Post by account_disabled on Feb 20, 2024 4:39:51 GMT -5
On September 8, 2023, the Government Chamber of the Supreme Court adopted an agreement regarding the extension and other extrinsic conditions of the filing and opposition documents for civil cassation appeals. Now that agreement must go through the CGPJ and be published in the BOE.
For now, the agreement has been published for informative purposes (so that lawyers can become familiar). Until it is published in the BOE it will not be enforceable. This has been under the authorization of art. 481.8 LEC, according to the wording given by Royal Decree-Law 5/2023, of June 28, (validated by Agreement of the Permanent Deputation of the Congress of Deputies on July 26, 2023), which Fax Lists modifies art. . 481 LEC, regarding the content of the document filing the appeal, according to which “the Government Chamber of the Supreme Court may determine, by means of an agreement that will be published in the 'Official State Gazette', the maximum extension and other extrinsic conditions, including those relating to the format in which they must be presented, of the filing and opposition documents for cassation appeals.”
For Rafael Hinojosa, Professor of Procedural Law at the Complutense University of Madrid , “said Chamber establishes, through this Agreement, the guidelines on the formal requirements that the aforementioned writings of civil cassation appeals must meet. All of this "without prejudice to the criteria for admission of the appeal established by the Plenary Session of the First Chamber and the mandatory compliance with procedural legislation regarding the presentation of documents electronically."
In this way, "the maximum extension, the format , with compliance with the requirements of the corresponding electronic communications, the documents that must accompany the written appeal are established, a cover page that must precede the written filing of the appeal with the essential data of the appeal, collecting its content, to conclude with the form thereof, which will be available to professionals on the website of the General Council of the Judiciary, once it is published in the Official State Gazette.
From his point of view, “the basis of this Agreement is to facilitate both the work of admitting cassation appeals by the corresponding Court, as well as the work of professionals in order to meet the cassation technique requirements required by the appeal.” for admission."
This jurist is “very aware of the saturation of cases suffered by the First Chamber of the Supreme Court. During the year 2022, the matters under the jurisdiction of that Chamber rose to 10,280 and the matters in process at the end of that year to 21,036, with which I hope that if the Agreement facilitates the processing of resources that meet the legal requirements, they can be resolved within reasonable deadlines, that is, without diminishing the expectations of the parties, the aforementioned Agreement will be welcomed.”
For now, the agreement has been published for informative purposes (so that lawyers can become familiar). Until it is published in the BOE it will not be enforceable. This has been under the authorization of art. 481.8 LEC, according to the wording given by Royal Decree-Law 5/2023, of June 28, (validated by Agreement of the Permanent Deputation of the Congress of Deputies on July 26, 2023), which Fax Lists modifies art. . 481 LEC, regarding the content of the document filing the appeal, according to which “the Government Chamber of the Supreme Court may determine, by means of an agreement that will be published in the 'Official State Gazette', the maximum extension and other extrinsic conditions, including those relating to the format in which they must be presented, of the filing and opposition documents for cassation appeals.”
For Rafael Hinojosa, Professor of Procedural Law at the Complutense University of Madrid , “said Chamber establishes, through this Agreement, the guidelines on the formal requirements that the aforementioned writings of civil cassation appeals must meet. All of this "without prejudice to the criteria for admission of the appeal established by the Plenary Session of the First Chamber and the mandatory compliance with procedural legislation regarding the presentation of documents electronically."
In this way, "the maximum extension, the format , with compliance with the requirements of the corresponding electronic communications, the documents that must accompany the written appeal are established, a cover page that must precede the written filing of the appeal with the essential data of the appeal, collecting its content, to conclude with the form thereof, which will be available to professionals on the website of the General Council of the Judiciary, once it is published in the Official State Gazette.
From his point of view, “the basis of this Agreement is to facilitate both the work of admitting cassation appeals by the corresponding Court, as well as the work of professionals in order to meet the cassation technique requirements required by the appeal.” for admission."
This jurist is “very aware of the saturation of cases suffered by the First Chamber of the Supreme Court. During the year 2022, the matters under the jurisdiction of that Chamber rose to 10,280 and the matters in process at the end of that year to 21,036, with which I hope that if the Agreement facilitates the processing of resources that meet the legal requirements, they can be resolved within reasonable deadlines, that is, without diminishing the expectations of the parties, the aforementioned Agreement will be welcomed.”