AIYON Abogados cooperates with the Master’s programme of the IME (Spanish Maritime Institute)

AIYON Abogados maintains its commitment to cooperate with diverse institutions and associations involved in the progress and application of maritime law in Spain, as well as with Universities and educational institutions engaged in the formation of future professionals of the sector. This is evidenced by our already consolidated relationship with the IME (Spanish Maritime Institute) over the last several years, teaching subjects that belong to our area of expertise.

This year, due to the lock-down, the partners of our Madrid and Bilbao offices, Ms. Verónica Meana and Mr. Mikel Garteiz-Goxeaskoa, gave their annual lecture at the IME through video-conferencing system.  In particular, the lecture was focused on the applicable wreck removal provisions and the Nairobi Convention (not in force in Spain), as well as on the Civil Liability for Carriage of HNS goods regime under the 2010 Convention (still to enter into force).

We hope the students enjoy the lectures in the same way as our partners do, and we are grateful for IME’s support and effort that makes possible that the formation continues also during the COVID-19 crisis.

 

 

Goodbye, Fernando

Yesterday morning we woke up to some very sad news, Mr. Fernando Meana Green passed away in Madrid on April 9th.

He had lifelong experience as a lawyer in the field of Maritime Law in Spain. For many of us, he was our mentor in this profession where he supported us since our inception, and in particular for his daughter and our partner, Veronica Meana. For those who knew him, Fernando was a charming gentleman whose absence will not be replaced and we hope to find comfort in our memories of him.

Rest in Peace and  goodbye forever, Fernando.

The Judicial System and Administrative Procedures throughout the Spanish state

On March 14, 2020, the President of the Spanish  Government declared the State of Alarm (by means of RD 463/2020) throughout the National Territory, due to the exceptional situation of danger to the Public Health generated by the COVID-19 outbreak. Thus, the part of the legal activity of the country has been practically suspended, with certain exceptions.

The measures to be taken by the Government in this regard must be aimed for protecting the health and safety of citizens, minimizing the progression of the disease and strengthening public health systems, but also trying to mitigate the health, social and economic impact that this exceptional situation may generate.

From the legal aspect point of view the main  measures are:

  1. The suspension of all procedural and administrative terms, what means that all these proceedings are actually suspended.
  2. The suspension of time bar terms and the expiration of any actions and rights has also been ordered.

These suspensions will be operative as far as the State Alarm is maintained, in principle 15 days as from the 14thof March 2020, but an extension is already foreseen.

The General Council of the Judicial Power issued two Orders on March 14, 2020, suspending all scheduled Court trials  and all procedural deadlines except for Essential Services.

These adopted measures are immediately applicable since 14th March 2020, being applicable to the whole country and that will remain in force while the State of Alarm remains, that is to say, for 15 calendar days from their publication except if they are extended.

Likewise, the Permanent Commission of the General Council of the Judiciary, working together with the Ministry of Justice and the Attorney General’s Office, agreed on the “Essential Services” that need to be maintained during this State Alarm.

These “Essential Services” will guarantee:

  1. Any legal proceedings which, if not carried out, could cause irreparable damage.
  2. Urgent internments of article 763 of the Law of Civil Procedure (non-voluntary internments for reasons of psychological disorder).
  3. The adoption of precautionary measures or other actions that cannot be postponed, such as the measures for the protection of minors in article 158 of the Civil Code.
  4. The courts of violence against women shall provide the corresponding on-call services. In particular, they shall ensure that protection orders are issued and any precautionary measures taken with regard to violence against women and minors.
  5. The Civil Registry shall provide permanent attention during court hours. In particular, they shall ensure that burial permits are issued, that births are registered within the prescribed period and that marriages are performed in accordance with article 52 of the Civil Code.
  6. Proceedings with detainees and others that cannot be postponed, such as urgent precautionary measures, removal of bodies, entries and searches, etc.
  7. Any proceedings with prisoners or detainees.
  8. Urgent actions in the area of prison surveillance.
  9. In the contentious-administrative jurisdictional order, urgent and undelayable health entry permits, fundamental rights whose resolution is urgent, urgent precautionary and preventive measures, and contentious-electoral appeals.
  10. In the social jurisdictional order, the holding of trials declared urgent by law and urgent and preferential precautionary measures, as well as the processes of Files for the Regulation of Employment and Files for the Temporary Regulation of Employment.
  11. In general, the processes in which a violation of fundamental rights is alleged when this are urgent and preferential (those whose postponement would prevent or make very burdensome the judicial protection claimed).
  12. The President of the High Court of Justice, the President of the Provincial Court and the Chief Justice will adopt the necessary measures regarding the cessation of activity in the judicial dependencies where their respective headquarters are located, and the closure and/or eviction of the same if necessary, informing and coordinating with the competent Monitoring Committee.

To ensure that these essential services are provided, orders are issued, to keep the court buildings operational and open. This will be done, however, by providing judges with the necessary protective elements to prevent the spread of viruses, warning signs providing information on minimum safety distances, by promoting teleworking and, in the case of rotating shifts, special attention will have to be given to people whose personal characteristics may became more sensitive to COVID-19.

To conclude, we would like to highlight the fact that prior to the publication of these Orders on 14 March 2020, and in view of the exceptional situation of some different territories, some Autonomous Communities, in the exercise of their autonomies, took measures such as those established by the CGPJ, to eliminate the spread of the COVID-19 virus, for example, Madrid, the Basque Country or the towns such as Haro (La Rioja) or Igualada (Barcelona). For its part, the Royal Decree ratifies all the provisions and measures previously adopted by the competent authorities of the Autonomous Communities and local entities on the occasion of the coronavirus COVID-19, which will continue in force and produce the effects foreseen in them, providing that they are compatible with it.

It is also compulsory for citizens and legal professionals to interact with the administration through the usual electronic offices, by telephone or via email, reducing the physical relationship to the essential and unavoidable procedures.

AIYON Abogados remain operative during the state of alarm declared in Spain

During the State of Alarm declared by the Spanish Government on the last Saturday 14TH March, with an initial period of 15 days that may be further extended, all the team of AIYON Abogados remains operative to cover our clients’ needs, insofar as it is possible in this unpredictable scenario.

You can contact us through our telephone lines and email addresses which are published in “OUR TEAM” and “CONTACT” tabs.

From AIYON Abogados we thank you for your collaboration to manage this crisis with everyone’s effort.

The new team structure of AIYON Madrid

We must announce that our partner, Julia García, has left Aiyon Abogados S.L.P. We wish her all the best in this new stage, and we thank her for the work and effort she made together with our team throughout these almost 5 years of common trajectory. Good luck, Julia!

AIYON Madrid‘s office remains fully operational managed by our partner Verónica Meana.

Merry Christmas and Happy New Year

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BY LAND, SEA AND AIR,
AIYON ABOGADOS ALWAYS ACCOMPANIES YOU
ON YOUR JOURNEY.
MERRY CHRISTMAS AND A HAPPY AND PROSPEROUS NEW YEAR

 

AIYON Abogados reinforces the offices in Cadiz and Algeciras

Our law firm reinforces the Cadiz and Algeciras offices as Encarnacion Quevedo joins their team of lawyers.

Encarnacion, with a reputable professional career, will contribute to our team with her excellent work and will reinforce the labour we have been doing in AIYON providing 360º Comprehensive Legal Services to our clients.

On the other hand, we must announce that our colleague, Yon Murua, has decided to begin his new trajectory in the legal department of a prestigious Spanish company and, much to our regret, has left AIYON’s office in Madrid where he has been doing a great job  for the last few years. AIYON wishes him all the best in this new adventure!

Cyber disruption in marine

Yesterday, one of our partners, Verónica Meana, took part in a practical conference organized by AON under the title “CYBER DISRUPTION IN MARINE” which was held in AON’s head office in Torre de Iberdrola in Bilbao. The conference was devoted to learning about and to sharing the risks and consequences that cyberattacks constitute in transportation and industry. 

Verónica had the opportunity to share the discussion panel with Max Bobys, Chris Bhatt and Nannette Wong, and in her presentation tackled administrative and civil responsibilities within transportation and logistics in the context of cyber threat, referring in particular to the maritime transportation sector and its agents. 

AIYON Abogados would like to thank AON for the opportunity we were given to participate in this event, which was greatly insightful in terms of better understanding of the new and future risks that the transportation sector is facing, the ways to deal with them and the insurance options available in the market of hull and machinery, civil liability and P&I insurance. 

THE NEW CODE OF ETHICS

On March 6th 2019, the General Council of the Spanish Bar approved the new Code of Ethics which came into force on May 9th 2019. This Code encompasses a set of principles of conduct that should govern the professional activities of lawyers and derogates the Code which was in force since 2002. These norms amend shortcomings that were detected since 2002 in order to make them applicable to every Autonomous region and in the areas of the Bar Associations. Moreover, these norms constitute the basis and their development and adaptation should be provided by the Autonomous Councils and the Bar Associations.

The new Code of Ethics considers essential values such as: independence, freedom, dignity, integrity, services, professional secrecy, transparency and collegiality.

The independence of a lawyer, with regard to any influence and against personal interests and external pressures, is an essential requirement of the system of the Rule of Law and of the effective defence of the citizens and is therefore established as a right and a duty.

The freedom of defence and to advise clients on freedom basis is protected and the right to freedom of expression is guaranteed without legitimizing insulting and discreditation.

Lawyers’ conduct should feature honesty, probity, rectitude, loyalty, diligence and veracity. This obliges the lawyer to waive any intervention that might result contrary to the mentioned principles or that might involve any conflict of interest with the clients of other lawyers of the firm.

The right and duty of the professional secrecy is established as a crucial rule and includes all secrets and proposals of the client, those of the opponent and colleagues, as well as all the facts and documents they may have knowledge about or may have received due to the professional intervention. The duties of professional secrecy will remain even after the provision of services has ceased.

The new Code of Ethics allows for publicity of the provided professional services as long as it is in accordance with the values that are essential for the profession.

The professional fees will be agreed on free basis between the client and the lawyer who shall inform the client on the approximate amount or on the bases used to determine it. The new Code of Ethics regulates the content of the order forms (“hoja de encargo”). The lawyer has the obligation to verify the identity of the person who is depositing the funds in order to prevent from money laundering. The lawyer will issue a receipt of the funds which shall be refunded and certified by the relevant accountability. Compensation and reverse charge mechanisms are expressly forbidden.

For the first time in the history, the use of information and communication technology is regulated in the new Code of Ethics and enforces to a responsible and diligent use in order to preserve confidence and professional secrecy.

In conclusion, the new Code of Ethics represents an effort to update and adapt the rules that should govern the professional activity of lawyers.