Among the activities of the Club Public Management at ESADE in Madrid , celebrated last Thursday night a dinner conversation with the Minister of Justice, Francisco Caamaño, under the title: "Modernization of Justice, a reform strategy."
To talk about a subject which promised to find a minister who very pleasantly surprised me: quiet person, kind, friendly, discreet. A media profile but not very suitable to drive a complex public policy that takes so many years trying to make their way to the intereres crossfire in the diverse tribes that comprise them.
These were the main topics discussed at a conference so complete that (courtesy of the minister) is prefaced nearly half an hour longer than stipulated. Just began his opening speech Minister asking: why is it so difficult to reform the justice? First, because it is an administration with so much tradition in which there is an independent branch (the judiciary) that by its very nature (being as objective as possible) tends to put away the rest. Moreover, given the particularity of power (executive) serves another power. To this is added structural complexity by the existence of various organs, each with its own legal nature: CGPJ, Attorney General, Justice Administration (CCAA dependent in many cases).
His prescription: work, work and more work. Quiet as a basis for dialogue. He gave as an example of what is being done with deep organizational reform involves the introduction of the new model Judicial Office, which, though embodied in a law for years had to put underway. In that are. The aim is that the judge engaged in other tasks to try and leave the court headed by . Is groundbreaking because it involves ending the legacy of centuries ago, and have to start almost from scratch (eg creating new RPTs that do not exist).
At the macro level, major organizational reform is the reorganization the first instance. The current social courts, commercial, civil ... 1, 2, 3 .... are replaced by lower courts with different thematic sections. There will be a president and a staff of judges, of course, but the issues will the Tribunal, come into him and he will meet with the judge touching, removing the custom assignment today so that complicates things as basic as managing substitutions.
As technology minister is aware of its importance, both as regards "to PCs" but the cultural exchange involved . The goal is to have tried without paper (the National Court is almost ready to get it), and the media will be there, but they really are, people who are inside and out have to really internalize it and change their routines. Be achieved time savings of 35-40% in the current processes that will lead to the economy (a system of justice is slow economic freezer). But new legal problems are solved on the fly. For example, what if a judge makes a personal copy of a car to take you home and you lose a part?.
Another strategic line is to ensure that matters come before the courts unless . For example, opening up other avenues of conflict resolution. In Spain there is no culture of mediation and arbitration; change will be one of the objectives of the legislation is being prepared. Mediations will be mandatory before a judge and will facilitate the arbitration by professional prestige, not necessarily lawyers. Fewer issues will the Supreme Court so that it can focus on what you play, mix doctrine.
0 comments:
Post a Comment