NightStar/Founder
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Post by account_disabled on Jan 3, 2024 8:21:19 GMT
Aact during the working hours violates the constitutional provisions of art. and art. . In this sense it shows that in the case of submitting a procedural document to the court by means of communication such as fax or email the term expires at the end of the courts working hours while for persons in identical situations who submit that act by registered letter in another place the term expires later. . It is claimed that free access to justice is violated by conditioning the sending by fax or email of procedural documents only during the working hours of the court. Appreciates that this conditioning is not proportional to the intended purpose under the conditions in which by art. of the.Civil Procedure Code the same condition is Country Email List not imposed for procedural documents sent by post or courier. . Therefore it considers that there is no reasonable ratio of proportionality between the requirements of general interest regarding the good administration of justice and the protection of the fundamental rights of the individual the criticized legal provisions consecrating an imbalance between the two competing interests. . The Iai Court Second Civil Administrative and Fiscal Litigation Section assesses that the invoked exception of unconstitutionality is unfounded. 
The criticized legal provisions do not affect the deadline for declaring the appeal because there is the possibility of filing the procedural document by post or by express courier and after the end of court hours. The reason imposed by the legislator that the request sent by fax or email should be during office hours is precisely so that the procedural document receives a definite date on the same day it was submitted to the court. . t. para. from Law no. the notification act was communicated to the presidents of the two Chambers of the Parliament the Government and the Peoples Advocate in order to.
The criticized legal provisions do not affect the deadline for declaring the appeal because there is the possibility of filing the procedural document by post or by express courier and after the end of court hours. The reason imposed by the legislator that the request sent by fax or email should be during office hours is precisely so that the procedural document receives a definite date on the same day it was submitted to the court. . t. para. from Law no. the notification act was communicated to the presidents of the two Chambers of the Parliament the Government and the Peoples Advocate in order to.