Publicador de contenidos

Noticia_DCHO_Ibon_Hualde_Congreso_Casacion

Professor Ibon Hualde talks about the congress online resource of cassation.


PhotoManuelCastells/

19 | 01 | 2021

Last November 4 and 5 took place the Internationalcongress "El resource de casación civil: fase de Admissions Office", framed within the scope of the project of research graduate "Los criterios de Admissions Office del resource de casación civil en España: análisis y posibilidades de reforma a la luz de la experiencia francesa y el certiorari norteamericano" and financed by the Ministry of Economics, industry and competitiveness (DER 2017-82515-P).

Professor Ibon Hualde takes stock of the congress and explains some of the conclusions adopted.

What is your assessment of congress?

This congress, with the participation of prestigious jurists from the academic and judicial fields (national and foreign professors, the president of the First Court of the Supreme Court conference room and lawyers from its Technical Office), had a great impact on the legal community, with a high number of professionals from numerous universities and national and international law firms registering at issue . Specifically, there were 301 registered participants from all the provinces of Spain, as well as from Latin American countries (Ecuador, Panama, Guatemala, Peru, Chile, Colombia, Honduras and Brazil), North America (United States and Canada), Europe (France and Belgium) and Africa (Sierra Leone). The various round tables of the congress addressed numerous issues related to the procedure of Admissions Office of the resource civil cassation. Among them, the evolution of this extraordinary resource in Spain; the scope of the cassation trial; the criteria of Admissions Office in light of the "agreement of the plenary session of the Executive Council non-jurisdictional conference room First of the Supreme Court" of 2017 and the opportunity of a reform towards greater discretion; the experience in contentious cassationmanagement assistant after the 2015 reform; the current status of cassation in France and an analysis of the North American certiorari.

Tell us about some of the conclusions

It is common knowledge that the conference room of the Civil Division of the Supreme Court suffers from serious problems of saturation due to overload of work, which makes it very difficult to fulfill one of the fundamental purposes of cassation: the creation and unification of jurisprudence. For this reason, it is essential to review the criteria for access to this extraordinary resource in the civil sphere. Based on the experience of the reform of the contentious cassationmanagement assistant and with a view to other systems of comparative law such as the French and American ones, in this congress the appropriate proposals were made so that the Spanish legislator may have elements of support for a possible reform tending to modify the procedure of Admissions Office of the resource of civil cassation; and the opportunity to provide it with a greater dose of discretion was assessed, always without diminishing the rights and guarantees of the appellants.

This congress is included in a project of research, what are the next steps?

The celebration of the present congress gave rise to the publication in the publishing house Thomson Reuters Aranzadi of the collective work entitled "programs of study sobre la casación civil: fase de Admissions Office" (2020, with ISBN 978-84-1345-861-8); work directed by the researcher Principal of the referred project of research and in whose elaboration participated all its members, together with other recognized jurists of the academic and judicial field. Also published on the web page of the congress, together with the conference proceedings of the same, were the papers admitted by its scientific committee , among the many submitted. On the other hand, it is the intention of the team researcher apply for a new project which will be a continuation of the previous one, with the conviction that with it we can contribute to the advancement and improvement of procedural legislation, which is essential for the proper functioning of the Administration of Justice, even more so when one of the highest institutions of the State, the Supreme Court, is involved.

BUSCADOR NOTICIAS

SEARCH ENGINE NEWS

From

To