What are judicial appeals?
Legal remedies are legal mechanisms that allow a party to challenge non-final court decisions where they are considered by one of the parties to be incorrect, unfair or contrary to their interests. Through these remedies, a request can be made for a court – usually a higher court – to review the decision in order to correct any errors of fact or law. There are different types of appeals, depending on the area of law and the legal proceedings.
Classification of judicial remedies
Generally speaking, judicial remedies are divided into two broad categories: ordinary and extraordinary remedies, and devolutive and non-devolutive remedies.
Ordinary appeals
These remedies may be brought against any type of judicial decision and do not need to be based on specific grounds provided for by law. Among the most common ordinary remedies are:
1. Appeal
- The appeal is one of the most commonly used remedies in civil, criminal, administrative and labour law. It allows a decision issued by a court of first instance to be reviewed by a higher court. The purpose is to reassess both the substance of the judgement and the factual and legal grounds on which it is based.
- It may be lodged where a party considers that the judge has erred in the interpretation or application of the law, where procedural rules have been breached, or where there has been an error in the assessment of the evidence.
- This appeal is devolutive, as it is decided by a court other than the one that issued the contested decision.
2. Application for reconsideration
- An application for reconsideration is lodged with the same court that issued the contested decision. This application is brought against decisions other than the final judgement and seeks to have the judge reconsider their decision.
- It is common in administrative and contentious-administrative proceedings.
- It is a non-devolutive appeal, as it is decided by the same body that issued the contested decision.
3. Appeal for amendment:
- An application for amendment is lodged with the same court that issued the contested decision, in criminal proceedings, provided that the body was a single-judge tribunal. This application is lodged against decisions other than the final judgement and seeks to have the judge reconsider their decision.
- It is a non-referral appeal, as it is decided by the same body that issued the contested decision.
4. Appeal by petition:
- An appeal for reconsideration is lodged with the same court that issued the contested decision in criminal proceedings, provided that the court was a collegiate body. This appeal is lodged against decisions other than the final judgement and seeks to have the judge reconsider their decision.
- It is a non-referral appeal, as it is decided by the same body that issued the contested decision.
5. Complaint
- A complaint is lodged when a lower court refuses to allow an appeal or a cassation appeal to proceed. In this case, the complaint is lodged with the higher court requesting that it reconsider the refusal to allow the original appeal, with the aim of having it admitted and the proceedings continued.
- It is a devolutive appeal, as it is decided by the court to which the dismissed appeal was originally addressed.
Extraordinary appeals
Extraordinary appeals require certain additional conditions to be met and may only be lodged in specific circumstances. Some of the most significant extraordinary appeals are:
Appeal on points of law
- An appeal on points of law is an extraordinary appeal lodged with the Supreme Court to review a judgement handed down by a lower court. Its aim is to ensure the correct application and interpretation of the law. It serves to establish case law.
- This appeal does not assess the facts of the case, but rather reviews the correct interpretation and application of the law.
- It is a devolutive appeal, as it is decided by a different body from the one that handed down the original judgement, namely the Supreme Court.
Appeal by petition:
- The appeal by petition is a type of appeal specific to labour law, in which the higher court cannot reassess the evidence or review the applicable law of its own motion; the appellant must specify the proven facts which they seek to alter, remove or add to, and detail the provisions they consider to have been infringed by the contested decision.
- It is a devolutive appeal, as it is decided by the High Courts of Justice.
What should you know before lodging a judicial appeal?
Before lodging a judicial appeal, it is important to bear certain aspects in mind. The time limits for appealing are usually strict and vary depending on the type of appeal and the area of law. Furthermore, in the case of extraordinary appeals, they must be based on legally prescribed grounds.
How long can it take for a judicial appeal to be resolved?
The answer to this question depends on the type of appeal and the court hearing the case. For example, an appeal may take several months, whilst a cassation appeal, being more complex, may take up to a year or more to be resolved.
Conclusion
Legal appeals are essential tools for ensuring justice in the judicial process, given the potential for human error on the part of judges. From ordinary appeals to extraordinary appeals such as cassation, each serves a specific purpose and requires a detailed knowledge of the law.
If you are considering lodging a legal appeal or need to know more about how they work, a Degree in D and Law can provide you with the skills needed to understand and successfully navigate these legal processes.
