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Current projects
Current issues of procedural law (2014 SGR 179). Duration 2014-2016
Legal certainty and effectiveness of justice (critical points on the procedural reforms with the added perspective of compared law) (2013-42159-P) Length 2014-2016
Prior projects
Legal certainty and effectiveness of justice (critical points on the procedural reforms with the added perspective of compared law) (2013-42159-P) Length 2014-2016
The R+D awarded has two objectives: on the one hand, to investigate a key aspect of the current legal status and procedural reforms that characterise it, such as the relation between “legal certainty and enforceability of the law”; on the other hand, to consolidate both the investigation team and the approach followed over the last fifteen years of work.
 
The initial hypothesis brings up the risks of a more efficient justice based upon the acceleration of procedures, or on mechanisms that lead to make it less approachable, to abandon or exclude related to the legal certainty that the aforementioned helps to guarantee. This tendency takes place both within the framework of criminal and civil trials and within several legislations of our cultural and geographic environment: European Union and Latin America. In criminal trials, for instance, it is done by tremendously increasing the application of the opportunity principle as well as the incidence of Community legislation and the protection of victims of the crime. In civil trials it is done through a set of reforms: Law on Court fees, extension of the powers entitled to the legal secretary and prosecutors, non-contentious jurisdiction, evictions and other projects. There are some European measures that complement the above mentioned. Both, civil and criminal, give us the opportunity to establish a contrast with the new models applied in Latin America and allows us to analyse the resulting success and failure of those.
 
The proposed objective is to tackle the issue of whether granting access to justice preserves legality and legal certainty at the same time, in a way in which every opposed force has to rely on arguments of the same strength to be adopted without maim of superior values. It has to be reflected upon the fact of whether the search of a legitimate solution to the problems of justice system (overload, slowness) does not run the risk of an historical regress of State guarantees, claiming to approach the application of the “guarantor State model” within the field of justice.
CEAPJ > Facultat de Dret · Campus de Montilivi · 17071 Girona · T 34 972 418 100 · F 972 418 121 · ceapj@udg.edu