judicial Area: Amendments pending
by Pablo Rodríguez Grez ,
University Law School Dean of Development.
is not easy to discover the reasons that hinder the most urgent reforms in the judiciary, despite the social damage caused by the delay in addressing them. It is true that they all affect or private sector interests, and perhaps this is one of the stumbling blocks holding back deployment.
has long been discussed and analyzed three reforms now, probably thanks to the strength of the new government can be implemented with clear benefits for our institutions legal.
First. It is undisputed that the lawyers are called to meet the ministers of the Courts of Appeals and the Supreme Court, when they can not perform their duties seriously affect the independence the judiciary, permit undue pressure exerted on them and introduce an element of uncertainty among litigants. It can be distinguished professional, highly qualified, but his appointment as a general rule, due to sympathy, political affiliations or commitments that disfigure the image of the judiciary. Not intended to alienate those who are called to exercise jurisdiction after several years of professional performance. If the aim is to create a proper legal status, removing the political factors that tarnish his name, to disassociate himself from commitments that cloud their independence, and give them a treatment to work without the threat to be separated from the judiciary abruptly and capriciously, as in today. Even more, should be allowed joining the Judicial Hierarchy, drawing on the experience and expertise to perform such tasks.
Segundo. In the coming years we must devote ourselves seriously to the Civil Justice Reform. We do not think she should play in the principles and institutions of criminal justice, because between them there are irreconcilable differences. This task is long-term, requires resources that could hardly available at this time, and should be a debate that will enrich the knowledge and awareness of its importance. So why not start with the congestion of civilian courts jurisdiction eliminating non-jurisdictional issues, as the so-called executory, are purely administrative, hide a perverse subsidy for large retail chains and financial institutions, and saturate the working capacity of judges. Why not create "collections prosecutions, or whatever you call them, financed by pursuing the forced payment of their claims, and supervised by the authority as, for example, the bankruptcy regime. This would free up the judges of 80% of its work and allowing them to deploy a function of higher quality and in less time.
Third. Finally, the exorbitant increase in the number of lawyers with very different preparation, becoming increasingly necessary to distinguish the exercise "corporate" (business consultants, government officials, advisors, informants, etc.) and exercise, "forensic" (in charge of defense judicial rights of the parties). On the latter should the judiciary to exercise custody severe, because it involves in the functioning of the jurisdiction (public authority). Corresponds to the Supreme Court to ensure that lawyers involved in judicial activities with a professional and ethical training to ensure good performance. We do not believe they are the ministers of the Supreme Court who exercise this control directly, but those who monitor and identify the policies are applicable.
These three reforms whose delay will cause enormous harm to the community, none of which prevent introduce in the future, other reforms that improved and deepened. An independent, timely and involving agents of proven ability, is a guarantee for the improvement of the rule of law.
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