meeting with "other operators to unite wills": "We will ask that this law be repealed or greatly reduce slightly and to exempt many cases." Also provide the Government faced "the structure of a new administration of justice." His goal is not only the elimination of rate law, "there is more to suggest that there are difficulties to address the problems."
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