Procedural Management

Posted by Antoine in News | Comments Off on Procedural Management

The courts of instance of the most important judicial districts are the first who succumb to the increase of the litigiousness. Courts whose optimum performance has been sought with greater zeal, now it takes even semesters to admit pending simple monitorios procedures, making themselves completely unrecoverable debts claimed; so the solution becomes the real problem. In search of the coveted remedy, any procedural reform arises with the aim of freeing judges and magistrates primarily responsibilities which they may incur on the staff member of the Court of which they are owners in terms of human resources. The idea is that they have more time to render justice, and not employing all its efforts to remedy labor problems. This must certainly be the goal, but once more the shortsightedness of our political leaders prevents evaluate solutions that could be described as innovative. And thereon as a lawyer with an overview, I am absolutely convinced that the only possible solution passes through the privatization of procedural management, so only servants attached to the justice, are those who have assigned decision-making: judges and magistrates. And not only because it is unsustainable to maintain an official for every three workers of the private sector in Spain.

If not because the private work and public no, here and anywhere in the world. Procedural processing only has a road and a resolution term that has to be understood both factual and legal terms.And as soon as possible to verify all the luck in performances that entails, before the constitutional right to effective judicial protection will be filled. Do not accept deviations. They are not possible. Reason why those who develop such work do not have to be cloaked via shake-up Statute of impartiality and irremovability of which do deserve our judges. It will then when how contracting public administration may establish standards and Sue yields, providing the citizen as a user service that deserves. Far voices expressed believing that to make justice work are not needed more resources, but the optimization of existing ones, have had to rectify the received pressure.

As a labor lawyer my imprint is that while many of the current officials would not have accommodated this possible scenario, many others truly involved with its mission, would with privatization higher levels of job satisfaction, rights and even higher remuneration. This except best opinion and judgement. The debate remains open.

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