DOS OBSERVACIONES EN MATERIA DE RECURSOS EN TORNO AL DERECHO FORAL ARAGONÉS.

Abstract

The first observation refers to Aragonese Law 4 of 2005 regulating appeals to a higher court. The starting amount at which appeals after execution of judgment such as this can be made has been drastically reworked to enable the High Court of Justice of Aragón to hear the highest possible number of such appeals in matters of special Aragonese jurisdiction. For the same reason the channels of access to this type of appeal have also been retouched, as is commented upon favourably in the article. The second observation refers to the Directorate-General's Decision of 14 June 2005 upon an appeal from a registrar's decision, where Aragonese jurisdictional law was debated. The decision held that when the Statute of Autonomy was amended in 1996 the Aragonese judicial authorities lost their competence to decide upon such appeals. In opposition, the article mentions some Supreme Court decisions under which the cutback in powers under the Statute was due to a mere error of legislative technique that can be corrected in judicial interpretation. Therefore, the High Court of Justice must continue to hear civil appeal cases where matters of special regional jurisdiction are at issue. This stance, which is considered correct, is that which must be applied in the decision on the appeal from the registrar's decision, for the sake of consistent standards.