The appeal contains complaints of injustice of the sentence, while the total return contains request for forgiveness for the error itself or an allegation of deception caused by the opponent
Section: "Nulla dies sine linea" - The phrase of the day
Quia appellatio crux iniquitatis sententiae querellam, restitutio in integrum errors proprio vero veniae petition veil adversarii circumventionis Allegations continet.
Ulpiano: Digest 4, 4 of those under 25 years, 17 (D. 04.04.17)
* Aunt Obiols Judge of Appeal dated 20/11/64, RJ 73
* Aunt TS Mitra dated 20/10/76, RJ 12, regarding the right to appeal the imposition of costs.
We appeal
Appeal Aunt interdictal unemployment works
Section: Juris. procedural
"II. - Rightly underpins the distance that Aunt dictation, date 30-04-2008, does not prevent the continuation of the process, but the object of the same origin or not declared a precautionary measure, consisting of the total or partial shutdown of the works being carried out, but the process concerning the prohibition of new construction should continue its processing.
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Tags: appeals , injunctions
Not innovate finding himself in the lawsuit appeal
Section: "Nulla dies sine linea" - The phrase of the day
Pendente appellatione innovetur nihil.
* TSJC Ruling dated 18/3/04, RJ 2167, in relation to that preclosa the opportunity to make claims not timely in processing the appeal findings or appeal to introduce new issues that , be considered by the Court, located in a defenseless party, in breach of the constitutionally recognized right to jurisdiction (cf. art. CA 10).
We appeal
Therefore be subject to retrial and has been appealed
Section: "Nulla dies sine linea" - The phrase of the day
Tantum quantum devolutum apellatum.
* TSJC Ruling dated 30/6/04, RJ 2201, in relation to the trial of appeal is subject to the principle of congruence and contribution part.
We appeal
The recourse of appeal should be directed against the failure of the sentence and not against the arguments of the same
Section: Juris. Litigation , Jurisprudence
"The appeal P3 SA, despite having obtained a ruling that favors, showing their dissatisfaction with the arguments of the judgment and order of this House a statement of the exception are Rejected by other arguments, and explains that the Common had not renounced the exception that the reason that the right to demand the return had not prescribed is that the time is not the initial calculation of the payment as stated in Article 8.2.d) of the ordinance but the judgment of this room (24 January 2006) finally declared the correct rejection, to silence the government, the building permit that he had requested.
This Chamber has stated in several decisions that the resource of appeal should be directed against the failure of the judgment and the arguments against it, so if the source of appeal is intended to maintain correct the false-rejection of the exception of prescription in this case but other arguments that the judgment appealed is not possible to analyze the substantive content of the resource.
Consequently, it is not appropriate to analyze the arguments presented in his P3 SA written appeal on the grounds that should have been based on the judgment appealed except to dismiss the prescription made by the Common. "
Judgment of the Superior Court room administrative dated 5/11/09, number 92-09.
We appeal
Experiració period of 8 days to make appeal to holiday: to present to the Mayor of guard
Section: Juris. procedural
"Second. - The only issue that is discussed in this case refers to the calculation of the period of judicial appeal.
As has already tried several times this room, "the meeting deadlines is a matter of procedural law and order" (see for example, Aunt 07-2007 dated 19 April 2007).
In this case, the provisions of Article 141 of the law of immigration, "the deadline for judicial demand against the express or tacit rejection of the internal appeal is eight days."
The scope of this text has no fixed this room (Aunt 29-2006 of 23 November 2006). This mainly Aunt says that if the term "is counted in calendar days, in any case include the last day, is unable or not."
The applicant indicates that the last day "is a holiday, a Saturday-and the legal office is closed and therefore it is physically impossible and material entering a writing."
But this argument is not appropriate for the moment in this situation, the demand would have received the Mayor of duty.
Indeed, under the terms of Articles 55 and 56 of the Transitional Act proceedings, December 21 de1993 (BOPA 3/1994):
Article 55
"The mayor says the guard tenure during non-working days set out in Article 42.2 of the Act Qualified Justice, not during working hours under Article 42.3 of the Act itself and during the hours of ordinary office and during the hours and days for the raw power of which is attributed to the magistrate on duty.
Article 56
The jurisdiction of the magistrate on duty is established as follows: a) The mayor of the guard while the guard is effective, is responsible for all matters that are brought to the knowledge of the Magistracy ..... "
We emphasize that the jurisdiction of the Mayor of duty is very general, in particular, it exercised "during office hours no ordinary" and extends "to all matters that are brought to the knowledge of the Magistracy."
The applicant therefore would have had the opportunity to present their material demands within the eight days required by law of immigration.
For these reasons, the demand must be rejected and confirmed the judgment of the Mayor. "
Judgment of the Superior Court room administrative dated 14/9/07, speaker B. Plagnet, no. 49-2007.
Appeal of complaint. Competent body to support the appeal.
Section: Juris. procedural
"II. - Must agree with the appellant that the appeal is the proper complaint to request that the Board analyzed for the improper denial of an appeal from that became (cf. TSM Aunt of 6 -4-1981 and 15-6-1982), but the real key lies in determining whether the return of Aunt 3-4-2007 against which the resource of appeal and, in particular providence of 13-4-2007, to refuse to accept that the proceedings violated the right to obtain a ruling on this point and thus underestimate the constitutional and procedural guarantees contained in Article 10 of the Constitution.
....
Indeed, there is no doubt that Article 70 of the Transitional Act proceedings attributed to President of the Board verification of eligibility conditions of the resource according to the rapporteur's proposal, but it is less than the control access the resource is made once the resource is assigned to the Civil Division, ie, a return was made before the judge in the high and Aunt quo in this room. However, in the present case does not infringe Article 70 of the Transitional Act, as the Mayor making it refuse to accept the appeal against Providence because it considers that it is not recurrible before the High Court.
And from these coordinates to be tested if violates the right of defense of the appellant in such complaint or not. And the answer to the preceding question is determined by the susceptibility of this room to be distance resolution of 13-4-2007. If the resolution is not recurrible not be limited the right of defense of the defending and now appellant, while if the decision was likely to be covered, the denial of the appeal made in time and be a hypothesis infringement of the provisions of Article 10 of the CA "
Aunt of the Civil Division of the High Court dated 14/6/07, speaker JM. April, Aunt 120/07.
We appeal
The Constitutional Court considers that the right to jurisdiction must prevail on the error in the formulation of a resource that determines their rejection
Section: Juris. Litigation , Jurisprudence
"Therefore, the Constitutional Court should have been informed, through the written appeal under the dismissal of its incident nullity actions by the Supreme Court. Aunt of this rejection was not something unknown to the appellant and his representative litigation, so it is not, strictly speaking, a new element which could revoke Aunt rejection of the Constitutional Court for consideration.
However, the content of this resource plea follows that the appeal of Mr. Francisco Mora Planas was declared inadmissible admissible not because of a failure and the intentional or recurrent lack of manifest constitutional content, but a clerical error and goal of his lawyer whom he had entrusted the defense of their interests. Under these conditions, would not be equitable, both in terms of Article 10.1 of the Constitution, and with regard to Article 6 of the Convention for the Protection of Human Rights and Freedoms, to take on the recurring lack of one in whom he had placed their trust.
For these reasons, the Constitutional Court considers the appeal of Mr. plea. Francesc Planas and Mora agrees, if it thinks fit, to re-submit his application within the period provided for under Article 88.1 of the law of the Constitutional Court, counted from the notification of this Aunt . "
Aunt of the Constitutional Court dated 12/10/09, acting as rapporteur D. Maus, because RE-2009-7.
We appeal
Infeasibility of the present appeal appeal to the Notary
Section: Juris. procedural
By judgment dated 2/3/09, No. 13-2009, the Court understands the impossibility to submit the written appeal by the delivery to the Notary to remit to the Technical Commission of Urban Planning therefore considers that "Article 112 of the Administrative Code is appraised to establish that the requests made by individuals must be submitted to the competent authority for decision in accordance with current legislation and within the deadlines. This provision shall apply equally. when it comes to administrative remedies, which are merely a form of specific requests made by individuals against the government, corn has already declared this room in terms of Article 113 of the Code, which is included in the same chapter and the previous section.
Furthermore, Article 132 of the same body of law provides that "when an act is to be executed in a public office, the term shall expire on the last day of woe timekeeping office closing, except that s 'establishes otherwise. "
The combined application of these two precepts derive from two conclusions. First, that the appeal should be submitted to the Technical Commission of Urban Planning, corn on competent to resolve it, and secondly that the deadline for doing so ended the last trading day , when the closure of public offices.
Nowhere is the possibility that the appeal is validly brought before a notary, so that the agent's arguments on this point must be wholly rejected. "
In the same sense see judgment dated 14/9/09, no. 76-2009.
Rejection of the appeal when there is no prejudice to the appealing
Section: Juris. administrative
"This room has already indicated (97-31 judgment of 14 July 1997 and 2004-59, 17 November 2004) that an essential requirement is the subject of the appeal or encumbrance, so it is not permissible when filing his false judgment was favorable to those who lodge appeals on appeal. "
Judgment of the Superior Court room administrative dated 14/9/09, west L. Saura, no. 82-2009.
We appeal
Decision appealed: overcoming the literal resource
Section: Juris. Litigation , Jurisprudence
The Administrative Chamber of the High Court for sentence (34/2009) dated 20 April 2009, speaker B. Plagnet understands the inadmissibility of the appeal declared inadmissible even be directed against an administrative act preparatory to the urban area, when that date has passed the final act, to understand that the judge must try! when the circumstances permit, to preserve the exercise of jurisdiction provided for in Article 10 of the Constitution.
We appeal
The deadlines for appeal are not subject to extension
Section: Juris. Litigation , Jurisprudence
The room filled with the Administrative Court of Justice for Aunt dated 20 May 2007 (19-2009) understands that the terms of appeal are determined by law and can not be modified by application of the principle of legitimate expectations, as that Article 130 of the Administrative Code, referred to in Article 32 of the law of the jurisdiction and tax administration, the possibility of granting an extension of the deadlines established by law, on request, but excludes unequivocally the same period of the administrative and jurisdictional. Consequently, it is clear that within eight working days in which he had submitted an appeal of appeal against the judgment of the Court of Magistrates, properly grounded, could be subject to any extension, so appeal filed by the agent was indeed untimely.
We appeal
Appeal of appeal: nature, allegations and legitimacy of common directors
Section: Juris. administrative
By judgment dated 21/7/08, No. 56-2008, the Supreme Court ruling in another tracking number 2001-17, 9 March 2001, believes that although there is no standing to challenge a ruling by a recourse of appeal has been favorable, given the provisions of Article 57 of the Act administrative jurisdiction indicates that this appeal may be lodged by "Any party aggrieved by the considered judgment", the nature of the resource Appeal allow the parties play the allegations made in the first instance, the possibility that corresponds obviously to appeal, but also appealed to, as it would otherwise never be obtain a judicial response to what was alleged, in no recourse because the judgment had been favorable. Therefore, although not common may appeal the favorable ruling and consequently appealed if only he would not Appeals, presents the arguments in the appeal of appeal must analyzed in this instance only to the extent that another party to the dispute appealed the sentence as if the Common would have been earned in his written opposition to the appeal.
The Court understands that common councilors have standing to challenge a common agreement, since it corresponds to the standing to sue those who have a direct interest in the annulment of the contested interest that exists when s' obtains a benefit or avoiding any prejudice by the declaration of invalidity of the contested act, in the case of directors of a local authority decisions by the body that are part of the Common affect their sphere of action as elected members of the corporation and can not be denied the right to reveal the discrepancy by means of appropriate administrative and judicial.
Tags: appeal , legitimation
