topic of procedural law

Question 1

WHAT IS PROCEDURAL LAW?

Answer 1

It is not another branch of law. It is a set of norms that search for the legitimation and effectiveness of law. We need some guidelines and principles that assist courts to know how to understand and implement the laws of the country.

Procedural law is a guarantee of the effectiveness of legal norms, such as criminal, civil, administrative laws.

Question 2

WHICH ARE THE ELEMENTS OF PROCEDURAL LAW?

Answer 2

1º JURISDICTION 
                  >>Constitutional 
                  >>Functional
2º ACTION
3º PROCCESS

Question 3

WHAT IS JURISDICTION

Answer 3

states need to give domestic courts jurisdiction/ sovereignty over civil and political matters in order to be able to prosecute and deal with issues in the society. That jurisdiction is often given by the consitution or by joining international agreements. This way, domestic courts can do their jobs.
Basically, it is the power exerciced by a jurisdictional body.

Question 4

WHAT KIND OF JURISDICTIONAL BODIES DO WE HAVE?

Answer 4

> DOMESTIC COURTS
HYBRID COURTS
INTERNATIONAL COURTS
THIRD-COUNTRY COURTS

Question 5

WHAT IS UNIVERSAL JURISDICTION?

Answer 5

it refers to the idea that a national court may prosecute individuals from serious crimes against international law, (crimes against humanirty, genocide, war crimes)– based on the prinicple that such crimes harm the internaitonal community, and states have the obligation to protect.

Question 6

WHICH ARE THE THREE MAIN PRINCIPLES IN UNIVERSAL JURISDICTION?

Answer 6

1º PRINCIPLE OF TERRITORIALITY
2º PRINCIPLE OF EXTRATERRITORIALITY
3º COMPLEMENTARY PRINCIPLE

Question 7

PRINCIPLE OF TERRITORIALITY

Answer 7

it is the jurisdiciton that a domestic court has over the crimes that have happened in its territory. The court prosecute based in its own laws and in its territory

Question 8

PRINCIPLE OF EXTRA-TERRITORIALITY

Answer 8

the jurisdiction of a domestic court to prosecute and judge a case that has happened outside its territory, based on its laws. The elements that must follow the case are: that the citizen is spanish/ spain has some interests in the case / universal jurisdiction

Question 9

COMPLEMENTARY PRINCIPLE

Answer 9

it is the principle that allows the domestic court to pass the judgement to the ICC because it is unable or unwilling to prosecute and follow the investigation. In the case of a new state that has had an authoritarian government or some bad situations, and have some challenges or the judicial system is not independent enough, then, the ICC can help.

Question 10

WHAT ARE THE GACACA TRIALS IN RWANDA?

Answer 10

it is a truth commission + community council + domestic court in Rwanda. It seeks to resolve domestic conflicts. However, becasue domestic courts often lack of resources or undergo through domestic issues, it is not perfect

Question 11

SOLE TRANSITIONAL PROVISION

Answer 11

2014 SPANISH Law that dismiss all the cases that do not fulfill the legal requirements imposed by the law by the time its entry into force (law of 2003 that said that spainish courts would not prosecute international cases, unless the offender was spaniard, or the crime was committed in spain)

Question 12

JUDICIAL REVIEW PROCEDURE

Answer 12

the annulments of final judgements. The annulment of judgements//sentences in which an individual judicial decision disappears, either by means of a judicial decision or a extraordinary situation