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The Venezuelan jurist Allan Brewer-Carías defends in a congress of the UMU the Constitution of his country and the need to apply it (09/02/2019)

The last day of the 'XIV Congress of Professors of Administrative Law' of the University of Murcia has offered a comparative vision of administrative justice in Spain and Latin America with the participation of the president of the Chamber of contentious matters of the Supreme Court, Luis María Díez Picazo , and of the Venezuelan jurist Allan Brewer-Carías.

The balance that Díez Picazo makes of the twenty years of application of the Law is positive, although it coincides with the voices that consider necessary the generalization of the double instance in contentious matters for "the efficiency of the system".

"We are giving more human and technical resources to the less important issues," he said.

For its part, Brewer-Carías recalled that in Latin America there is a tradition of State control and administrative jurisdiction as there is in Spain, since "the development of the modern legal system has been parallel since the early nineteenth century."

Yes he regrets that judges in Latin America have not always had the ability to apply the law for different political situations such as Venezuela, "where the judiciary has no autonomy or independence for twenty years."

Regarding his country, Carías defends that "we must apply the constitution we have had for twenty years because it was violated from the first day, we must not change anything, but apply it."

In this sense, he is optimistic saying that "now we are very happy because the world has realized what we were saying, that this is a dictatorship." The current situation leads me to say that a month ago we were very bad, but now We are going well, I hope the process continues, let us have faith and confidence that in Venezuela, with international support, we will overcome the situation of oppression. "

Brewer-Carías has also highlighted that at the beginning of the 21st century there has been a great influence of the Spanish doctrine on contentious legislation in countries like El Salvador, especially by the hand of jurists like Eduardo García de Enterría or Jesús González Pérez .

In any case, he himself was a precursor of the joint work between professionals from both sides forty years ago.

On the other hand, in his speech on 'The challenge of technological innovation in the Contentious-Administrative Justice', the professor of the University of Alicante, Rubén Martínez, has assured that "technological innovation will allow to increase the efficiency and the institutional leadership of justice, "and has criticized that most of the budget for technological modernization" is used to buy hardware when what you have to do is buy software. "

The objective of their proposals is, among others, "to invest in the development of powerful judicial search systems designed from the privacy to avoid problems and cases such as the one that occurred with La Manada, in which personal data could be accessed".

Among other proposals that have been made in this congress to improve the effectiveness of contentious justice, are those of the lecturer at the University of León, Ana Belén Casarés, who believes it is necessary to "draw up an identification list" of precautionary measures to ensure efficiency of the effect of the sentence, because in many occasions "it is thanks to these precautionary measures when the judge can dictate sentence".

On the other hand, the professor of the Complutense University of Madrid, has remembered the need to reduce the terms of judicial resolution in environmental matter, where it takes five years on average;

or in taxes, with an estimated time of resolution of twenty-five months.

In its XIV congress, the Spanish Association of Teachers of Administrative Law (AEPDA) wanted to look at twenty years ago to take stock of the law that modernized administrative justice in Spain and define the challenges that can arise to improve the legal guarantee to the citizenship when the administration exceeds its functions.

More than 250 jurists from all over Spain have joined in this edition that has been held with the collaboration of the University of Murcia.

Source: Agencias

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