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December 12, 2018


On December 10 and 11, JSCA Research and Projects Director Marco Fandiño and research attorney Matías Sucunza participated in two meetings with the Inter-Branch Commission for Procedure Reform of Civil and Commercial, Family, Labor and Contentious-Administrative Justice in Chubut Province, Argentina.


During the visit, they also met with Dr. Mario Vivas, the Vice President of the Superior Court for Chubut Province and President of the Inter-Branch Commission, who reiterated his commitment to completing the commission’s term with a General Procedure Code bill for Chubut.

 

The Commission was created on February 28, 2018 (Decree No. 1209/17) and is composed of representatives of the province’s three branches (Executive, Legislative and Judicial). Its mandate is to create a non-criminal justice reform bill, and it has one year to do so.


A cooperation agreement was signed between JSCA and the Commission so that the Center may provide technical assistance for the process of drafting the regulation and the comprehensive design and planning of the reform, including training processes that will be completed during 2019. This cooperation has been possible through the project Improving Access to Civil Justice in Latin America,financed by Global Affairs Canada, which is currently in its fourth year of execution.


“Argentina is experiencing a true explosion of civil justice reforms that seek to address an historic deficit in this area of the judicial system. Unfortunately, the procedure reform efforts undertaken thus far have not been very ambitious in scope and have been limited to regulating the oral hearings system. While this does represent progress in regard to moving away from the written system, there is a need for greater innovations such as judicial case management, comprehensive regulation of individual and collective dispute management mechanisms or the fulfillment of the constitutional mandate of trial by jury in civil disputes of greater social relevance. We trust that the future Chubut General Procedure Code will not only be one of the most innovative reforms in Argentina, but will have such status at the regional level as well, moving the country towards the situation of the countries that have made the most progress in this area, such as Brazil.” Marco Fandiño


“Chubut province has a unique opportunity to promote a paradigm shift and situate itself on the cutting edge of non-criminal justice reform. This shift would include a comprehensive view of the system and take up conflicting procedural traditions, expand access to justice in personal and citizen terms, improve transparency and accountability, and give all operators a key role in the resolution of individual or collective disputes. The change must not only be cosmetic- it must be structural. It must not be limited to changing rules, but should include rethinking the very organization of the justice system and the type of practices that build it through the introduction of a formal regime of incentives and adequate disincentives.” Matías Sucunza

 

 

 

 

 

 

 

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