Reflexiones sobre los principios de celeridad, imparcialidad y eficiencia en el Código General del Proceso

Abstract

The present article reflects on certain provisions of the General Procedural Code in which the legislator has sought to make procedural steps swift and efficient, and the possible disadvantages of applying these rules in terms of affecting the principles governing procedural activity. To this end, and based on a dogmatic methodology, the principles of speed, impartiality and efficiency are analysed with a view to determining their scope and application parameters. Subsequently, the most relevant regulations that seek to materialize these principles are addressed, as well as the powers granted to the judge, as director of the process, to meet the goals set by the Legislator regarding celerity and efficiency. This analysis allows for the delimitation of the role of the judge within the General Code of Procedure, and proposes a reflection on how effective, proportional and useful some of the rules established by the procedural legislator can be to achieve a more expeditious and efficient administration of justice, and which can serve as a tool for litigants and officials of the Judicial Branch. The analysis concludes that the new code imposes greater demands on judges and grants them inquisitive powers that must be applied consistently and justifiably in order to achieve a balanced materialization of the principles of efficiency, speed and impartiality.