The members of the First Chamber of the Supreme Court of Justice (SCJ) unanimously approved the second non -jurisdictional full agreement with the purpose of reorienting and focusing the application of Law no. 2-23 on appeal and adjust it to its normative sense, which is to ensure the institutional safeguard of the institute called cassation interest.
Likewise, the agreement has the objective of forging the vision that the cassation deals with an exceptional way and, at the same time, restrictive, of strict regulation, which only proceeds in the context and scheme established by law.
This agreement arises as a result of the process of practical and effective application of Law no. 2-23 From its entry into force, developing a vision in correspondence with the discussions, in the sense of interpreting its content and essence, so that it corresponds to the logical construction proposed by the new normative order.
It is important that lawyers and other related professional sectors assume that their role in the scope of this law is crucial and is now governed by a procedural stage different from that of the regulatory order of the last century.
The time elapsed has allowed to support the proper interpretation based on its social and institutional role of the norm, serving as a guide for the determination of the casational interest and the various aspects it represents.
This new approach implies that cassation techniques are in specific rigors that the parties must comply, both in the writing of their respective memorials and in the way of carrying the process; as well as its professional management, which must make the qualitative leap for which it endorses a change of culture in terms of the way advice previously exercised before the Court of Cassation.
This second agreement replaces the first, issued in May 2023, with the interpretation of the so -called infractions, their scope, procedural regime and its direct link with the target cassational interest, such as admissibility budgets prior to the examination of the resource.
Likewise, in the field of the agreement, orientations related to the legal deadlines are established, the order of competence evaluation and admissibility budgets as a form of access to the appeal not only in its expression of the qualification that regulates the law from the point of view of the decisions that have opened the appeal, but from the technique to overcome the admissibility test, which claims an exercise of reasoning of the right based on what is the nature of the nature of the law.
The content of the instrument reiterates that it does not constitute a jurisdictional act (it does not resolve a specific case) or an administrative act (it is not a decision issued in the exercise of administrative power). What is about a set of orientations that seek to facilitate in the legal community the tendency of law in the interpretation of the law and its principles from an integral perspective of the legal system.
In that sense, he must call a deep and attentive reflection, not only to the judges that make up the Judiciary, but also to the lawyers, the teachers as to all the other active actors concerned in the subject, which integrate the legal community, including those who exercise extra powers jurisdictional powers.
We are in the presence of a new regulatory order that implies challenges and challenges throughout the jurisdictional work, which implies rethinking the nineteenth -century model that had governed in the face of cassation, to make the leap to a new scheme.
Jurisca
It is possible to inform the legal community that the jurisca tool is available on the website of the Judiciary and the National School of the Judiciary. Those interested can access this space to consult the updated jurisprudence of all the courts of the country. They should only indicate in the search engine the theme of their interest, writing the matter together with the corresponding figure or legal institution, with the objective of guaranteeing access in ideal conditions to the knowledge of the jurisprudence produced around the law that regulates the matter, not only in the headquarters of cassation, but also in the other jurisdictional structures
There, those interested can also consult doctrine and jurisprudence of other orders of jurisdiction as a way of facilitating inexhaustible access to updated knowledge.
