Outcome 2.1.1
“Reviewed Code of Civil Procedure, Law on Administrative Courts and Administrative Dispute Resolution, and Family Code, to increase transparency and efficiency and ensure accessibility, deterring the filing of unfounded cases”.
Outcome 2.1 requires a review of some procedural and substantive laws to amend provisions that provide for compliance with the principle of transparency, the provisions governing access to court, or the provisions relating to the efficiency of the court, including cases where the court cannot be efficient due to unfounded requests which slow down its work.
This outcome is consistent with the objective intended to be achieved, but is incomplete referring to the laws that will need to be analyzed in order to meet a component of Specific Objective and Policy Goal 2.
Thus, this outcome provides for the revision of the Code of Civil Procedure, the Law on Administrative Courts and the Adjudication of Administrative Disputes and the Family Code, but does not provide for other basic laws that will have to be reviewed to see the impact it may have on arrangements related to transparency, accessibility and efficiency. Such basic laws are the Code of Criminal Procedure, the Civil Code and the Law on Commercial Enterprises. All three of these laws contain specific provisions governing the purposes of Outcome 2.1. As for the Code of Criminal Procedure and the Civil Code, there is no doubt why they should be part of the review – due to their primary role in regulating the judicial process, in balancing the rights of the parties and the court, in conceiving and implementing principles through binding rules, deadlines, notices, penalties, etc. It is also worth noting the reason why the Law “On Commercial Enterprises” should have undergone the same analysis. Firstly, because this law, in addition to being a substantive law, contains certain provisions of a procedural nature that are directly related to the court adjudication, which affect its efficiency, and, secondly, because commercial disputes constitute a large number of disputes taken to court, which adds to the impact of the rules governing the progress of trials for these disputes.
Conclusion: This outcome is consistent with the objective intended to be achieved, but is incomplete referring to the laws that will need to be analyzed. It does not contain provisions for all laws that have a substantial impact on its implementation, such as the Code of Criminal Procedure, the Civil Code and the Law on Commercial Enterprises. In addition to such provisions, the outcome should contain specific measures aimed at reviewing these laws, similar to the measures provided for laws that are already posted as part of the outcome.