The court of Valencia that is dedicated exclusively, at the provincial level, to meet the demands on abusive clauses in bank loans records about 50 issues daily. In total, since its start-up on June 1, 2017, it has recorded 8,400 claims, of which 4,000 are pending to be opened.
This was announced Thursday by the dean of the judges of Valencia, Pedro Viguer, at a press conference in which he presented the statistical data corresponding to the activity of the judicial organs of the capital during 2017.
“The year 2017 has been really complicated for the Courts of València”, has begun saying Viguer, who has stopped to evaluate the data of the Court of First Instance number 25 of the city. He explained that since June he has been dealing exclusively with claims about abusive clauses -related to the clauses of land, early maturity, default interests and expenses claim-.
From June 1 to February 1 has registered 8,400 lawsuits – only 1,700 in the month of September – to request the nullity of these clauses, the majority related to mortgage expenses. With these data, there are hearings and trials scheduled until September 27, 2018, some 3,000, and there are another 4,000 pending cases.
Currently this court has a judge and three other strengthening and soon will be another magistrate. It is planned, according to Viguer, that each dictates between 900 and 1,000 sentences a year.
The “problem”, the dean commented, is that the judges of reinforcement will swear their position in a few weeks and they do not know the magistrates that they will have then for the court. Positioning itself in a positive scenario, if it continues to have five judges, it will be possible to move forward some 5,000 cases annually against an entry of issues between 12,000 and 14,000.
Likewise, this judicial body has six interim officials, who have “a lot” of work with the processing of procedures and the notification of sentences, “more than 300 a month”, and thus the initiation is somewhat resented. For that reason they have requested three more officials to the conselleria.
In general, the Valencia courts of First Instance have registered 40,378 cases in 2017, of which 7,500 claims of abusive clauses have to be discounted. In foreclosures there has been a notable decrease compared to other years, since 337 procedures have been registered in 2017 compared to 1,753 in 2009. On the other hand, the executions of other extrajudicial titles involved 7,500 claims; Eviction judgments 1,827; and the 10,076 monitoring processes.
Viguer has made reference at this point to the contests of natural persons, who have added 47 in all 2017, a figure that shows that “something does not work,” he said. The dean recalled that this is a possibility included in the Second Chance Act that allowed for the exemption of debt to debtors who, as a result of the crisis, had lost everything and were still carrying debt for life.
However, this type of procedure “has not been very useful” in Valencia due to the small number of registered cases. “The procedure is extraordinarily complex and does not follow the recommendations of the European Union, which called for a simple and agile procedure,” he said.
For its part, the Courts of Violence against Women registered 4,171 cases in 2017, which represents an increase of 2% compared to the previous year. “Performing a calculation in the judicial district of Valencia, this means a demand for gender violence for every 2,000 people,” said Viguer.
Likewise, the Social Courts have annotated 17,295 cases last year and dismissal demands totaled 6,690; Family Courts registered 6,790 procedures, about 1,700 per court; those of Mercantil added 3,565 cases, entering 445 by bankruptcy; those of Penal 7.000; those of Executives 10,000 and those of Contentious-Administrative 7,399 procedures. For their part, the Examining Magistrates wrote down 45,576 cases.
“HUGE NEED OF MEANS”
Viguer said there is a “huge need for means” in Justice and regretted that “nothing changes”: “It is discouraging to see how year after year there is little interest in the Administration of Justice,” he added.
In this line, he has criticized the “insufficiency” of the budget, the creation of courts and the convocation of oppositions. It has also complained that the Judiciary is economic dependent, that is, that it depends on the economic resources given by the Executive Power.
Asked for his opinion on the possibility of the Ministry of Justice implanting in the courts the Avantius computer system, Viguer has replied that he is in favor of the digital file “but we must do things well, not with systems of telematics presentation of writings or another nature that are constantly giving failures, “he said.
“The Avantius, because of the news that I have, is working reasonably well, I hope that a similar system will be implemented here, the references that come to me are quite good,” he said.
“GO IN THE SALARY”
On the other hand, Viguer, questioned by his opinion about criticism of the judges of the Superior Court of Justice of the Comunitat Valenciana (TSJCV) for his lack of independence in some resolutions relating, for example, to the matter of the concerted centers, has answered: “It goes in the salary”.
And he added: “We are very clear that our resolutions will not please all recipients, but we must continue to do our work with independence and impartiality and hear rain outside through the window.” We are table-stretchers and flexo “, he has apostilled.