The exemption from procedural guarantees as a privilege of the Administration

the new deposit for appeal in the Organic Law of the Judiciary

Abstract

In November 2009, LOPJ was modified to establish the new socalled Judicial Office. This reform also sought to introduce a bunch of technical improvements in everyday running of Justice in order to achieve higher operative standards of quality, both in terms of staff, timetables and material resources. As an example, the new fifteenth additional provision of LOPJ set up a compulsory small amount deposit to be constituted before appealing a judgment. Such a measure tends to prevent irresponsible lodging of appeals and so, to reduce the number of affairs on Courts. This paper analyses a very particular point of this fifteenth additional provision, by means of which certain public entities, but not all of them, are exempted of paying such a fee. The impact of this provision on the general regulation of procedural privileges of public Administration will also be examined.