electronic Notices
Reviewing the Congress website I came across a bill introduced by the Judiciary which proposes creating an electronic notification law for all judicial processes (except those in criminal matters), seeking a uniform regulation to create the title III-A in the third section of the TUO of the Organic Law of Judicial Power. As you know, Article 163 of the Civil Procedure Code provides that electronic communication can be a choice of part next to the notice by ballot, but this option was unrealistic in the absence of a system designed.
However, the amendment made by the D. Leg. No. 1067, the Law on Administrative Dispute Process came to be seen in Article 28 of the electronic notification as required for most decisions except those expressly set forth. In this particular case, in the last two years the Executive Council of the Judiciary has issued several administrative orders in order to regulate the issue, currently in administrative litigation process is required that the parties appropriate the electronic box. Furthermore, Article 13 of the New Law Procedural Labour (Law No. 29 497) also provides for compulsory notification electronically. Currently the law is in force since 16 July in the judicial district of Tacna and from 16 August in the judicial district of Cañete, but do not know if electronic reporting is already being effectively employed.
Indeed, it is worth noting that the draft presented to Congress was conceived originally commissioned by the Judicial Branch Dr. Walter Gutierrez, with whom I had the opportunity to work the project was sent to the Staff of the Presidency Judicial. However, there were removed some provisions that we believe were very important, and added others that had not contemplated. However, the main patterns we create for the success of the legislation remained, such as amending the TUO of the OLJ, the small number of events to be notified by card (even if they had proposed a much smaller amount) the proceeds of the notification when they can be submitted electronically and electronic notification optional.
The project, which is in the Committee on Justice and Human Rights can be read here and I am sure that, if approved, will mean a profound change in the effectiveness of the Peruvian process. Hopefully that in the coming days to share some thoughts with bloggers about the proposed regulation. In the meantime, I welcome your comments.
However, the amendment made by the D. Leg. No. 1067, the Law on Administrative Dispute Process came to be seen in Article 28 of the electronic notification as required for most decisions except those expressly set forth. In this particular case, in the last two years the Executive Council of the Judiciary has issued several administrative orders in order to regulate the issue, currently in administrative litigation process is required that the parties appropriate the electronic box. Furthermore, Article 13 of the New Law Procedural Labour (Law No. 29 497) also provides for compulsory notification electronically. Currently the law is in force since 16 July in the judicial district of Tacna and from 16 August in the judicial district of Cañete, but do not know if electronic reporting is already being effectively employed.
Indeed, it is worth noting that the draft presented to Congress was conceived originally commissioned by the Judicial Branch Dr. Walter Gutierrez, with whom I had the opportunity to work the project was sent to the Staff of the Presidency Judicial. However, there were removed some provisions that we believe were very important, and added others that had not contemplated. However, the main patterns we create for the success of the legislation remained, such as amending the TUO of the OLJ, the small number of events to be notified by card (even if they had proposed a much smaller amount) the proceeds of the notification when they can be submitted electronically and electronic notification optional.
The project, which is in the Committee on Justice and Human Rights can be read here and I am sure that, if approved, will mean a profound change in the effectiveness of the Peruvian process. Hopefully that in the coming days to share some thoughts with bloggers about the proposed regulation. In the meantime, I welcome your comments.
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