Summary of I Seminario de Litigación Oral y Contencioso Administrativo. Dr. Oscar González Camacho

00:00:00 - 00:30:00

This video discusses the importance of oral discourse in legal and administrative processes, and how it is returning to its historical roots based on common sense and away from procedural erudition. Dr. Oscar González Camacho argues that the current system of hearings is obsolete and that the Spanish model of oral justice is the correct model for the 21st century. He also reminds the audience of the basics of oral justice, including the role of breaking the ruling, the importance of unification of jurisprudence, and the recurrence of the French phrase "to achieve justice, one must first understand the law."

• 00:00:00 The video discusses the oral and administrative litigation seminar given by Dr. Oscar González Camacho, a law professor at the Universidad Autónoma de Madrid. Dr. González Camacho discusses the first day of the seminar, which ended with a 0-0 tie. He then gives the good news that if he does not continue to consume time with these preliminary remarks, the expositions will be shorter. He goes on to say that although he took only 15 minutes to deliver his expositions, he thanks everyone for their attendance. He then discusses the difficult topic of protocol, and after thanking those who have invited him to speak, he shares his thoughts on the casación, which he says is one of the most difficult moments of his life. He then goes on to discuss the legal principles at play in the case, but omits to mention the relevant legal standards. He ends the seminar by discussing the tardiness of the evidence, which he says makes it inadmissible. He also addresses new arguments, which he says are inadmissible because they are not supported by the law. He finishes with a traditional stanza, which he pulls from some of his previous rulings. He then asks the audience to remember that the casacion
• 00:05:00 Dr. Oscar González Camacho discusses the importance of oral justice in the 21st century, and how the Spanish model of oral justice - which seeks to adhere to legal principles and formalism while avoiding extraneous argumentation - is the correct model for the current system of hearings. He also reminds the audience of the basics of oral justice, including the role of breaking the ruling, the importance of unification of jurisprudence, and the recurrence of the French phrase "to achieve justice, one must first understand the law."
• 00:10:00 The speaker discusses the pros and cons of the current case-by-case litigation model, which he believes is obsolete for the oral argument model. He argues that the caselaw is filled with formal ways of avoiding the more contentious issue at hand, and that this style of debate is no longer acceptable to a citizen who expects his government to be transparent. He goes on to say that it is a shame that the appeal process does not work, and that this is an injustice because it forces poor people to go through the same ordeal over and over again. However, he concedes that the appeal does not work and offers an explanation for this: the written decision is too imposing, preventing the parties from engaging in a meaningful debate. The oral argument model, he argues, would be better equipped to deal with this problem since it would allow for the orderly transfer of information in the courtroom. He ends the talk by discussing the importance of technology in the courtroom, and reminds the audience that the oral argument model is no longer available.
• 00:15:00 The speaker discusses oral justice, discussing how oral hearings differ from written hearings and how they are still video and audio recordings when they are working. The speaker also talks about how oral justice is not necessarily related to the admission and evaluation of evidence, noting that there are different theories on the matter. He goes on to say that oral justice is two different things and that they are related but should not be confused. The speaker then talks about the judicial system and how many decisions a judge must make and how new decisions must be made. He also talks about the need for efficiency and how the judicial system should be based on a code of conduct that is applied in written proceedings. The speaker finishes by talking about how the code of conduct should be applied in oral proceedings as well.
• 00:20:00 Dr. Oscar González Camacho discusses the importance of oral and civil litigation, and how the objectives of the relevant law have been achieved. He also discusses the danger of individuals clinging to their fears and how the legal system can be improved by breaking out of traditional paradigms. He concludes by saying that true liberation of the judicial process will come when those in charge abandon their ideological positions and instead work to build new, more sensible models.
• 00:25:00 In this video, Dr. Oscar González Camacho discusses how the CPA should be reformed in order to make it more efficient and fair. He also discusses how open and democratic court proceedings are essential to ensuring that the rights of the citizen are protected.
• 00:30:00 This video discusses the importance of oral discourse in legal and administrative processes, and how it is returning to its historical roots based on common sense and away from procedural erudition. It is true that we complain about the state of legal proceedings too much--things could be much better, but nobody will argue that they're not already quite good, at best. And nobody is going to debate that legal offices are not well-trained and parking is scarce. What we need is a transformation of the way we prepare ourselves mentally for professional training and breaking away from old paradigms. The process is nothing more than a mechanism for resolving conflict in a way that is most proximate to the truth and the closest possible approach to justice. If this doesn't work, then it's worthless, and we should not be here so late in the evening.