The debate for the reform of the Civil Procedure Code began in the Legislature

The meeting, which took place in the hall of the legislative building, was attended by Governor Omar Gutiérrez, the President of the Superior Court of Justice, Germán Busamia, and Lieutenant Governor Marcos Koopmann, promoter of the reform, within the framework of a program joint work between the three powers of the State, which will continue with presentations by different specialists aimed at the general public. Indeed, the conferences given by Oteiza and Calvinho could be listened to live on the official website of the Neuquén Legislature.

When inaugurating the cycle, Lieutenant Governor  Marcos Koopmann  assured that the civil procedure reform aims to follow the same path as the Neuquén criminal procedure code,  “a model code”  and, in this sense, announced the imminent creation of a special inter-power commission that will begin to function once parliamentary activity resumes in March. “There is the conviction and the political conviction that this is the way, the citizens asked us what justice they want: close, simple, agile, with answers,”  said Koopmann, after remarking that this will be the working premise. 

Likewise, the lieutenant governor highlighted the importance that the reform of the current code, sanctioned in 1975, has for the province. “We have to simplify the message, so that the public knows that we are dealing with an issue that cuts across all spaces; from a rental contract, a divorce, a traffic accident and many other common situations that we all experience on a daily basis” , he pointed out.

For his part, prior to the conferences, Governor Omar Gutiérrez also took the floor  , who mentioned that the final result will allow the creation  “of a new Code, not just a reform”  while the objective is  “to expand and build more benefits”  in the administration of civil justice. He stressed that the debate will be with the active participation of the citizenry and the different interested sectors, in order to achieve an  “accessible justice that does not have the centrality in the file but in the person . ” Finally, the president asked that the new wording not contain  “watertight compartments”  and, along these lines, he requested that it incorporate a series of axes  “that must be”, such as gender equality, addressing disabilities, migratory flows and respect for native peoples. 토토사이트

In his turn, the head of the TSJ,   made the judicial structure available to advance the reform and claimed that it constitute the first item on the parliamentary and executive agenda of the current year. At the same time, he indicated that the Judiciary  “is the main interested party because it will reverse the social discredit that exists towards the administration of justice”  in the province, while recalling that the civil procedural reform also reaches the commercial, family, labor order and administrative procedure.

The presentations

In his speech,  referred to the reform of the National Code as a precedent, on which occasion he suggested a series of methodological alternatives, such as starting with the writing of an index, capturing the guiding principles and addressing the new text to the user of the service and not the operators. The specialist asked that the local reform not leave aside the Neuquén idiosyncrasy and, therefore, not take imposed models that will be difficult to apply. The lawyer mentioned that the current Code dates from the dictatorship and, in this context, he questioned that  “the instrument for rights to be respected is from a non-constitutional government . “

Oteiza mentioned that the province, after having reformed the Criminal Procedure Code, has experience to advance in the civil reform, on which occasion he emphasized the importance of having statistics and official data that allow  “measure to know what we have to change” . . Likewise, he declared himself in favor of listening to all the actors directly involved –judges and lawyers- and to the academic community.

In turn,    agreed on the importance of guaranteeing citizen participation in the debate, and emphasized maintaining the adversarial system that differentiates the functions of judging and arguing, implemented under the Code of Criminal Procedure approved in 2011. In this sense , Calvinho said that the Code must  “lower the burden on judges”,  who must pass sentence while lawyers must litigate, for which – the expert insisted – they must be trained and educated.  

The conference agenda will be completed on March 7 with the intervention of experts proposed by the University of Comahue and the Bar Association, and there will be a third day on March 17, with the participation of the renowned jurist   who He will speak exclusively on Family law.

Provincial deputies, and authorities and officials from the three branches of the State participated in today’s meeting.

About the speakers

Eduardo Oteiza is a professor of the Master’s Degree in Procedural Law at the Universidad de la Plata; he was president of the Argentine Association of Procedural Law; the Ibero-American Institute of Procedural Law and the International Association of Procedural Law; guest professor at various foreign universities and international consultant; He was a member of the Advisory Council of the Justice 2020 program of the Ministry of Justice and Human Rights of Argentina (2016-2019) that drafted the bases for the Civil and Commercial Procedural Reform and the Civil and Commercial Procedural Code of the Nation; and he was one of the specialists appointed to draft the law on collective proceedings and the model law on the unified system on domestic violence. 

Gustavo Calvinho es doctor en Derecho, magíster en Derecho Procesal y abogado; director de la Maestría en Derecho Procesal y del Departamento de Derecho Procesal Civil de Facultad de Derecho de la Universidad Austral; profesor universitario; Miembro Titular del Instituto Panamericano de Derecho Procesal; autor de numerosas publicaciones en materia procesal judicial y fue miembro de la Comisión Redactora del Nuevo Código Procesal Civil y Comercial de la Nación, e integrante de la Comisión Interpoderes para la revisión de las normas generales del proceso civil y comercial, proceso laboral, proceso de familia y contencioso administrativo de la Provincia de Chubut.

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