The Observatory operates within the Faculty of Law and aims to analyze regulations, bills, and rulings related to all procedural, administrative, and judicial reform matters. To this end, it will promote debate, conduct field studies, compile statistics, and develop various proposals with citizen participation. As its first initiative, following the landmark Supreme Court ruling in the “Levinas” case, the Observatory has created a free downloadable guide that provides clear instructions on the steps to take after the introduction of a potential new appeal before the Superior Court of Justice of the Autonomous City of Buenos Aires in cases currently before the ordinary National Courts.
Buenos Aires, January 29, 2025 – The Faculty of Law of the Universidad Austral created the Observatory of Procedural and Justice Reforms (ORPJ). Among the Observatory's main objectives are: the analysis of various draft bills, bills and regulations at the provincial, national and international levels related to procedural, procedural or judicial reform issues; the carrying out of field studies and statistics; the issuance of opinions; the development of proposals for the modernization and transparency of the Judiciary; the promotion of citizen participation, institutional strengthening and State policies for the improvement of Justice.
On December 27, 2024, the Supreme Court of Justice of the Nation (CSJN) issued the sentence in the case “Ferrari, María Alicia v. Levinas, Gabriel Isaías re: incident of incompetence”This ruling establishes a significant change in the appeals process applicable to judgments issued by the National Courts of Appeals with ordinary jurisdiction located in the Autonomous City of Buenos Aires. The jurisprudence stemming from this ruling introduces a new level of appeal before the Superior Court of Justice of the Autonomous City of Buenos Aires (TSJ) before a case can reach the Supreme Court of Justice of the Nation (CSJN). As a consequence of this landmark decision and its significant impact on numerous lawsuits, the Observatory, as its first initiative, prepared a guide for lawyers and litigants explaining the new appeals process.
The instructions provide a clear guide on the steps to follow for challenging the judgments issued by the Chambers of the National Justice System, thus facilitating adaptation to the changes established by the Supreme Court.
“The recent court ruling in the case Levinas This impacts all trials before the ordinary national courts (in civil, commercial, labor, and criminal matters) where a ruling from the Court of Appeals or the final ordinary instance has not yet been issued. This is a reality that litigating attorneys must accept, regardless of personal opinions on the matter, and defend their clients without room for error. However, as with any change, doubts arise, not only procedural but also operational. "With our team, we focused on the practical aspects and challenges that lawyers and litigators will face from now on, and we are publishing this first contribution as a guide," emphasized Gustavo Calvinho, PhD in Law and Director of the Observatory and the Master's Program in Procedural Law at the [unspecified institution/unspecified institution]. Universidad Austral.
The document can be viewed and downloaded at https://cg0y.short.gy/L4sxD1
