The TC considers the violation of right to jurisdiction in having recourse to the Mayor's appointment edictal before exhausts all possible personal quote
Posted by Manuel Casal | Section Juris. Litigation , Jurisprudence
By judgment dated 14/7/09, speaker C. Nursery (due 2009-4 RE-) the Constitutional Court believes that the courts should have a special diligence and exhausted all the possibilities that it offers the legal system in order to allow access to this jurisdiction. More specifically, the courts under the jurisdiction of constitutional law, must have an attitude especially active exhaust all possibilities to proceed with the placement of personnel required, before resorting to the site edictal that experience amply demonstrated ineffective and therefore should be regarded as an exceptional measure and last. They should therefore require a proactive attitude of active research data that may provide clues to possible places of residence of the defendants, seeking to relevant sites. Certainly, the defendants may have defenents or, in certain circumstances, certain obligations to report their whereabouts, but these obligations do not excuse the courts of law arising in the jurisdiction.
