The idea of justice
Section: News
The holidays also serve for alternate readings.
Take Murakami to understand the desire to run now, after many years, by a clamping can not do it, or reread chapters of delayed Politics of Aristotle, masterly analysis of the last hour of the Greek polis. Murakami leave for another day and went into the cold observation of political events that Aristotle makes in studying The Constitution of Athens. Read the rest of this article »
Tags: Justice
The High Council of Justice wants to regulate the activity of prosecutor
Section: News
According to what Journal of Andorra in today's edition to mark the opening of the judicial year President of the Council of Justice announced its intention to normatively regulate the activity of prosecutor in the scope of the professions.
The President of the High Council of Justice also announced that in the last year the different sections of the Judicial Magistracy handled 45,252 cases have been evacuated and about 16,000, which represents only the existence this year of 29,551 unresolved cases, which represents more than 7639 year judicial precedent, of which 22,909 correspond to administrative acts, mostly unpaid debts, saying that now have the means are insufficient to handle this volume of job.
On the other hand the head of government said that the Law of the judicial system could come to parliament early next year.
The Head of Government and the President of the Council of Justice agreed on the need for a code of civil procedure.
Feature Andorra Television
Proposals on justice and legal reforms in the investiture debate on Head of government
Section: News
In the program speech yesterday to the General Council, who will problament problems the next Head of government, Bartumeu James, made the following proposals on justice and civil law:
In accordance with the constitutional mandate, justice acting on behalf of the Andorran people and therefore must be conceived as a public service. In addition, an inefficient justice hinders social and economic development of a country while its operation ensures adequate progress.
We want justice closer to citizens and with sufficient resources to be effective.
To fully implement the constitutional right to jurisdiction must adapt or improve some basic aspects. To this end I propose:
• give judges and magistrates the means to dispel any doubt about the independence of the judiciary. These would, inter alia, regulation of their status;
• more rapid decisions so that when the judicial pronouncement or execution arrive late damage to the right to justice;
• expand the cases of free access to justice to ensure the principle of equality, so that any person no longer exercise their rights to go to court in difficulty;
We advance the law shall establish and regulate the judicial system, on the functional structure of the Magistracy, which must include a specialization of judges, and also a code of civil procedure to unify criteria and avoid confusion and insecurity.
Also, to comply with the terms of Article 3.2 of the Constitution, we must promote the development of a Civil Code. Becomes urgent code scattered throughout the civil rules applicable in Andorra. It is a task that will be long. But it must begin. And we do this in consultation with parliamentary groups and with the collaboration of the Council of Justice, listening to the College of Lawyers and the College of Notaries. We want justice closer to citizens and with sufficient resources to be effective.
To fully implement the constitutional right to jurisdiction must adapt or improve some basic aspects. To this end I propose:
• give judges and magistrates the means to dispel any doubt about the independence of the judiciary. These would, inter alia, regulation of their status;
• more rapid decisions so that when the judicial pronouncement or execution arrive late damage to the right to justice;
• expand the cases of free access to justice to ensure the principle of equality, so that any person no longer exercise their rights to go to court in difficulty;
We advance the law shall establish and regulate the judicial system, on the functional structure of the Magistracy, which must include a specialization of judges, and also a code of civil procedure to unify criteria and avoid confusion and insecurity.
Also, to comply with the terms of Article 3.2 of the Constitution, we must promote the development of a Civil Code. Becomes urgent code scattered throughout the civil rules applicable in Andorra. It is a task that will be long. But it must begin. And we do this in consultation with parliamentary groups and with the collaboration of the Council of Justice, listening to the College of Lawyers and the College of Notaries.
The next head of government also intends to reform the administrative silence, then understand that the defense of public interest, to be invoked at the time of establishing the negative administrative silence as a rule, has led in practice to- an indiscriminate application of this technique-a decisive state of helplessness by the public. The implied obligation to resolve explicitly motivated and is becoming the exception and that makes the citizen, if it considers the decision unfair and wants to appeal to the court, know what are the foundations of law and fact that has to travel, which places him in a position of inequality compared to the Administration.
Consider however, that certain administrative matters, such as nationality or immigration, for example, require special protection by the State. In these cases, it is clear that administrative silence must maintain the character of rejection. Given these considerations, we modify the rules on administrative silence, stating that generally has value decision of acceptance and rejection exceptionally, in cases where it establishes a rule explicitly.
It also proposed changes in procurement laws to prevent a concentration of works and a large amount of subcontracting to companies outside the country in the Act establishing the public company Andorra SA Tourism, transformed the in a mixed capital company to actively involve the private sector in promoting and managing tourism and the Foreign Investment Law, once it has passed tax reform, to facilitate and attract investment with a greater legal certainty.
Tags: Justice
The expression "is just" (oportere) refers both to the present and the future
Section: "Nulla dies sine linea" - The phrase of the day
Verbum "oportebit" tam quam praesens futurum timing significance.
Paule: Digest 50, 16 the meaning of words, 8, cl. (D. 50.16.8.pr.)
Tags: Justice
President of the Magistracy
Section: News
According to the Higher Council of Justice dated 6/4/09 has been reappointed as Mr. Mayor. Rossell and David Moynat the same time functions as President of the Magistracy.
Tags: Justice
Justice is the constant and permanent desire to give to each what is his
Section: "Nulla dies sine linea" - The phrase of the day
Iustitia east Constans et perpetuates voluntas ius suum cuique tribuendi.
Ulpiano: Digest 1, 1 In justice and law, 10, pr. (D. 1.1.10.pr.)
Tags: Justice
The functioning of justice: security for citizens
Section: Justice
The proppassat May 9 El País published an opinion article in new Spanish judges, the group Judges for Democracy, which makes a lucid analysis of the state of the Spanish justice and the importance of their performance as the main guarantee for the rights of citizens, from the serious events of corruption in Marbella. We must put in contrast the importance of a good functioning of justice, with little interest in the powers of the state and certainly the citizens themselves, that their rulers do not require a proper attention to the legal world, and neglecting the protection of their rights. With the serious scandals in Marbella, has highlighted not only unavailable to meet the justice of the obvious illegalities committed over many years, but a determined political will that goes beyond simple oversight, and a weak justice wants to have zones of impunity.
The lack of political will in the functioning of justice, evident everywhere in constant contrast to the abundance of media attention and the various departments of public administration, with contrast with the limited resources dedicated to justice; of consideration, respect and social treatment they deserve politicians (many of them with major limitations of all kinds) and the treatment given to judges.
Given the interest of the reflections of the Spanish judges, understand the opportunity to reproduce fragmentary view of the article, translated from Spanish, to draw major conclusions:
1. - The saturation of justice, wanted or for negligence, leading to its inefficiency and thus the impunity of those who act outside the law.
"Corruption in Marbella is born of unlawful management of urban development, facilitated by a number of conditions and circumstances. For years, urban planning in Marbella has been outlawed. Why was this possible area of illegality? Because the body responsible for first level of judicial review of ordinary urban legality in Marbella, the Administrative Dispute Chamber of the High Court of Andalusia in Malaga, was in "technical failure", taking an average of five to six years to resolve the known procedures. If to this we add another term similar to the expected appeal to the Supreme, more than any other year to execute the judgment, would be faced with the prospect of as little 12 years. This term meant, in practice, an absence of effective judicial protection. "
2. - The complaints and requests from management bodies of justice are constantly ignored by the Government and Parliament, and tuteladors organs of justice, appointed by them, eventually settling in this situation.
"If you examine the annual reports of this court may be seen as the grave situation of the collapse of the Contentious Room of Malaga, although vox populi, was ignored or dispatched by surface analysis and recommendations (called "reinforcement plans") late or ineffective. ... / ... I certainly have shared responsibility with the General Council of the Judiciary Inspection Service, and that it depends on which year after year was timely and objective statistical evidence of the inability of the Board of Litigation for Malaga assume its workload, the Ministry of Justice, as a body responsible for providing the appropriate places, and the Government of Andalusia, although with limited powers, was perfectly aware of the non-justice (to slow) that there occurred. "
3. - The judges to develop their role, fundamentally need the support of the State.
"The criminal justice response has not been satisfactory. The legal structure of Marbella was dysfunctional to face a highly qualified economic crime. Even a few years ago, the mixed nature of the courts of Marbella judge instructed the supposed causes and the environment against Gil combine this activity with the legal conclusion of civil marriages or processing process of divorce, to give some examples. From a personal point of view of judges, Marbella became a target problem. Judge Falcone said that he feared the Mafia, but that the state let him alone. The judges need to be supported by state institutions and, especially, for the administration of justice itself. I do not understand the essential support for fatherly pat on the shoulder, or the rhetoric of solidarity shown to the cloud of cameras and microphones, but the recognition of the situation and the strong political commitment to the provision of personal and material , proportional to the magnitude of legal assets at risk. A game in Marbella was the rule of law. "
4. - The connivance of the authorities in a weak justice, becomes the vocation of community service as a judge on acts of heroism.
"It will be legitimate to wonder to what extent the option of Andalusia, the High Court and a member of CGPJ theoretically linked to Andalusia, a judiciary quiet, docile and burocratizada has not contributed to the judges "escape" of Marbella.
Finally, this description is not negligible in the "display" that Gil and his environment were sought by their proximity, familiarity and confidence with some courts. The same City of Marbella that systematically violated the law for years, planning was a generous host, sharing sponsorship on many occasions with large organizations and institutions, popular meetings of the judiciary, which was generated from the public on a widespread conviction the impunity enjoyed by certain people. "
5. - If there is no purpose of amendment and the functioning of justice becomes a strategic priority, there will be situations of impunity.
"The case offers valuable lessons for the institutions from which it governs, regulates and manages the judiciary, but of little use if there is willingness to learn, or as previously stated, purpose of amendment. If not considered a strategic priority of the regional and national judicial policy the proper functioning of the courts located in areas "sensitive" to corruption, reappear as new episodes of Marbella. "
The full consultation of the article can be obtained by e-mail: http://www.gencat.net/justicia/departament/premsa/art_conf/articles/altres/marbella/index.htm.
I let the wisdom of the readers assessing the distance between us, that surely is important, between the situation described by the judges in Marbella Spain and Andorra fact, the imperfections of our judicial system, as everyone admitted to rhetoric and often that way since the 1993 has been suffering a gradual deterioration; care and the importance of both citizens and politicians to give justice and punishment that surely must be encouraged to stop the process loss of effectiveness of the three fundamental powers of the State, and jeopardized the fundamental right to justice and our rights as citizens, so that this situation could lead us to an irreversible process and one day have to live in our country as the situation of Marbella. Our young rule of law can not afford more setbacks, more neglect, more menysteniments public authorities to justice, not only as an expression of the guarantee of citizens' rights and social justice, but in order to want to avoid any suspicion that a weak justice in favor of the strongest. It is fundamentally a matter of political will and hygiene.
24/5/06
