THE MINISTERIAL COUNCIL APPROVES THE DRAFT LAW REFORM OF CIVIL PROCEDURE FOR THE FUNCTIONS APPROACH TO THEIR ATTORNEYS PEER IN THE REST OF EUROPE
Press release Council of Prosecutors General of Spain
The Cabinet approved the reform of the Code of Civil Procedure
PARALEGAL SHALL THE NEW RESPONSIBILITIES, JUST LIKE IN THE EUROPEAN LEVEL, AND WILL BE CONSIDERED AGENTS AUTHORITY
Madrid, 3 May 2013.- The Spanish attorneys assume from now on new skills, with functions similar to those that develop their colleagues in Europe, specifying some that, too broadly, were already covered by the Law, especially as it relates to their involvement in implementing acts. This follows the amendment of the Civil Procedure Act (LEC) adopted today by the Council of Ministers.
Equally, and to ensure the effectiveness of the intervention of attorneys in their new roles, to the extent that, beyond their capacity as representatives of the parties, participate in the exercise of public functions, Act confers the status of law enforcement which does not say whether the process at all times; but, other when they are commissioned specifically for the performance of such acts, always under the guidance of the clerk and submitted to the Court.
The reform promoted by the Ministry of Justice aims to improve the choices of litigants, enhancing the work of the attorneys of the courts by developing its collaboration features and help with the Administration of Justice, in order to expedite the procedural formalities and provide the procedure more effective.
With this law, the powers and duties of the attorneys of the courts to all acts of communication and certain implementing acts shall be extended and other cooperation and assistance to the Administration of Justice, resting on the will of the party they represent, and keeping the current system in terms of the lack of impact on costs.
WITHOUT INCREASED COSTS
This will produce a significant improvement of the options available to citizens when they have to resort to the Courts, it will help expedite the procedural formalities and without incurring any increased costs of the process as it will be the citizen who, in each case, decide freely whether or not to invoke new system designed or continue operating under the current regime. So, is part of the current duality of the system in terms of the possibilities of performing acts of communication, always under the direction of the Secretary court, can be effected by both officials in the service of the Administration of Justice as the Attorney of the party so requests, its Coast.
As a new Law introduces the need for citizens to, when they come before the courts choose the system they prefer and stating their intention if they prefer that these actions the officials performing the service of the Administration of Justice or Attorney. In the case where citizens do not formulate their election law understands that officials Legal Aid Corps will practice. It is also envisaged that the party may change his mind during the pendency of proceedings, always claiming just cause.
Press release Ministry of Justice
Justice reinforces functions of prosecutors to equate to Europe
· The Code of Civil Procedure is amended in order to participate in acts of communication, liens and some acts of enforcement of judgments, always under the orders of the court clerk and judicial control.
· The citizen may choose in each procedure that these acts are carried out by officials of the Administration of Justice or by this group.
03 May 2013.- The Cabinet, a proposal by the Minister of Justice, Alberto Ruiz-Gallardón, today approved a proposed draft amendment to the Law of Civil Procedure to approximate functions to Spanish prosecutors have their counterparts in the rest of Europe. The main novelty of the law is to allow future
citizens choose who you want to deal with acts of communication practice, embargoes and some acts of execution of the decision rendered at the end of the process: el Attorney, under the orders of the court clerk and judicial control, or officials of the Administration of Justice, as heretofore.
Prosecutors, already present in Roman law or the Games of Alfonso X the Wise as ombudsmen, no they have never lost the status of representative proceedings on behalf. The Draft bill approved today, which is part of the comprehensive reform of the administration of justice being done, seeks to develop the collaboration features and help with the Administration of Justice prosecutors already undertaken to streamline and improve efficiency of the procedural.
During the previous term, Act 37/2011, of 10 October, Streamlining Procedural Measures, and accentuated the action of the prosecutor as partner to the Administration of Justice in the line marked by Justice White Paper prepared by the General Council of the Judiciary.
The law passed today expands the powers and duties of attorneys to all acts of communication and certain acts of running and cooperation and assistance of the Administration of Justice. Part will decide early in the process who wants to be responsible for such acts, always under the direction of the clerk and judicial control: servants engaged in the administration of justice or attorney, its Coast. If the citizen does not mean nothing specific to be responsible, as heretofore, officials of the Administration of Justice.
The main lines of strengthening the functions of the attorneys are:
· Acts of communication, ensuring effective notification, Citations, and summons.
· They may make seizures of property and bank accounts.
· Their functions are increased implementation processes, it may make an order for payment in the address of executed or where they can find.
· The Bar attorneys can ensure the reservoir and judicial administration of property seized
· (obligation corresponding to the authority that holds the responsibility for human and material resources in the service of the Administration of Justice), according to the directives given by the clerk.
· They may also be designated as a specialized entity in the auction of property seized.
While participating in the exercise of public functions, the law gives prosecutors the condition of law enforcement, notifications so fully effective when the recipient is in his home and refuses to receive the copy of the resolution, and no longer have to perform these acts accompanied by two witnesses.
Verbal judgment and payment procedure
The law also reshaped to include certain claims of legal operators in the oral proceedings to avoid helplessness without delaying the process. These include the introduction of the written response so far was intended only for certain special procedures. Del mismo modo, provided that the court deems relevant, The parties were given the opportunity to give the conclusion of the process of view allowing streamlining the procedure and that the judgment can be issued without further proceedings after the response to the demand.
Also, payment procedures in giving effect to the judgment of the Court of Justice of the European Union, of 14 June 2012, in Case C-618 Spanish Credit Bank, in which it was stated that the Spanish rules are not in line with EU law on consumer protection, by not allowing the judge hearing a lawsuit in payment procedure ex officio examine the unfairness of a default interest clause contained in a contract. The law now allows a procedure to review and control the existence of such unfair terms, after hearing the parties.
Direct access to the Draft Law amending the Law on Civil Procedure