12/03/2014
_ Joaquim Borrel, justice of the High Court of Justice of Catalonia, and Pablo Llarena, president of the Provincial Court of Barcelona, also participated in the seminar
Minister of Justice Alberto Ruiz-Gallardón participated on Wednesday, 12 March, in the FAES-ESADE Law School Human Rights Seminar Antonio Marzal on the historical evolution of the right to effective legal protection. Ruiz-Gallardon stated that the new Organic Law on the Judiciary would strengthen the National High Court by increasing its responsibilities. Therefore, “the National High Court will be strengthened with a new civil chamber”.
The Minister disclosed in his address some of the proposals which will be submitted by the Government in the Organic Law of the Judiciary draft in order to speed and improve the administration of justice. “This Law introduces far-reaching changes; not substantive ones—the essence will still be judges judging and enforcing what’s been judged—but in circumstances which ought to allow that task, and no other, to be the principle one”, he added.
PROPOSALS FOR THE ORGANIC LAW ON THE JUDICIARY
Among the aspects of the future regulation, Ruiz-Gallardón mentioned in the first place that the Judiciary will be the same throughout Spain and its power will be linked with each and every Court regulated in said Law. He also commented on the adoption of measures to “strengthen as much as possible legal certainty” in order to reduce the uncertainty generated by contradictory or different pronouncements on similar situations.
The Minister also explained that, regarding situations when it is considered that the applicable jurisprudence causes an obvious injustice or contradicts the constitutional guarantees of the Constitutional Court’s doctrine, the Law envisages a summary and preferential preliminary ruling procedure according to which the lower body will be able to refer a preliminary legal question to the Supreme Court.
He argued that other essential aspect in order to speed justice is the need to provide it with a new judiciary organisation. Its major novelty would be the creation of “Tribunales Provinciales de Instancia”, higher provincial courts which would assume the competences of the other courts when they act as courts of first instance. Said courts would therefore disappear, which does not imply closing down court premises. Ruiz-Gallardón explained that it is envisaged for said “Tribunales de Instancia” to be limited to provinces.
He referred to the “Tribunal Provincial de Instancia”, which will “be composed of four chambers, each of them composed of judicial units and branches”. He also disclosed that “the National High Court will be strengthened with a new civil chamber” and that “both the Supreme Court and High Courts of Justice will be able to have chambers of general affairs”. Finally, he added the novelty of extending the duty period of Courts to the twelve months of the year, considering August as a working month.
EXECUTION OF SENTENCES
The session of the FAES-ESADE Law School Human Rights Seminar addressed other issues such as the effectiveness of legal protection, the execution of sentences and judicial protection. Joaquim Borrel, justice of the High Court of Justice of Catalonia, and Pablo Llarena, president of the Provincial Court of Barcelona participated together with Ruiz-Gallardón.
Both speakers analysed the execution of sentences as the founding pillar which supports the right to effective legal protection. Joaquim Borrel focused on the jurisdiction of administrative courts, after stating the importance of forbidding undue delays and mentioning protective measures. He assured that “the legal system needs to be well armed and organised for sentences to be executed” in order to ensure the realization of the right to effective legal protection.
Pablo Llarena extended his explanation to criminal jurisdiction and deepened into the point that the mere infringement of the reasonable periods of execution of sentences does not only violate the right to effective legal protection but also several particularly protected fundamental rights.
The FAES-ESADE Law School Human Rights Seminar Antonio Marzal, organised by Ignacio Astarloa, Constitution and Institutions Director of FAES foundation, and Enric R. Bartlett, director of the seminar, celebrates this year its 20th edition, the 10th to be jointly organised by both institutions.