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  3. Ley de Enjuiciamiento Civil (L.E.C
  4. Legislación consolidada
  5. Agencia Estatal Boletín Oficial del Estado

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Before and at arrival into the adoptive home. J Pediatr Health Care, 11 , pp. Part 2: chronic care long-term medical issues. Hostetter, S. Iverson, W. Thomas, D. McKenzie, K. Dole, D. Medical evaluation of internationally adopted children. Initial medical evaluation of an adopted child. Pediatrics, 88 , pp.

Can J Nurs Res, 30 , pp. Infectious diseases in internationally adopted children: Findings in children from China, Russia, and Eastern Europe. Adv Pediatr Infect Dis, 14 , pp. Albers, D. Johnson, M. Iverson, L. Health of children from the former Soviet Union and Eastern Europe. Comparison with preadoptive medical records. Jama, , pp. Intercountry adoption: a need for mandatory medical screening.

J Law Health, 11 , pp. Johnson, R. Edwards, H. Foster care and adoption policy in Romania: suggestions for international intervention. Child Welfare, 72 , pp. Accreditation of those who arrange adoptions under the Hague Convention on intercountry adoption as a means of protecting, through private international law, the rights of children.

J Contemp Health Law Policy, 12 , pp. Infectious disease and the internationally adopted child. Curr Opin Infect Dis, 6 , pp. Johnson, L. Miller, S. Thomas, B. Franchino, K. Dole, et al. Initial assessment of growth, development, and the effects of institutionalization in internationally adopted children. Altemeier 3rd. Growth charts, low birth weight, and international adoption. Miller, M. Kiernan, M. Mathers, M.

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Developmental and nutritional status of internationally adopted children. Arch Pediatr Adolesc Med, , pp. Miller, N. Pediatrics, , pp. E76 Medline. Bureau, C. Maurage, M. Despert, J. Arch Pediatr, 6 , pp. Nicholson, B. Francis, E. Mulholland, A. Moulden, F.

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Health screening of international adoptees. Evaluation of a hospital-based clinic. Med J Austr, , pp. Long-term medical issues in international adoptees. Arch Pediatr, 7 , pp. Tuvemo, J. Gustafsson, L. Growth hormone treatment during suppression of early puberty in adopted girls. Swedish Growth Hormone Advisory Group. Acta Paediatr, 88 , pp.

Benoit, L. Jocelyn, D. Moddermann, J. Romanian adoption. The Manitoba experience. Tuvemo, L. Girls adopted from developing countries: a group at risk of early puberal development and short final height.

Ley de Enjuiciamiento Civil (L.E.C

Implications for health surveillance and treatment. Ann Med, 25 , pp. Proos, Y. Hofvander, K. Wennqvist, T. A longitudinal study on anthropometric and clinical development of Indian children adopted in Sweden. Clinical and anthropometric condition al arrival. Ups J Med Sci, 97 , pp. The civil justice system is organised in judicial districts with single judge courts, including courts of first instance a few of them specialised in family matters in big cities and others also in charge of criminal enquiries in some small cities and commercial courts, and 95 collegiate bodies, i.

The number of judges is 3,, although the figure includes all judges dealing with civil and criminal matters. All in all, the percentage of members of the judiciary per , inhabitants is In civil courts handled 1,, incoming cases, resolved 1,, cases, and left pending 1,, cases, and , judgments were pronounced. As to enforcement of judgments, in civil courts received , incoming cases, resolved , cases, and left 2,, cases pending at the end of the year. However, these data have been heavily criticised on account of the planning and design survey. The point made by this criticism is worth being pursued to the extent that an inappropriate design survey does not provide a real picture of the Spanish justice system, i.

In a similar vein, it is not easy to calculate the real length of the procedure due to the lack of accurate statistical official information. According to the same source provided by the CGPJ, the length of the procedure in courts of first instance was about 7. In commercial courts such a length is much longer and has been steadily growing from As to the second instance, the average duration is around 6 months for the same period. Even with all abovementioned caveats, these figures justify the need of more judges in Spain and provide the background against which to assess the measures undertaken by the Government in the age of austerity and that are examined in the third part of this article.

But there may be more reasons behind the length of the procedure and one of them could be the amount of paper to be handled by courts. Coordination depends on the Central Government and Action Plans have been issued with this goal in task, but the issue has not been completely solved yet. The more expensive, the more difficult is to get access to justice. In order to assess other measures undertaken in the age of austerity, a brief reference to the average costs of civil procedure in Spain, which are very variable, seems to be necessary.

However, other costs are not recoverable from the litigant who loses, i. Other exceptions where the assistance of a lawyer is not mandatory concern particular actuations, namely, the initial application for an order for payment, the application for taking part in proceedings already initiated, or requesting urgent measures before the beginning of proceedings or the urgent suspension of a hearing or particular events.

In addition to a lawyer, parties to proceedings need a procurador.

Los servicios de interpretación a disposición de las mujeres inmigrantes maltratadas

Anyway, parties to a civil proceeding must be represented by a procurador along with a lawyer save some cases as well, 15 x See Art. Despite these fees, the standardisation of procedure with the aim of cost reduction does not seem to be on the legal agenda, 16 x See on this trend Kramer and Kakiuchi, above n. For example, a debtor natural person that intends to apply for a debt discharge is advised to fill in a standard form to request negotiations to reach an out-of-court restructuring plan and to provide the lists of her assets and liabilities. The use of standard forms is laid down in Art.

Apart from other exceptional cases, standard forms are mostly linked in Spain to the application of European Regulations. Unlike other countries where becoming a judge is the culmination of a successful professional career, the Spanish system requires applicants to pass qualifying exams that require extensive preparation and afterwards undergo a training period at a corporate school. Accordingly, becoming a judge is a long process in Spain, but one which is mostly undertaken by young bachelors: the average time of preparation is 4.

Noteworthy is that most of them have not worked before and those that have were not employed in the law field. Legal professionals such as lawyers with more than 10 years of practice may become judges passing a specific examination, but the abovementioned open competition is the usual door to enter into the judicial career. The latter has been largely contended on the grounds of mostly relying on a rote-learning approach to ensure that those selected meet the principles of merit and capability as required by the Spanish Constitution 19 x Art. Nevertheless, the debate between supporters and opponents has only led to a minor modification of the open competition, 20 x See as examples of these contradictory viewpoints G.

Legislación consolidada

Other changes have been proposed and were under discussion when the economic downturn broke out in Spain. Against this background, it is to highlight that the Spanish Constitution does not only lay down the principle of equality and the prohibition of any kind of discrimination, but also the obligation to promote the necessary conditions to make it feasible.

Accordingly, the establishing of a grant system has been discussed in recent years, 23 x See for all, M. As known, the Bologna Declaration promotes a system made of a bachelor degree and a master.

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Spain follows now this system, but only one professional master has been set up, by which entry to the legal professions of lawyer and procurador de los tribunales has been regulated. The case of judges has not been targeted yet, despite acknowledgment of this issue. See F. See discussing this issue L. Anyway, Spain has made a great effort to improve and modernise the judicial system in the last 30 years, including a relevant increase of the number of judges. Taking into account the abovementioned usual mode of becoming a judge, the need of incentivising applicants has also played a role in this, and a significant offer of judge positions has been made on a yearly basis for almost 20 years.

Since , the call for applications is made on a yearly basis. Despite this, the number of judges in Spain is still a low one compared to other countries in Europe. According to data provided by the CGPJ in , there are In fact, the economic downturn broke down the efforts already made to overcome this gap to the extent that one of the austerity measures adopted by the Government was the freeze of public employment.

Accordingly, while judge positions were offered in and , there was no call for applications in and only positions were offered in the years and Furthermore, the hiring of substitute or deputy judges to cover temporary vacancies of professional judges has been stopped as well. Noteworthy is that last statistics provided by the CGPJ showed a slight increase in the abovementioned rate in relation to that in See The Spanish Judiciary in figures , at The reasons have to be found in the loss of population undergone by Spain as a result of the economic downturn while a considerable number of legal persons has disappeared.

In a similar vein, legal reforms are shifting some competencies from judges to other legal professionals. While some of them can be contended, the number of cases to be handled by Spanish judges accordingly diminishes. And it is only this year that a slight increase in the budget has been promised. However, they were extended to every user of the judicial system in on the grounds that access to justice is a service and those interested in using it have to pay for it.

See criticism by C. Court fees were made up of a fixed 36 x See Art. As a matter of fact, the impact of these high court fees was especially clear in the access to the second instance putting in question the right to appeal. In general, the reform discouraged individuals from resorting to courts and endangered effective access to justice, 38 x Judicial statistics confirms that court fees discouraged access to justice, their impact being particularly relevant when it comes to challenging a judgment. In the number of incoming cases before courts of first instance was See Judicial Statistics, above n.

While court fees are not in principle against any constitutional right, it all depends on whether they impair access to justice due to their high amount. And when assessing these fees, it must be taken into account that the minimum salary in Spain is Noteworthy is that natural persons are now excluded from the payment of court fees. Legal aid covers all kind of procedures, including legal advice prior to the commencement of a proceeding.

Some legal persons are also granted legal aid when it comes to specific claims, such as consumer associations with a view to bringing collective actions before courts or in general, foundations and associations serving public interests. In order to get legal aid, applicants must basically meet two requirements, 48 x See Art.

CONSTITUCIÓN ESPAÑOLA 1978 1️⃣4️⃣ Título VIII 👉Administración Local y Comunidades Autónomas 👈

The income of the applicant must be less than twice this index when the family consists of only one person, two and a half when there are less than four family members, and three times in case they are more than four. While the general rule is that the right to legal aid is allocated according to the economic situation of applicants, a flexible mechanism of subjective appreciation has been established, allowing the exceptional recognition of the right to those whose economic resources exceed the abovementioned maximum and hence are not eligible for coverage, but whose personal circumstances make it advisable to granting them legal aid, provided that they do not earn more than five times the public revenue index.

The system is financed by the State, but carried out by the bar associations, and their General Council, the CGAE, regularly publishes statistics on the functioning of the system. In , mill. In mill. In contrast, the investment in the system has been increased a 1.