The Commission of the Government Chamber of the Superior Court of Justice of the Valencian Community (TSJCV), meeting urgently, has unanimously agreed to submit to the General Council of the Judiciary (CGPJ) a proposal to extend the suspension of procedural deadlines in the judicial bodies of the province of Valencia between November 4 and 10 due to Dana.
As reported in a statement, it also submits to the ratification of the governing body of the judges the suspension of ordinary judicial activity in the judicial districts of Catarroja, Requena and Torrent.
In the first case, this suspension is motivated by the material impossibility of physical action at its judicial headquarters. In fact, Catarroja’s guard service is being provided in the City of Justice of Valencia.
As for Requena and Torrent, the proposal derives from the “calamitous situation in which these populations find themselves” and those of both judicial parties, which “prevents the normal movement and operation of the majority of the officials and affected population.”
The Government Chamber, in relation to the request made by the Valencian College of Bar Associations, the Valencian Council of Attorneys and the Valencian Council of Official Colleges of Social Graduates, agrees (with the considerations included) as follows:
The TSJCV wants to express above all its “regret and sensitivity” in the face of the catastrophic situation facing the province of Valencia, as well as its total willingness to “resolve any situation that may arise.”
In this sense, he thanks the professional associations of lawyers, attorneys and social graduates who have requested the suspension of the deadlines to make him a participant in “the difficulties and proposals they have in this regard.”
“We are, as the governing body of the Courts and Tribunals, to support all the people who are suffering the devastating effects of the so-called DANA,” states the government agreement.
Likewise, the Government Chamber wants to send a “clear and resounding message” regarding “the lack of obligation of any professional or citizen who encounters any type of difficulty in traveling to the City of Justice of Valencia or other judicial headquarters” for proceedings. jurisdictional or procedural
That is why he understands that “a simple call to the judicial body expressing the impossibility must be enough and, even, in those cases in which this is not even possible, the simple non-appearance should justify the suspension of the action.” And he will convey to all the courts in the province the need for them to “have special consideration with the situation in which we find ourselves.”
In this way – as the agreement expressly states – “the rights of those individuals and professionals who, being able to go to the respective judicial headquarters without any difficulty, can also be safeguarded are not harmed by the suspension and subsequent delay of the action of their right”.
In fact, the last two business days have also shown that there is a considerable number of Justice users in this situation.
Regarding the judicial headquarters that cannot open their headquarters to carry out their ordinary activity, the Chamber indicates that “the actions must be understood as suspended”, except for those declared urgent and that must be carried out within the framework of the emergency situation.
Finally, the agreement establishes that judges who cannot attend their position in their judicial body will have to communicate this if it is feasible so that a colleague can replace them.
Regarding judges who cannot go to the corresponding judicial body, they will be notified if it is feasible in order to replace them with the respective colleague.
The specific points of the agreement proposal that is urgently submitted to the CGPJ are literally:
1.- All notifications and communications sent by judicial bodies during November 4 to 10, through the LEXNET service, must be deemed to have been notified on Monday, November 11.
2.- Regarding the calculation of procedural deadlines, November 4 to 10 will be excluded.
3.- In the event that force majeure persists beyond November 10, the agreement that the circumstances require would be adopted by this Chamber.
6.- In relation to what is stated in section 4, the Government Chamber, given the information transferred and the communication made with the respective deans, also makes an urgent proposal to the CGPJ in order to approve the suspension of ordinary judicial activity , and for the reasons explained, of the following Courts:
? Catarroja: due to the material impossibility of physical action in it (the guard of this match is centralized in the City of Justice of Valencia).
? Requena and Torrent: The important calamitous situation in which these populations and those of the judicial district find themselves prevents the normal movement and operation of the majority of the officials and affected population.
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