Post by account_disabled on Feb 14, 2024 20:38:15 GMT -8
The Supreme Court has allowed a social graduate to appear in that instance on behalf of a worker. According to the norm, these professionals can represent workers before the Justice in social courts and even before the superior courts of the autonomous communities. However, when a labor dispute reached the Supreme Court, the appellant must be defended by a lawyer. Unlike what has been published, the Supreme Court clarifies that this does not mean that defense by social graduates is allowed under conditions of equality with respect to a lawyer .
Economist & Jurist has been able to access the document, the content of which was advanced by the EFE Agency, in which the social graduate requested that she be Egypt Email List considered a person in the procedure, pointing out that otherwise it would imply a violation of the constitutionally protected principle of equality . Remember that article 21 of the Law Regulating Social Jurisdiction limits the access of social graduates to the Supreme Court and that they have, in this matter, training that is perfectly comparable or even superior to that of most lawyers in this regard. .
Specifically, article 21 of the LRJS establishes that "defense by a lawyer and technical representation by a collegiate social graduate will be optional in the instance. In the appeal, the litigants must be defended by a lawyer or technically represented by a collegiate social graduate. In the appeal and in procedural proceedings before the Supreme Court, the defense of a lawyer will be mandatory.
The current legal requirement of mandatory and exclusive intervention of a lawyer for the appeal of supplication is meaningless , since in many cases it is limited, in this case, to ratifying or signing what was done by the collegiate social graduate, who is the one who knows the matter, has intervened in the trial and has prepared the appeal," he states in the writing.
Sources familiar with the case explain that, in the document of appearance, both the representation and defense of the worker were requested and, on a subsidiary basis, if the appearance was not allowed, a lawyer from the firm was indicated to assume the defense. . The High Court responded that the social graduate is considered a person , although it does not indicate whether she does so only as a representative or as a representative and defender, how it was requested.
The Supreme Court maintains that a lawyer is mandatory
The Supreme Court has responded through a statement in which it maintains the need for proceedings before it to be carried out with legal professionals. «Social Graduates can act as representatives of the parties.
«The Presidency of this Fourth Chamber states the following: 1º) The provisions of the Law Regulating Social Jurisdiction (LRJS) on the need for technical assistance by a legal professional before the Fourth Chamber have not been modified by the Royal Decree-Law 5/2023. 2º) This Chamber has been admitting that people registered as practicing Social Graduates act, before it, representing natural or legal persons . However, in the appeal and in procedural proceedings before the Supreme Court, the defense of a lawyer is mandatory (art. 21.1 LRJS). 3º) In the matter that the media has recently talked about, the respondent company was represented by Graduada Social, but its brief of appearance was supported by a lawyer's signature . Hence, the Planning Diligence issued by the Secretariat considered that the corresponding procedure had been completed. 4º) This Chamber expressly expresses its respect for all legal professions contemplated by our procedural legislation and remains at your disposal.
Economist & Jurist has been able to access the document, the content of which was advanced by the EFE Agency, in which the social graduate requested that she be Egypt Email List considered a person in the procedure, pointing out that otherwise it would imply a violation of the constitutionally protected principle of equality . Remember that article 21 of the Law Regulating Social Jurisdiction limits the access of social graduates to the Supreme Court and that they have, in this matter, training that is perfectly comparable or even superior to that of most lawyers in this regard. .
Specifically, article 21 of the LRJS establishes that "defense by a lawyer and technical representation by a collegiate social graduate will be optional in the instance. In the appeal, the litigants must be defended by a lawyer or technically represented by a collegiate social graduate. In the appeal and in procedural proceedings before the Supreme Court, the defense of a lawyer will be mandatory.
The current legal requirement of mandatory and exclusive intervention of a lawyer for the appeal of supplication is meaningless , since in many cases it is limited, in this case, to ratifying or signing what was done by the collegiate social graduate, who is the one who knows the matter, has intervened in the trial and has prepared the appeal," he states in the writing.
Sources familiar with the case explain that, in the document of appearance, both the representation and defense of the worker were requested and, on a subsidiary basis, if the appearance was not allowed, a lawyer from the firm was indicated to assume the defense. . The High Court responded that the social graduate is considered a person , although it does not indicate whether she does so only as a representative or as a representative and defender, how it was requested.
The Supreme Court maintains that a lawyer is mandatory
The Supreme Court has responded through a statement in which it maintains the need for proceedings before it to be carried out with legal professionals. «Social Graduates can act as representatives of the parties.
«The Presidency of this Fourth Chamber states the following: 1º) The provisions of the Law Regulating Social Jurisdiction (LRJS) on the need for technical assistance by a legal professional before the Fourth Chamber have not been modified by the Royal Decree-Law 5/2023. 2º) This Chamber has been admitting that people registered as practicing Social Graduates act, before it, representing natural or legal persons . However, in the appeal and in procedural proceedings before the Supreme Court, the defense of a lawyer is mandatory (art. 21.1 LRJS). 3º) In the matter that the media has recently talked about, the respondent company was represented by Graduada Social, but its brief of appearance was supported by a lawyer's signature . Hence, the Planning Diligence issued by the Secretariat considered that the corresponding procedure had been completed. 4º) This Chamber expressly expresses its respect for all legal professions contemplated by our procedural legislation and remains at your disposal.