I.Einleitung
Das Justizministerium hat jüngst die Hauptlinien des neuen Regierung bekanntgegeben, um die Justiz an den aktuellen Kontext anzupassen.
Die Reform konzentriert sich auf verschiedene Umfänge und betrifft verschiedene Bereiche, worunter die Reform der Obersten Justizrat, das neue Handelsgesetzbuch, das neue Mediationsgesetz und die Einführung der Zuzahlung für die Antragsteller einer Berufung, die wichtigsten sind.
II. Legislatives News
Justice Minister, Mr. Alberto Ruiz-Gallardón, presented last January 25, ambitious reforms that his Ministry has prepared for this term, highlighting the following:
1. New Law on the Supreme Judicial Council
Under this proposal, the election system of the twenty members that make up that organism will be reform. The essence is that twelve of its twenty members should be elected among magistrates and judges in all categories, according to the principles of merit and professionalism in the promotion of the judiciary career, and to restrict the powers of the plenary and various committees to expedite this body. Also delineating the powers of the Supreme Court and Constitutional Court.
2. New Commercial Code
The new government will set a new single legal body by homogenizing all the scattered company law, which will be expanded and adapted to meet the new needs that with the current economic situation have been manifested. Thus, the executive seeks to ensure market unity and enhance the competitiveness of companies in an increasingly adverse environment.
3. New Law Mediation
According to new business needs the executive intends to issue a Mediation Act, which allows to serve as an alternative of dispute resolutions by speeding them up.
This law, which has not been in force previously, intended to provide systemic solutions to mediation in civil and commercial matters.
It is certainly an effective way to enhance the understanding between the parties allowing to get agreements quickly and effectively.
4. Copayment at the Second Instance
The latest legislative highlight new is the introduction of legal fees since the second instance in order to reduce litigation, preventing abuses in the use of justice by making it more efficient.
In any case, the Minister added that if the second instance give the reason to the appellant the said fees will be reimbursed whatsoever.
